clairebear

how do i go about this and what visa(s) do i need to enter on? can i do it on the VWP? the reason i ask is because my boyfriend would like to marry me soon no plans as of yet all we want is for it to go through smoothly and hassl free any help would be great thanks in advance.


~CB~

meauxna

It is a multi-step process you face. You may not immigrate to the US (get a green card) with a non-immigrant visa/VWP. The visa usually used in your situation is a K1 Fiance Visa. Your boyfriend, if a US Citizen, makes the first move.
read about it here:
http://www.visajourney.com/forums/index.php?pg=compare
and here: http://www.visajourney.com/faq/k1faq.htm

You can also find other K1 applicants for discussion here: http://britishexpats.com/forum/forumdisplay.php?f=35

clairebear

but we're not engaged just want to skip that part and marry

Manc

I wouldn't advise it.

can get in big trouble that way. Entering the country with immigrant intent on a Visa waiver is a deportable offense.

clairebear

its not for sure yet i might get there and hes done all the work booked it and everything what do i do then?

meauxna

Oh, OK. I mis-understood the "green card through marriage" part of your post.
Come to the US and get married, no problem. I believe under the VWP you will have a visit of no more than 90 days and then you and your new spouse can start your new married life wherever else you choose to live (except together in the US).

If it is a US Green Card you're after, see my previous post.

clairebear

no your not getting it, say for talking sake i went to the usa on holiday under the VWP to see him only without the intent to marry but he springs it on me and we get married in the usa and want to say what then?

the reason i say this is because hes droping hints at me to do just that

Manc

then you go back to wherever you are from (The UK I am presuming) and file for a K3 visa.

anything else at this point would constitute visa fraud.

However you will be able to go to your local embassy in New York (for the UK) and get him a settlement visa for the UK so you can live together.

clairebear

also the long away around with the k-1 and all does he need to be working and have hhis own place and all?

Manc

no anyone can sponsor you on his behalf pretty much

Bob

Then it's K-3
But wouldn't advise it, seems like more hassle....

clairebear

so its a K-1 visa fly out marry then try for my green card in the states?

Manc

K3 is a lot more hassle than K1 by all accounts

clairebear

how do u know so much about this?

Bob

You then do a change of status to permanant resident, takes a while longer, depends on where you are I guess....but you should be able to get work authorised and ssn quite easily...and as far as I can tell, it's probably cheaper...

I'm going through this route, basically the bloke at the canadian border said it was best option because your going to get a bigger grilling going through K3 route in the end