Feel like I could cry...please help

[krumlovgirl 0]

This is a great site and I've been playing around reading things forever but now I have a question...I am an American and my fiancee is British. We are expecting a baby in March and want to live permanently in the USA. He's currently in the UK and we're thinking that the K-1 visa is the best way to bring him over. The problem is that it can take a long time and we want him to be here for the birth and preferably a little before and after. My question is this: if we apply now can he travel over here in and around March to be with me? I know he'll have to go back for the interview and to process the rest of the visa stuff, but is it possible for him to still come visit? an alternative for us was the illegal thing of him just coming over as a tourist and us getting married but then I was afraid when we tried to apply for the spousal visa they would deport him. I am going back to the UK in September until December and although we've only been apart for a few weeks (I had to see my US obgyn) we're both already hating that he is missing out on some of the pregnancy. There's no way I would want him to miss the birth. Anyone got any ideas?

[noblehero 0]

This is a great site and I've been playing around reading things forever but now I have a question...I am an American and my fiancee is British. We are expecting a baby in March and want to live permanently in the USA. He's currently in the UK and we're thinking that the K-1 visa is the best way to bring him over. The problem is that it can take a long time and we want him to be here for the birth and preferably a little before and after. My question is this: if we apply now can he travel over here in and around March to be with me? I know he'll have to go back for the interview and to process the rest of the visa stuff, but is it possible for him to still come visit? an alternative for us was the illegal thing of him just coming over as a tourist and us getting married but then I was afraid when we tried to apply for the spousal visa they would deport him. I am going back to the UK in September until December and although we've only been apart for a few weeks (I had to see my US obgyn) we're both already hating that he is missing out on some of the pregnancy. There's no way I would want him to miss the birth. Anyone got any ideas?

I think you should do everything legally. If you start now, you will probably have a fiancee visa by March. And since he is a Brit, it is easy for him to come visit in the meantime.

[William33 110]

You will most "likely" have a K-1 Visa by March 2007. No guarantees, however.

If your UK Fiance desires to travel while under a K-1 petition, he needs to provide significant evidence of ties to his home country. Specifically, a letter from his employer (of the job, expected return date following holiday), a return airline ticket, Evidence of an apartment lease or mortgage statement and so forth.

Very clear evidence of his intent to return to the UK after the VWP visit, is all that is required.

Further, do not volunteer more information at the point of entry (POE), than is required. If asked, be honest.

Don't worry, it will work out for you.

Edited August 28, 2006 by William33

[ajames79 0]

Depends on which service center you have to send your paprwork to as well....

Vermont seems to be wizzing by all of us Cali people. You have no choice where you send it but it could perhaps make it faster or slower.

Good luck....No babies on the way here but I'd like to have Chris here by March too!!

[TracyTN 237]

I agree that you *might* get the fiance visa by March 07 - but if not, just have him use the visa waiver program for a visit as suggested, and yes, have him bring ties to home in case he is questioned thoroughly at the POE.

[evets&netsrik 0]

I travelled from the UK to the US to visit my fiance while my K-1 visa application was in process 3 times and it was problem free. I would agree with the other post not to volunteer any additional info at POE but be honest if asked. The one requirement I was once asked about with United Airlines was having a return ticket (the return was booked on Lufthansa so not in their system which sent up a red flag) that is a requirement for entry into the US on the VWP and the airlines supposedly now check that. Good luck.

[Arnold_and_Joan 0]

When I was researching my K-1 or K-3 options, I have been advised by someone who used to be an immigration lawyer that the best way to get your fiance in is to have them come over on tourist visa and get married here. First of all that is NOT illegal. They are here legally on a tourist visa. I don't see how that could get illegal if they suddenly got married. I thought your visa only said "Not allowed to work" it never said "Not allowed to fall in love and get married." I suppose you need to ask a lawyer of the consequences. The second fastest way is the K-1 visa. My problem with my fiance is that she doesn't have enough evidence to tie her to her country to get approval for a tourist visa specially in a country as strict as Philippines. My advice I guess would be to ask an immigration lawyer and see if getting married to him while he's here as a tourist would be deemed really illegal or what the consequences would be. I've heard of a lot of people getting married to citizens when they've been here ILLEGALLY and they didn't seem to have much problems getting their green cards. So how bad could it be for a tourist here legally to get married? One good thing with your case is you're both having a child. Congratutations and Good Luck!

[a&o 4]

I agree with others: having him come visit you on a tourist visa and get married in the U.S. while his tourist visa is still valid. Once you're married, you can apply for an adjustment or he can leave the country and come in on another tourist visa. Depending on where you live in the U.S. this could be easy.

It used to be that even if someone entered the U.S. illegally (crossing the border) or stayed illegally (overstaying a tourist visa) and then married a USC, that person could get a green card. NOT SO any longer, as far as my cousin's experience has told me. She married a man from Mexico who had come into the U.S. illegally. Even though they have a child together and did everything above board as far as applying for his paperwork to stay, he was sent a deportation notice. They consulted a lawyer and the lawyer couldn't help. They went to Mexico together and are living there while they apply for a spouse visa for him to come back to the U.S. with her.

[TracyTN 237]

When I was researching my K-1 or K-3 options, I have been advised by someone who used to be an immigration lawyer that the best way to get your fiance in is to have them come over on tourist visa and get married here. First of all that is NOT illegal. They are here legally on a tourist visa. I don't see how that could get illegal if they suddenly got married. I thought your visa only said "Not allowed to work" it never said "Not allowed to fall in love and get married."

You're right - that is NOT illegal.

What is illegal is coming here on a tourist visa WITH THE INTENT to marry, then staying and adjusting status.

The burden of proof is on the couple to prove that was not the intent when entering the US. If you cannot prove it, you've then bought yourself a ban. Not worth it in my opinion, esp. when the fiance visa is a relatively quick process (esp. from VWP - visa waiver program - countries).

Since the OP is preganant, I'd say there is a high likelihood of marital intent, which would be a fradulent use of the VWP -- and therefore not an option for them.

Edited August 28, 2006 by TracyTN

[Mew 0]

When I was researching my K-1 or K-3 options, I have been advised by someone who used to be an immigration lawyer that the best way to get your fiance in is to have them come over on tourist visa and get married here. First of all that is NOT illegal. They are here legally on a tourist visa. I don't see how that could get illegal if they suddenly got married. I thought your visa only said "Not allowed to work" it never said "Not allowed to fall in love and get married."

You're right - that is NOT illegal.

What is illegal is coming here on a tourist visa WITH THE INTENT to marry, then staying and adjusting status.

The burden of proof is on the couple to prove that was not the intent when entering the US. If you cannot prove it, you've then bought yourself a ban. Not worth it in my opinion, esp. when the fiance visa is a relatively quick process (esp. from VWP - visa waiver program - countries).

Since the OP is preganant, I'd say there is a high likelihood of marital intent, which would be a fradulent use of the VWP -- and therefore not an option for them.

Exactly. If you *suddenly* got married, that wouldn't be fraud because then the intent to immigrate wouldn't exist prior to having entered the U.S. on a tourist visa. TracyTN's 100% correct on her assessment.

[krumlovgirl 0]

Thanks for all of the help. Yes, it would be difficult to prove that we weren't going to get married anyway if he came over on the tourist visa-especially with me pregnant. We are looking into the fiancee visa more and more and it seems that might be our best option, with him visiting me in March when I am due. But what if he gets his interview while he is here? How much time would he have to get back to the UK for it?

[Mew 0]

Thanks for all of the help. Yes, it would be difficult to prove that we weren't going to get married anyway if he came over on the tourist visa-especially with me pregnant. We are looking into the fiancee visa more and more and it seems that might be our best option, with him visiting me in March when I am due. But what if he gets his interview while he is here? How much time would he have to get back to the UK for it?

Well, check this link: http://www.visajourney.com/consulates/inde...&cty=London - it'll give you a general idea of the process after USCIS approval.

[TracyTN 237]

London's standard answer is that it will be 8-12 weeks from their receipt of packet 3 to schedule an interview. 4-6 weeks is more likely. I'd be very surprised if he would 'suddenly' get an interview date and be unlikely to make it, but in that event, I'm sure you could email the consulate, explain the situation w/ the baby, and get your interview rescheduled.

[Kathryn41 3,205]

Using a tourist visa to visit the US, then falling in love and deciding to marry and adjust status from within the US is not illegal; Using a tourist visa to 'visit' the US but really having the intent to marry and remain in the US to adjust status is illegal - it is called visa fraud because you have misrepresented yourself - in other words, lied to immigration about your intent. If you are pregnant, then it will be extremely difficult to prove that your 'husband' had no intent to marry you when he entered the US as a tourist and the likelihood of facing a denial of the AOS based on visa fraud - plus being banned from entering the US again - is very real. Another option in addition to the K-1 that is legal is to enter the US as a tourist, get married, then leave the country while a K-3 visa (or a CR1 visa) is processed through the Embassy abroad. It would mean separating for a while after the marriage but it may be a means whereby he can be here for the birth of your child if the K-1 process looks too long. Think through the time lines and consequences very carefully. You want to make sure that you are able to arrange for a whole life time together, not just for next March.

[ChristinaM 0]

The problem with performing AOS from the VWP is, as has been said already, not the filing of the AOS itself. It't the material misrepresentation at the POE. It should also be said that if your fiance turns up at the POE with everything he owns in tow, he simply is not going to be allowed into the country! They're a bit sharp about that kind of thing.

Kathryn make a good point about the K3. Check it out! You should file for one or the other ASAP to get him here for March though - having NOA's to show the officer at POE when he's visiting won't hurt him either.

Good luck, and welcome to the start of your visa journey!