VWP to fiance/spouse
#1
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Joined: May 2011
Posts: 25
VWP to fiance/spouse
Hi,
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
#2
Re: VWP to fiance/spouse
Hi,
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
See this Wiki Guide in particular to see the differences: http://britishexpats.com/wiki/Compar...ge-based_visas
You mentioned coming to the USA on the VWP, then beginning either the K-1 or Immigrant Visa process. That's fine, you can do that. You can also get married on the VWP, that's not a problem, if you decide to go for the Immigrant Visa.
Keep in mind that it's illegal to come to the USA as a visitor with the intent to remain and adjust status to permanent resident (in case you were considering doing that....don't do it).
Rene
#3
Re: VWP to fiance/spouse
Hi,
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
I have been dating a girl from the US for 2 years while she was in the UK, now she has moved back to the US, New york. I am desperate to move there with her.
I dont know what is the best way to do this. Every one has a different story. My plan was to go on a VWP and then apply for a spouse/marriage visa (k1). Im so confused looking through the various wiki's I just really need some advice on what I should do.
Any help would be greatly appreciated.
Once the K-1 visa is approved (many parts including doctors appointment, police check, interview, etc.), you will then enter the US on that visa, get married, and file for adjustment of status.
Since this is late at night in the US and approaching a long weekend, you aren't likely to get a lot of replies from the real experts tonight and maybe not until Tuesday morning in the US.
Edit: I just noticed that Rene (one of the experts) has responded to your question.
Last edited by Michael; May 28th 2011 at 9:21 am.
#4
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Joined: May 2011
Posts: 25
Re: VWP to fiance/spouse
So I have spoke to my girlfriend and we think the best way for us to proceed is to go on a VWP then while I am there file the petition for the fiance visa(k1) and get married. Do you all think that this would work out?
Im a little confused though, how long does it take to start so that I can stay for the 90 days to get married after we file the petition?
Im a little confused though, how long does it take to start so that I can stay for the 90 days to get married after we file the petition?
#5
Re: VWP to fiance/spouse
I wonder why all the posts again on coming on the VWP to marry are arising again? I remember the issue from nearly 10 years ago where people were openly giving advice on how to scam the system. And then people got more circumspect [including me]. It was pointed out that the plan was dangerous. I know that I was poo-pooed a lot on my pointing out from time to time what could happen.
Well, one can see what San Diego did. It pays to remember that, although SD was wrong in its reasoning, they acted within their authority.
It was a matter of prior discussion that giving recommendations on the "visa express" could be considered a violation of the criminal laws. It is not a stretch of reasoning to apply the criminal "smuggling" provisions to the Citizen petitioner in these cases.
Finally, a bit of Paul Simon --
"I have squandered my resistance for a pocketful of mumbles such are promises, all lies and jests. Still a man hears what he wants to hear and disregards the rest." ...
"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free."
Have a good holiday weekend.
Well, one can see what San Diego did. It pays to remember that, although SD was wrong in its reasoning, they acted within their authority.
It was a matter of prior discussion that giving recommendations on the "visa express" could be considered a violation of the criminal laws. It is not a stretch of reasoning to apply the criminal "smuggling" provisions to the Citizen petitioner in these cases.
Finally, a bit of Paul Simon --
"I have squandered my resistance for a pocketful of mumbles such are promises, all lies and jests. Still a man hears what he wants to hear and disregards the rest." ...
"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free."
Have a good holiday weekend.
#6
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Re: VWP to fiance/spouse
What do you think is my best course of action? I thought that this was the legal and proper way to do this?
#7
Getting my head around it
Joined: Mar 2011
Location: UK
Posts: 21
Re: VWP to fiance/spouse
Basically, the proper and legal way is for you to either fly in on the VWP, marry and LEAVE and file for the immigrant visa as a spouse, or remain here whilst your fiance files the K1 and then fly out to the US!
If you do it the way youre suggesting it can become illegal or very complicated/difficult. When you land immigration always tend to ask the purpose of your visit? If you were to be honest and open about your intention (to marry and adjust status - remain) they more than likely wont allow you to enter and will turn you around and send you back. If you lie, it becomes illegal! Also, it would be a struggle to convince officials that you didnt intend to stay when you were first entering the US.
Honesty is always the best policy! If its opinion that you want... I would recommend you marry and leave to file you paperwork or file as a fiancebefore you fly out there!
If you do it the way youre suggesting it can become illegal or very complicated/difficult. When you land immigration always tend to ask the purpose of your visit? If you were to be honest and open about your intention (to marry and adjust status - remain) they more than likely wont allow you to enter and will turn you around and send you back. If you lie, it becomes illegal! Also, it would be a struggle to convince officials that you didnt intend to stay when you were first entering the US.
Honesty is always the best policy! If its opinion that you want... I would recommend you marry and leave to file you paperwork or file as a fiancebefore you fly out there!
Last edited by WhySoHard; May 28th 2011 at 2:16 pm.
#8
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Re: VWP to fiance/spouse
so what would be the timeline of things I would need to do?
I am so confused. if my partner applies for the k1 visa can I then visit her while we wait for the petition to be processed and travel using the VWP?
I am so confused. if my partner applies for the k1 visa can I then visit her while we wait for the petition to be processed and travel using the VWP?
#9
Getting my head around it
Joined: Mar 2011
Location: UK
Posts: 21
Re: VWP to fiance/spouse
Im pretty sure you can fly out there whilst waiting for the K1 visa for visits on the VWP, so long as you leave. Someone will probably be along soon to confirm if that is correct.
#10
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Re: VWP to fiance/spouse
yeah that sounds like what I was hoping for. So if we applied for the K1 petition I could travel there for 3 months at a time on VWP and so long as I didnt over stay I would be fine and I could continue to visit? Im just looking for the option that allows me to spend as much time as possible with her in the US.
Thank you for your time I really appreciate it.
Thank you for your time I really appreciate it.
#11
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Location: Santa Cruz, CA
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Re: VWP to fiance/spouse
Regardless of which path you take you can still visit the US using the VWP while the visa application is in progress (assuming, of course, that you are otherwise eligible to use the VWP).
Be aware, however, that you may have problems if you attempt to spend "too much" time in the US using the VWP where "too much" is defined as "whatever the CBP agent happens to think is 'too much' on that particular day" ...
(and the VWP allows you to stay for a maximum of 90 days not 3 months ...)
Be aware, however, that you may have problems if you attempt to spend "too much" time in the US using the VWP where "too much" is defined as "whatever the CBP agent happens to think is 'too much' on that particular day" ...
(and the VWP allows you to stay for a maximum of 90 days not 3 months ...)
Last edited by md95065; May 28th 2011 at 2:41 pm.
#12
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Location: Kentucky
Posts: 38,865
Re: VWP to fiance/spouse
You have two choices: either get married and start the process for a spousal visa, or start the K-1 process and postpone the marriage until after you get the visa and enter the US with that visa.
Ian
#13
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Re: VWP to fiance/spouse
Oh so we could get married on VWP? then come back to the UK while we apply for the k1 visa petition then I would be able to remain in the US?
#14
Re: VWP to fiance/spouse
Im a little confused though, how long does it take to start so that I can stay for the 90 days to get married after we file the petition?
You can visit on the VWP in the meantime.
Rene
#15
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Re: VWP to fiance/spouse
WOOHOO that sounds exactly like what I want to do. So she could do that on Tuesday morning and until we get the k1 visa processed I could visit until we got married?
I feel like I dont understand the system enough to know what could go wrong what common pitfalls would there be?
I cant thank you all enough for your help with this.
I feel like I dont understand the system enough to know what could go wrong what common pitfalls would there be?
I cant thank you all enough for your help with this.