it's just not cricket

I feel the need to point out that, while many people may get away with the "VWP express," you're unlikely to convince them that you're only here for a casual visit when you show up with the dog.

nettlebed

What about the ones who show up to marry the dog?

chadi1982

lol I would defo look into it more, bit of a risk!

MandyNi

Very good point!

P., I was also advised by someone who was US government based (and knew better) to go the VWP route. Frankly I couldn't risk that myself, what if they decide to send me back and ban me from the US for good. What happens to my happy ever after dream then!?? If you look at signature you'll see I've gone down the K1 route and just been approved.

Honestly, you can do this the legal way in the given time. There are lots of others taking that route right here, right now and you'll get all the support you need.

Get that 129F completed and sent off asap, your November date is still do-able!!.

Ginblossom

Sounds like the fiancee still wants to go a different route. Horses being led to water etc.

ian-mstm

It seems that no matter what has been advised here, you're going to do whatever you want to do whether it's legal or not. You might get away with it... you might not. Don't ever confuse that with the fact that it is illegal to enter the US as a visitor with the intent to stay and adjust status... and no one here is going to help you commit immigration fraud. Don't like it? TFB for you.

Ian

jeepgirluk

Absolutely! The correct (legal) route is the way to go. IMHO, you have so much time until you want to get married, plenty of time to apply for and hopefully get a Finance Visa. The process can be stressful at times but as long as you are diligent and organised it's really not that bad. This forum is full of invaluable advice and information.

peejaygee

Ok, if this comes across wrong please bear with me... This is what we would like to do (after chatting last night) and we think we have it licked... but there is always one or two questions, which I'm going to ask here..

Ok, she fills in the Fiance Visa, sends it's off. In the mean time, provided I'm not doing too many back to backs, etc, I'm still visiting on the VWP.

Hopefully it takes about 6 months to come back, around about June or July, she is visiting in July, I'm not over there, so I've not entered the US for the 90 limit on getting married.

I then visit back in late sept, which puts me under the 90 day issue, which enables me to get married in Nov.

Here are the two questions, once I've entered on the Fiance Visa in Sep and it is valid for 90 days, does this allow me to return back to the UK after my visit, then return back to the US to get married? or between July (or when the Visa comes back) should I wait until Nov to visit again? (Couldn't bear to think I'd have to wait 4 months to back with her)

Also, I don't know if I'm reading this right, but once I'm married and I have to apply for the spouse visa (I think) I have to return back to the UK until that is processed? The reason I ask this, I am thinking of renting my house out, etc, if I've gotta return back, that puts a different spin on dates for that, etc.

The reason I'm confused is because I don't see the logic in the apparant penalisation of someone who has done it the correct way, after just getting married to the person they love being sent away.

As you can understand, we both want to do it the correct and legal way, as we don't want to jepodise anything and/or have problems with law.

Regards
Paul.

Noorah101

Correct. (except she's filing an I-129F petition...not a fiance visa)

YOu lost me a litte on this one. You are hoping to get the K-1 visa in hand within 6 months of filing I-129F, I think is what you're saying, right? That's possible, so OK there. And yes, you are still in the UK at that time. You have not yet entered the USA using your K-1 visa.

Which 90 day issue....the 90 day limit on the VWP visit? Or the 90 day limit in which to get married after arriving on the K-1? If you get you K-1 visa before September, then you'll be using THAT to enter the USA, then you will get married in November, which is within the 90-day lmit for getting married.

No. Once you enter on the K-1 visa, you marry and stay in the USA. The K-1 visa is valid for 6 months, not 90 days. Once you use it to come to the USA, then you have 90 days in which to get married.

Once you have the K-1 visa in hand, it's better NOT to visit the USA on the VWP. It's better to just use the K-1 for your entry to the USA. The POE officer may or may not make you use the K-1. I remember this question coming up before on here, but I don't recall whether the poster was able to do it.

No. Once you arrive in the USA on the K-1 and get married, you do NOT leave the USA again until you have applied for AOS and received Advance Parole (takes about 30 - 60 days from filing AOS) or your actual green card in hand, either one.

If you will need to return to the UK very soon after marrying on the K-1, then the K-1 won't work for you. After you enter the USA on the K-1 and get married, you must not leave the USA until you have AP or Green Card in hand (soonest would be AP, which takes about 30 - 60 days from filing AOS). If you DO leave before having that in hand, your AOS will be abandoned and you'll have to start all over with a spouse Immigrant Visa. If you are OK with staying put in the USA for 3 - 4 months after your arrival (and after your marriage), you'll be OK with the K-1. For example, if you get the K-1 in September 2010 and enter the USA in October, marry in November and file AOS right away, then you'll probably be able to go back to the UK by around February 2011.

Right. There is not penalization in doing it the right way.

If the restricted travel after marriage bothers you about the K-1, then you have a couple of other choices:

1. Marry sooner in a small civil marriage (like NOW), and do the spouse Immigrant Visa. You'll probably just make it back in time for the big wedding event in November.

2. Wait to marry in November as planned, but realize that you'll then return to the UK for Immigrant Visa processing, with making VWP visits in the meantime, this time as a married couple.

Immigration is done on a set of rules and boundaries, and sometimes what the couple wants, doesn't perfectly fit in with what Immigration requires.

ian-mstm

Well, she actually files an I-129F petition... insofar as she isn't the one who needs the visa!


Perfectly fine to do so.


Well, at that point you won't actually be visiting since you will be intending to stay... you'll be entering the US with your K-1 visa.


The K-1 visa is a *ONE* entry only visa. Once you've entered the US with that visa, it's done. If you leave the US after entering on the K-1 - whether you're married or not - you have to start all over again.


Once you have the visa, you can try to enter the US on the VWP, but once they see the visa in your passport it's pretty much game over. You will end up activating that visa and must stay in the US, must marry within 90 days, must file to adjust your status, and must wait until you receive Advance Parole before you can leave the US.


Not if you enter the US with a K-1 visa. Think about what a visa actually is... it's a travel document that allows you to enter the US. If you're already in the US with a K-1 visa, why would you need any other visa?

If though, you don't get a K-1 visa and instead simply get married in the US and then return to the UK, then yes... you'll be applying for a spouse (CR-1) visa. If that's the case, your (then) wife would file an I-130 petition and NOT an I-129F.


If you don't want to leave your spouse after marriage, do a K-1 visa.

Ian

jeffreyhy

Being pedantic - sometimes extra detail is important - a visa is a travel document that allows you to travel to a POE and request entry. A visa does not allow entry, the inspecting immigration officer at the POE does that (or he denies entry).

Regards, JEff

agentpeppermint

Pee I suggest you listen to the people here, you dont have to ask us if coming to marry on the vwp and staying is illegal, the immigration website for USCIS tells you and I would suggest you take that as the "word of God". My husband and I are in the middle of AOS ( for him to stay ) after coming on a K-1 ( wish we had done things differently but alas ) this is the route we chose and it has been the safest one by far.

If we had chosen to have him enter on the VWP and then adjust, he would surely have been sent home.

We are lower incomed ....certainly not even middle class but we have scraped by on luck and faith in the system, had we done the 10 foot pole jump and had him come in on the vwp and then adjusted...i am certain he wouldnt be here and my 3 sons would be fatherless for the next 10 years or so.

Its apparent you dont have children involved so I dont want to seem dramatic, but after being on here for over a year and a half now and learning what I have, please follow the immigration rules and come over the way you should legally. however, it IS YOUR future ultimately and none of us would like to see you back here next year asking for help to appeal a deportation. I hope I am right to assume that most of the people here like to hear about happy endings and helping people in the right direction. I dont think anyone would purposely steer you wrong...it just sounds to me like this co-worker of your fiance's really has no clue about the VWP and the consequence of your AOS being denied and not being able to appeal it.

Good Luck.

Just Jenney

Here's the legal way, in a nutshell:

1. She files the I-129F petition with USCIS.
2. USCIS (hopefully) approves the petition, and notifies your fiancee and the London Consulate of its approval by issuing Form I-797.
3. London Consulate sends you a packet of forms for you to complete and return to them.
4. After receiving your packet, the London Consulate will notify you of your visa medical exam and K-1 visa interview appointments.
5. You go to your visa medical exam; the results are sent directly to the London Consulate.
6. You go to your K-1 visa interview appointment at the London Consulate, bringing all relevant paperwork. You leave your UK passport with them.
7. You're (hopefully) approved for the K-1 visa.
8. A few days later, you'll receive your UK passport back by courier mail with the K-1 visa attached inside.
9. The K-1 visa is valid for 180 days. For example, if your visa is dated June 1, 2010, you must enter the US on your K-1 visa no later than November 28, 2010.
10. Upon entry to the US on your K-1 visa, you have 90 days to marry.

After you marry...

1. You'll obtain a certified copy of your marriage certificate (among other documentation) and file for Adjustment of Status (I-485), work authorization (I-765) and travel authorization (I-131). You aren't required to file this within the 90-day K-1 period, but it's recommended.
2. The travel authorization is also called "advance parole" or simply AP -- you MUST have this in order to travel outside of and return to the US before you get your green card. It typically takes about 3 months to obtain AP.
3. It typically takes 3-5 months to obtain work authorization (aka, EAD).
4. It typically takes 6-18 months to have your AOS interview and obtain your 2-year conditional green card. This means you're now a US legal permanent resident, and no longer require AP if you want to travel outside the US.
5. Ninety (90) days before your conditional green card expires, you'll file Form I-751 and supporting documentation to have the conditions removed.
6. Most likely, you won't have another interview, you'll simply be issued a 10-year green card without conditions. This typically takes 6-12 months.
7. Once you've been a permanent resident for 3 years minus 90 days (starting from when you received your 2-year conditional green card), you're eligible to apply for US citizenship, if you want.

Hope that helps!

~ Jenney