50 cool 50

Can anyone tell me my chances of this...
i am a UK citizen and my Fiance' is from California. we been planning to get married for a long time.
I am right now residing in Cali on a the VWP and it is going to expire in 2 weeks.
We recently found out my girlfirend is pregnant and we want to get married sooner than we thought.
We are going to Canada for valentines day (the same time my visa runs out) I want to come back to california with her after our trip and get married to her and take her back to the U.K. or possibly stay.
We dont mind as long as we are together and we can look after our child.
Will the imigration let me back in to the U.S. to marry her ?
Will they give me another VWP if I have proof of my return booked back to UK after another 3 months and if i show bank statements of my bank account so they can see i have funds to cover my stay without working

thanks for your reply, ( we are worried )

crg

You should be worried. You're not supposed to jump to Canada and back in order to get more time. Merely departing to noncontinuous territory or adjacent islands is frowned upon. Also, seeking to enter the US as a tourist with the intention of applying for a green card is a violation of the immigration laws. If you plan to reside in the US, you need an immigrant visa before arriving.

They can let you enter again on the VWP, but they must be absolutely convinced that you will visit, then depart and not apply for a green card on that trip. Asking for another 3 months, the pregnant USC fiance, and your prior long trips make you an extremely bad risk. The return ticket is of limited value because you probably discarded or changed your last airline ticket so they will suspect you will do that again.

50 cool 50

My pror trip was within the 3 months allowed. I am legal.
When i arrived in the states 3 months ago I did not have a return ticket back to the U.K and they let me in. this time i will have the return ticket

scrubbedexpat099

Better to post in the US section.

Move to the UK not so much of a time problem, but you may well have major issues being re-admitted to the US, especialy as you now have immigrant intent.

I you want to stay in the US, get married now and apply to adjust status, you will not be leavng the US for 3 months or so.

Noorah101

Hi cool, Welcome to BE.

You are not actually residing in CA. You are visiting. Big difference, immigration-wise.

It is illegal for you to enter the USA on the VWP with the intent to stay and adjust your status to permanent resident. It would be possible for her to come to the UK, but you could have issues coming back into the USA.

To marry her, yes. To remain in the USA and adjust status, no. Of course it all depends on whether they let you back in or not at all, depending on how close you are to your VWP end.

Highly unlikely, no. If you visit Canada DURING your 90-day VWP stay in the USA, you can be let back in the USA to continue the 90-days. It's unlikely that they will give you a NEW 90-day stay.

You guys should plan on doing a K-1 fiance visa. Look it up in the Wiki section here for details. Either that, or have your fiance look into moving to the UK.

Rene

50 cool 50

Is it possible for me to marry her in the USA without declaring anything then apply for the visa's G.C. while still here or do i have to marry her and leave and apply from the U.K.??

thanks in advance

Noorah101

It is illegal to use the VWP to enter the USA with the intent to remain and adjust status. Whether you try to do that or not is your choice, but there are consequences, and it IS an illegal act.

You can come to the USA to marry her, you can start the process while you are still in the USA (the USC files an I-130 petition), but you must leave before your 90 days is up, and do the rest of the process from abroad. You can come back and visit on the VWP, but you can't legally MOVE to the USA until you have your immigrant visa in hand.

Rene

The Horticulturalist

I would concur with everything that Noorah has said, she knows of what she speaks!

If I were you I simply wouldn't take any risks regarding immigration, especially as you have a baby coming.

best of luck, and let us know how you get on....

meauxna

You aren't residing in California, you are visiting.

If you leave the US now, there is a high probability you will not be readmitted. If you tell them of your plans, even higher.

You should probably decide your immigration plans pretty soon, and certainly before leaving the US.

Well, you should start minding, because what you want is not as easy as you think.
They don't have to.
They are not supposed to.

You should be.

50 cool 50

Thanks to everyone so far for the information and so fast. Great forum.

from what you have said so far you've mentioned i need this I-129 form for the K-1. (fiance petition) but what if we just went and got hitched tomorrow. Would it be the same form to use? By the way, how do i change the name of this thread? i dont like the green card bit, because as i have said, i am happy to take her back to england and live there.

Noorah101

cool,

You also have the option of NOT going to Canada, and instead having a consultation with an immigration attorney who might be able to give you further options to accomplish what you want.

Rene

Noorah101

No, if you get married tomorrow, the form is different. In fact, if that is your plan, you really need to speak with an immigration attorney who can give you more options.

I can change the title of your thread. What would you like it to say?

Rene

50 cool 50

My VWP expires at the time of going to canada.
So after that i will be illegal in the states? I dont want to be illegal.

Please can you change the thread name too-
Re: Returning to the USA to get married on a visa waiver programme

Can you recommend an immigration attourney who is efficient and not too costly!?

thanks again to everyone

Noorah101

If you do not want to overstay your VWP, then you have two options.

1. Don't get married yet, and do the K-1 fiance visa; or
2. Get married within the next few days, and then do the spouse Immigrant Visa

You can go to www.ailalawyer.com to find a list of attorneys to start calling. Or you can go to a place like Catholic Charities if you have them in your area, they can give you low-cost or free immigration advice.

Whatever you do, you should NOT leave the USA and then return on the VWP with the intent to remain and adjust status.

Rene

yorkieuk

I thought the whole idea was that it was illegal to enter the USA on the VWP with the intent of getting married.