VWP to fiance/spouse

Old May 28th 2011, 8:51 am
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Default 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.
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Old May 28th 2011, 9:46 am
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Default Re: VWP to fiance/spouse

Originally Posted by smulvain View Post
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.
You basically have two choices: K-1 fiance visa, or spouse Immigrant Visa. There are pros and cons to each method, and lots of variables, but either one of those results in the same ending...you immigrating to the USA. They both take about the same amount of time to process (8 - 10 months); the difference being that you can start the K-1 process immediately, but must wait until after marriage to begin the Immigrant Visa process. The biggest difference between the two is that with the K-1 visa, you still need to do more paperwork and fees to become a US PR; but with the Immigrant Visa you become a US PR as soon as you come to the USA using the Immigrant Visa.

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
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Old May 28th 2011, 9:48 am
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Default Re: VWP to fiance/spouse

Originally Posted by smulvain View Post
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.
The vwp has nothing to do with the K-1 visa. You do not start the K-1 visa application but your USC fiance does by filing a form to petition for alien fiance. So going to the US on the vwp has no bearing on the K-1 visa.

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 10:21 am.
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Old May 28th 2011, 1:46 pm
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Default 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?
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Old May 28th 2011, 2:12 pm
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Default 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.
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Old May 28th 2011, 2:16 pm
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Default 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?
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Old May 28th 2011, 3:01 pm
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Default 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!

Last edited by WhySoHard; May 28th 2011 at 3:16 pm.
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Old May 28th 2011, 3:11 pm
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Default 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?
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Old May 28th 2011, 3:22 pm
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Default Re: VWP to fiance/spouse

Originally Posted by smulvain View Post
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?
The Wiki above give great timeline guildances an comparisons between the two legal ways of going about things. Its worth taking a read. Very informative!

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.
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Old May 28th 2011, 3:31 pm
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Default 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.
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Old May 28th 2011, 3:39 pm
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Default 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 ...)

Last edited by md95065; May 28th 2011 at 3:41 pm.
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Old May 28th 2011, 3:50 pm
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Default Re: VWP to fiance/spouse

Originally Posted by smulvain View Post
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?
You can't marry immediately after submitting the I-129F. It will invalidate the entire process, and you'd lose the filing fees.

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
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Old May 28th 2011, 3:53 pm
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Default 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?
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Old May 28th 2011, 3:54 pm
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Default Re: VWP to fiance/spouse

Originally Posted by smulvain View Post
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?
Well, sort of. You don't need to be in the USA for her to file the I-129F, but you can be if you want to. So yes, your fiancee could file an I-129F anytime now. And yes, eventually you will get married. The waiting time between filing I-129F and coming to the USA on the K-1 visa (so that you can get married) is about 8 to 10 months.

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?
It takes about 8 - 10 months to do the whole visa process.

You can visit on the VWP in the meantime.

Rene
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Old May 28th 2011, 3:57 pm
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Default 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.
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