Hobbsy

Dear all

I've found a few threads about this, but nothing on the nose, so forgive me if this has been done to death...

I live in the UK, my girlfriend lives in Connecticut. I'm a UK citizen, she's a US citizen. I've read lots about the K1 fiance visa process (petition and visa) but haven't found anything about what happens if I marry her on my next visit using a 90 day VWP. Does anybody know what would happen if she and I marry in the USA while I'm there on a VWP visit... would the Green Card process be normal (i.e. go for an adjustment of status and then be subjected to 2-year conditional stay) and would I be able to stay in the USA during the process?

Really grateful for any help, it's a big unknown to both of us at the moment.

Manc

if you do get married on your next VWP trip as a spur of the moment deal I would go ask an immigration attorney what they suggest is the best foot forward, you may be surprised in what you hear.

blaze

Hi there and welcome to BE!
This question has been asked a lot lately . I can't answer it for you but you will probably be better off posting this in the 'US marriage based visas' forum as you will be more likely to get an accurate answer there.
Good luck!.

Manc

or most likely ripped to f**king shreds.

Hobbsy

Thanks both... will do. All the best.

blaze

Either or!

Manc

so why advise him to go to that forum? most of us have been through immigration system, we can answer his question

blaze

You too!

blaze

Because Manc my dear, that is generally what is advised when exactly the same question is asked in this paricular forum every other day! Any other ?'s I can answer for you?

snowbunny

You would be able to apply for adjustment while staying in the US, but you'd be subject to several restrictions at least at first, and you'd have to satisfy your own conscience that it was spur-of-the-moment as well as USCIS' doubts.

Truly -- consult an attorney.

dan_alford

Well here is "my take" on this question.

You can get married on a 90 VWP but it can get you onto the wrong foot with immigration and can cause complications, including deportation and banned from entry for a number of years. The fiance visa and programs are there for a reason and given the current immigration climate in the USA they may start taking the harsh line to people who try to bend the rules. ( Having said that there are some people on here who have done this and had no problems with it).

The safest route is to do the fiance visa if you want to live here asap. If the biggest issue is getting married and living with your fiance, consider getting her to come to the UK as the visa process is a lot less involved. Then when you are both living in the UK you can go through the spouse visa application and the fact that you are married and living together would probably help the process.

Manc

not by Me it isn't.

Hobbsy lad.
if you don't do K1 or K3 visa route and get married on a VWP go to see an immigration attorney, he'll make your day.

Hobbsy

Thanks again everybody... excellent food for thought.

Kate2112

Hi Hobbsy,

No problem getting married on a VWP as long as you intend to leave before the 90 day expiry period. If you intended in the US after the wedding I would recommend against it as it could be a very long, fretful time until you get permission to work and a conditional green card. In my case it was 6 months before I could work!!! Many others have experienced longer delays.

Good luck whatever you decide.

Angry White Pyjamas

Didnt know you were an immigration attorney as well....is that professional legal advice you've given there then? Very good of you to act for free for him.