Dozy Yank

I have been looking into the forms and such for my SO to come to the US from England. We each have things that need to finalize and get wrapped up, so we are talking months and months from now before he will be able to come over. I got confused and just spoke with an immigration attorney about twenty minutes ago and he advised that my guy come out on a Visa Waiver Program, which will give him a 90-days' stay, during which he and I (my guy, not the attorney...lol) would marry and then my guy would apply for an AOS.

It was a short conversation, but he said he wouldn't "complicate things by applying for a K-Visa."

There is no way in Hell it can be this straight-forward. I am going to talk to another attorney, but I wanted your guys' temperature on this.

I did a search on VWP, but didn't really find anything specifically that I was looking for.

Thanks for reading guys!

meauxna

The phrase you want to search on is 'ten foot pole'. As in "I wouldn't touch it..."

You'll have better luck in the marriage-based visa forum. I'll move you.
Put on your flame proof pants.

Dozy Yank

Thank you. :: pulls up pants ::

meauxna

This is the most recent discussion about it, and the least heated. The penalties are starting to rear their heads: http://britishexpats.com/forum/showthread.php?t=557059

You can also search on 'VWP express' for lots of fun.

And here's the short version: http://britishexpats.com/forum/showp...7&postcount=12

Dozy Yank

Holy crap. So, would it just be safest and least prone to error/misunderstood intentions to just go the K-1 route? In your opinion.

I read that with that, he has to return to England after we're married?

Dozy Yank

Was I just given advice to skirt the law?

meauxna

More like snap it in two and dance on its stinky face.

Dozy Yank

LOL! Aw, man.

ian-mstm

If your guy gets a K-1 visa - he enters the US, marries you within 90 days, and *stays* in the US to adjust his status. He does not need to go back to the UK.

Ian

meauxna

It happens. Pretty often actually. This is not a shortcut you need/want to use.

What the lawyer was proposing is that Mr Man come over, say he is here for a vacation (lie) then magically change his mind and marry you and apply to stay. He would not leave the US during his wait for a green card.

It's the same process as the K-1 goes thru after marriage (adjustment of status/AOS) but without the clearance of the K-1 visa. Oh yeah, and it's illegal to do it the 'express' way. In the past, it's been a sort of 'soft' illegal, which is why I guess, some attorneys sometimes recommend it.

SecretGarden

It's not.

Funnily enough, when I joined the group six years ago, I, like you, had done some reading and had your same thought: if it's this easy, why in the hell are all these people talking about visas, and lengthy separations while waiting for processing? My first question on this board was related to this very subject because I just couldn't fathom that anyone would take this longer route if a shorter, easier one was available.

I wish someone had warned me to put on my flame proof pants, because boy did I get slammed for that question. (Don't bother looking it up, you won't find it.....SecretGarden is my second incarnation on this board! )

When I found out that there were issues with that "quick and easy" approach, God, did I feel depressed. My (now) husband was not yet divorced from his wife and I knew that we'd be waiting for YEARS before his divorce AND visa processing would be completed. But once we resigned ourselves to doing things the "right" way, we got on with it and persevered. And so can you.

~SecretGarden

Dozy Yank

Great, thank you, Ian. That is a huge relief!

Dozy Yank

Thanks, Meauxna. I won't lie... for a minute I considered whether or not we could "pull it off," I mean, I'm human. BUT thankfully, my judgment kicked in and I know the correct way to go about it. When it comes to things like this, obviously, the more legal and legit things should be.

Secret, I have no doubt that this process will take a while, and we are in a similar situation to the one you brought up. I know that with our dedication and determination, we will make it.

BritishGuy36

a) The attorney is a class A1 moron. The attorney advised your fiance to break the law, and risk permanent ban from entering the US.

b) If you are talking maybe as long (or almost as long) as 9 months (ish), you may be better going for the CR-1 visa rather than the K-1.

The K-1 is more expensive and has significantly more paperwork involved - it's generally more hassle. There may also be a period after you are married where your fiance is not authorised to work.

The CR-1 is (for want of a better phrase) a "spousal" visa, rather than a fiance visa. Your fiance would make a trip to the US now, get married, then would return to the UK while you start the paperwork. Your fiance eventually attends an interview at the US Embassy in London, and then is issued his CR-1 visa (all things being acceptable with the application).

Once your fiance enters the US on a CR-1, he is a Legal Permanent Resident from minute one! - no more AOS paperwork, no more expense, no more hassle (until you want to naturalise - but that's the same for all greencard holders however they obtained a green card). That means immediate and continuing authorisation to work, travel outside the US, etc.

I often phrase it this way, for your circumstances:

It's a case of sentimentality vs cost+hassle. You may think it's worse to be apart after marriage than if you are just engaged (sentimental), but is that more important to you than it being cheaper, and the process being less hassle and more straightforward?

As far as how long the two processes take, it's about the same (8-10 months).

Dozy Yank

Thank you, BritishGuy! The attorney actually gave me that info! Any sort of penalty or ban would be absolutely heartbreakingly terrible, so obviously, we want to avoid that!

To put it this way, I have about six months before my crap is clear and done. He could use this time to wrap things up in the UK.