Marriage under VWP???

[xaanaa 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

[payxibka 10,045]

I-130, I-485, I-765

[amrssnowangel 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

[xaanaa 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I think i could prove intention quite easily as I was not free to marry at the time he came in as my divorce was still not finalized. I know that 6-8 months is not a big deal but as I may be pregnant it might be a big deal to both us if we indeed are (which we will find out soon enough)

[pushbrk 12,763]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I think the divorce becoming final after the entry, is pretty good evidence there was no intent to marry and adjust status because one party wasn't free to do so.

What the OP needs to consider though is that if they decide to adjust status, the foreign spouse needs to stay in the US until they have Advanced Parole. This may or may not be practical.

Edited January 25, 2008 by pushbrk

[xaanaa 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I think the divorce becoming final after the entry, is pretty good evidence there was no intent to marry and adjust status because one party wasn't free to do so.

What the OP needs to consider though is that if they decide to adjust status, the foreign spouse needs to stay in the US until they have Advanced Parole. This may or may not be practical.

how long does advanced parole take?

[Kathryn41 3,205]

The suggested time frame from USCIS is about 90 days after the dated receipt of the AP application. The AP application needs to accompany an AOS application for it to be considered. So, you need to marry, obtain the official marriage certificate, submit the I-130 petition for a family member (spouse), the AOS (adjustment of status from a non-immigrant to an immigrant) application and the AP (Advance Parole)application. You may also wish to submit an Employment Authorization (EAD) application at the same time as that will authorize your spouse to work once he receives the EAD. The applications are received by USCIS who sends back receipts acknowledging each application. The AP and the EAD take approximately 90 days to be processed.

The AP is used by the intending immigrant as permission to return to the US while the AOS is being processed. If he leaves prior to its receipt, then he will not be allowed back into the US. You basically have to start all the immigration process over from the beginning - with him outside of the US.

Is he incurs an overstay on his Visa Waiver they may not honour the AP when he tries to use it so it is good to make sure he retains a valid status in the US until he gets the AOS submitted. This may mean getting married as soon as possible rather than planning for something more formal.

Edited January 25, 2008 by Kathryn41

[xaanaa 0]

The suggested time frame from USCIS is about 90 days after the dated receipt of the AP application. The AP application needs to accompany an AOS application for it to be considered. So, you need to marry, obtain the official marriage certificate, submit the I-130 petition for a family member (spouse), the AOS (adjustment of status from a non-immigrant to an immigrant) application and the AP (Advance Parole)application. You may also wish to submit an Employment Authorization (EAD) application at the same time as that will authorize your spouse to work once he receives the EAD. The applications are received by USCIS who sends back receipts acknowledging each application. The AP and the EAD take approximately 90 days to be processed.

The AP is used by the intending immigrant as permission to return to the US while the AOS is being processed. If he leaves prior to its receipt, then he will not be allowed back into the US. You basically have to start all the immigration process over from the beginning - with him outside of the US.

Is he incurs an overstay on his Visa Waiver they may not honour the AP when he tries to use it so it is good to make sure he retains a valid status in the US until he gets the AOS submitted. This may mean getting married as soon as possible rather than planning for something more formal.

ok so you all think we would be ok and they will not deport him since we can pretty much prove our intention was not to marry when he entered 2 mos ago

i mean we planned on someday getting married but not this soon but now i rather not be away from him...

[bichon82 0]

The suggested time frame from USCIS is about 90 days after the dated receipt of the AP application. The AP application needs to accompany an AOS application for it to be considered. So, you need to marry, obtain the official marriage certificate, submit the I-130 petition for a family member (spouse), the AOS (adjustment of status from a non-immigrant to an immigrant) application and the AP (Advance Parole)application. You may also wish to submit an Employment Authorization (EAD) application at the same time as that will authorize your spouse to work once he receives the EAD. The applications are received by USCIS who sends back receipts acknowledging each application. The AP and the EAD take approximately 90 days to be processed.

The AP is used by the intending immigrant as permission to return to the US while the AOS is being processed. If he leaves prior to its receipt, then he will not be allowed back into the US. You basically have to start all the immigration process over from the beginning - with him outside of the US.

Is he incurs an overstay on his Visa Waiver they may not honour the AP when he tries to use it so it is good to make sure he retains a valid status in the US until he gets the AOS submitted. This may mean getting married as soon as possible rather than planning for something more formal.

ok so you all think we would be ok and they will not deport him since we can pretty much prove our intention was not to marry when he entered 2 mos ago

i mean we planned on someday getting married but not this soon but now i rather not be away from him...

I think that if you are pregnant you can really justify getting married asap and the fact that you were married when he entered is a good lack of intent! I wish you all the best! However... you do know that if you're married you can go and live in the UK and if you're there for 6 months you can get the whole process WITHOUT having to go through the K1 PLUS Adjustment of Status ordeal really quickly... http://london.usembassy.gov/dhs/uscis/i130filing.html in Belgium this WHOLE process takes 4 weeks and you get your greencard before going back to the US.

[diadromous mermaid 36]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...

This is nonsense, no offense amrssnowangel . Intent is not that difficult to prove. What is difficult is to disprove a finding of immigrant intent, when there was immigrant intent. To the OP, if your boyfriend arrived as a tourist, with no intentions of remaining in the USA to marry, then chances are there were unresolved, dangling issues remaining in the UK at the time he made the choice to remain. Such issues to include, bank accounts that were still active; personal effects that would need to be disposed of or shipped; a home/flat with either a lease or a mortgage; a job that he would later have to resign from etc.

Edited January 26, 2008 by diadromous mermaid

[diadromous mermaid 36]

I think that if you are pregnant you can really justify getting married asap

In moral and social context, perhaps, but one could argue that pregnancy could be construed as a reason for a tourist that does have immigrant intent to use a quick method to get here!

[Kathryn41 3,205]

I think since you were not free to marry when he arrived that indicates that the intention was not there to get married. When your divorce came through you looked into getting married and decided you would like to do it sooner rather than later while he was here. I do know of others here on VJ who decided after their significant other arrived in the US to marry and adjust status from within the US and who had no intention of marrying upon their arrival. They can give you better advice on what to expect. Gather your evidence - ie. return plane flight, proof of ties remaining in the UK (lease/property/job/belongings, etc.), heck, you could even print out this thread on VJ where you are expressing your interest in marrying after his arrival in the US (VBG)- and have it all available for your interview. Since he had no intention of marrying on this trip and can prove it I don't think you will have to worry very much about them viewing this as visa fraud, although it will be up to you to prove it. Deportation is for confirmed visa fraud. Good luck.

Edited January 26, 2008 by Kathryn41

[Kez/JWolf 6]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

Please tell me where you got your information about all this.... because wherever it was is totaly wrong.... or maybe you are talking from your own expirence or maybe what you think might happen to people who file for AOS from a tourist visa or VWP.....

so please back up your statements with a link to where this information came from....

Kez

[Addie_Goodvibes 0]

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

My spouse entered on a VWP and We got married applied AOS I-485/ I-130 we had No problem applied in June and received 10 YEAR GC Dec of the same Year

You will have the burden of establishing Bona Fida Marriage, so be sure everything is in order. i would suggest add your Fiance to a couple of utilty bills to establish co-mingled Finances and maybe open up a joint account after you get married. It is these types of things that help establish that the marriage is bona Fida Legit.

He will not be able to leave the country until he receives is GC Just File I-130, I-864, I-485 Concurrently & if he wishes to word he will need to file I-765.

If you are legitamit couple then you needn't worry too much.

Start building support evidence for the relationship. and get married as soon as you can if you are serious about doing this, because if he overstays his VWP and tries to apply it will look worse and draw more scrutiny.

Good Luck

[kerewin21 2]

As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.