Returning to the USA to get married on a visa waiver programme
#1
Just Joined
Thread Starter
Joined: Feb 2009
Posts: 15
Returning to the USA to get married on a visa waiver programme
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 )
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 )
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Returning to the USA to get married and get the green card
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.
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.
#3
Just Joined
Thread Starter
Joined: Feb 2009
Posts: 15
Re: Returning to the USA to get married and get the green card
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.
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.
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
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: Returning to the USA to get married and get the green card
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.
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.
#5
Re: Returning to the USA to get married and get the green card
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
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.
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
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
#6
Just Joined
Thread Starter
Joined: Feb 2009
Posts: 15
Re: Returning to the USA to get married and get the green card
thanks in advance
#7
Re: Returning to the USA to get married and get the green card
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
#8
Re: Returning to the USA to get married and get the green card
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....
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....
#9
Re: Returning to the USA to get married and get the green card
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 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.
You should probably decide your immigration plans pretty soon, and certainly before leaving the US.
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 )
#10
Just Joined
Thread Starter
Joined: Feb 2009
Posts: 15
Re: Returning to the USA to get married and get the green card
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.
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.
#11
Re: Returning to the USA to get married and get the green card
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
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
#12
Re: Returning to the USA to get married and get the green card
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
I can change the title of your thread. What would you like it to say?
Rene
#13
Just Joined
Thread Starter
Joined: Feb 2009
Posts: 15
Re: Returning to the USA to get married and get the green card
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
#14
Re: Returning to the USA to get married and get the green card
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
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
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
#15
Re: Returning to the USA to get married and get the green card
I thought the whole idea was that it was illegal to enter the USA on the VWP with the intent of getting married.