Lupa

Hello everybody, I've just joined your forum and have been reading through some of the replies. I'm british and my boyfriend is an american citizen who I met while visiting friends in Texas some time ago. We are totally committed to each other and he has asked me to marry him, and of course I have said yes

I have been going to the U.S back and forth using the waiverless visa scheme, and now am planning to go again with full intentions of getting married in a civil ceremony before my 90 day limit is out. I know its not the smart thing to do and that it isn't recommended but basically we can't live without each other and don't want to have to wait for the processing of a K1 visa . It gets harder each day to be apart. He has a very good job and I have savings so finances aren't a problem.

Has anyone ever adjusted from the visa waiver to getting married? What is the procedure following marriage with regards to filing for a green card and permanent residency status? Lastly do I have any other options ?

Thanks very much,
Lupa

Noorah101

Hi Lupa,

You won't have any problems marrying on your visit here. The problem is, you can't stay and continue to adjust status. After you marry, and before your 90 days ends, you should return to the UK for your spouse visa processing. That is the legal way of accomplishing what you have in mind. It's illegal to come to the USA on the VWP (or tourist visa) with the intent to remain and adjust status.

Once you marry here in the USA, your husband will file an I-130 (and possibly an I-129F if you're going for a K-3 visa) for you. You will eventually receive a set of paperwork for your spouse visa, and then go to an interview in London. It might mean 6 months apart, but it will all be done the legal way, and you won't have to worry about anything.

Best Wishes,
Rene

Seanus

Welcome to the forums, Renee said it all (as you'll come to see, she's good like that!), you are well advised to do this the legal way to prevent any complications in your adjustment of status. Nobdy wants to be apart from their loved ones, especially two people just married.

Your other option though is to go back to the UK without getting married here while on the VWP, file for a K1 (fiance visa) then once issued come back to the US, then get married and file for AOS without having to be apart once married. But that process will also take months like the K3 spousal visa.
Ultimatley a decission that you and your fiance need to make together.
G'luck!

~Sean~

Noorah101

Lupa,

You'll have to realize there will be a period of separation (6 months or so). The question is, would you rather be separated as a married couple, or an engaged couple? Of course you don't *want* to be separated at all, but unfortunately, that's the way immigration works.

Best Wishes,
Rene

CaliforniaBride

JenniferB

I know its hard being apart ... I found it easier to get a visa to move to the UK then it was to get one for my husband to the US at the time we were dating.

Now that I'm married, having a baby, I'm in the process of getting my husband his US Spousal Visa so we can move to NJ. (we just got DCF here so I'm thrilled!)

Anyway, I just remember those days of being apart... how awful it was. But...we waited and took our time and did everything the legal and proper way. Even if that means paying for so many different Visas.

Trust me, everyone here has good advice. Best to take the longer route and do things the legal way.

Once married, you won't want to be separated.

ian-mstm

Oh please... I am so sick and tired of whiney lovers who are desperate to be together and can't live without each other... it makes me want to puke. Delayed gratification is the hallmark of a mature relationship.

If you enter the US with the intent to stay and adjust status after you get married, you'll be looking over your shoulder for many years to come... waiting for the day that the feds show up on your doorstep with a removal order. And if you think intent isn't an issue, I'll point out that you have already demonstrated that intent. Oh, did I mention that there is no appeal if you enter on a visa waiver and your adjustment is subsequently denied?

Ian

Bob

It's hard being apart, but get over it, we've all done it and you have a lifet time together afterwards.

You risking being denied entrance to POE if they suspect anything, and if you have your wedding gear and friends it will look suspicious....also if for anyreason you AOS and they deny it, you've waived all your rights to appeal the decision.

Chances of getting caught might be small, but do you want to live with the extra stress over what is already a pain in the arse process?

CaliforniaBride

Cmon Ian, I'm surprised you bothered. The OP states that she has been reading the board, enough to understand the K1 process. Yet blatantly states she is intending to act illegally. Then asks for others who may have done the same (albeit in a roundabout way). Hmmmm?

Matthew Udall

This is the one piece of legal advice I see rendered over and over again (mainly by non-attorneys as non-attorneys make up the majority of people who dispense legal advice to strangers on this group and other similar groups), which is not completely accurate (and no, I'm not going to go into great detail in explaining why as that has been done to death in this site over the years). I think Bob's second paragraph is more accurate (or at least part of it is).

Pardon the expression, but "where" the s*it is most likely to hit the fan is at the POE. But of course, now the OP must factor in the fact that she has posted on the internet for all the world to read (didn't check to see if it went to usenet, but if it did then it will be archived there for years to come) that she truly does have immigrant intent, knows there is a problem with this plan, and intends to use the VWP for an improper purpose.

Wonder if that evidence (her confession freely made and archived on the internet) would be an example of an additional "adverse factor"?

Matthew Udall

One final thought. Blanket statements that would likely make the average reader think it applies to everyone and every case are dangerous to make.

Matthew Udall

Hi Rita,
Since you quoted my post in your reply, am I correct in thinking you are talking to me?

Not sure what the damned if you do and damned if you don't comment means (maybe you are referring to someone like the OP who needs information but possibly hurts herself by asking), and even less sure what you are referring to with your God and equal partner comment.

Was that a jab at me?

Just as a general comment, if people are going to take it upon themselves to render legal advice to strangers on the net, then perhaps they should give accurate advice. I’m not the only person to ever voice this opinion (and just read a post from someone else saying the exact same thing in the Lottery thread).

Rete

didn't quote you ... you were just in the way

Matthew Udall

While it is now deleted, I read your reply where you had my post quoted and where your comments appeared. No big deal, but I was wondering what the God and equal partner comment was all about. That's all.

Seanus

I concur