Visa Waiver

[astral 0]

My girlfriend is here in america with a Visa Waiver (some kind of special thing for japanese and european visitors i guess)

is anyone formiliar with this?

shes here for another month, would it be a good idea to marry before she leaves and do the k3? or do a k1 when she goes back?

[Tim & Cai 15]

I would start the k1 now.. But thats just me The kind of visa you choose is up to you but this wateing thing is hard and K 1"S take less time.

[pushbrk 12,824]

My girlfriend is here in america with a Visa Waiver (some kind of special thing for japanese and european visitors i guess)

is anyone formiliar with this?

shes here for another month, would it be a good idea to marry before she leaves and do the k3? or do a k1 when she goes back?

Since you're asking, I take it she didn't have intent to marry and stay to adjust status, when she last entered. As such, that option would appear to be open to you if it otherwise fits your needs. If so, you would be together in the USA instead of separated. Most would consider that "better".

However, if you choose that option, she should not leave the US until she completes the adjustment of status or has advanced parole. You'll also need to be very confident of convincing an immigration official the marriage decision was made after she entered the US.

[YuAndDan 153]

You are talking about the Visa Waiver Program, it allows persons from 20+ countries to visit the USA without a Visa.

SEE: http://www.cbp.gov/xp/cgov/travel/id_visa/..._us/vwp/vwp.xml

Either one is fine, if you are thinking K-3, consider the K-3 and K-1 carefully if you adjust status from a K-Visa you will be paying $1010 for the pleasure. You may want look at CR-1 visa.

Marry here or there, and file just the I-130 for a CR-1 visa there is no status adjustment, CR-1 results in a green-card allowing immediate work privilege, and travel. CR-1 takes a bit longer than K-3.

Lastly How did you meet? If you did not know your girlfriend before she came here, and her intent was NOT to immigrate when she came to the USA to visit, you may just file I-485 and I-130 together and adjust status here and now she wont be able to leave until a decision is made though.

Compare: http://www.visajourney.com/forums/index.ph...mp;page=compare

CR-1: http://www.visajourney.com/forums/index.ph...page=i130guide1

Adjust status from visitor: http://www.visajourney.com/forums/index.ph...page=i130guide2

[astral 0]

My girlfriend is here in america with a Visa Waiver (some kind of special thing for japanese and european visitors i guess)

is anyone formiliar with this?

shes here for another month, would it be a good idea to marry before she leaves and do the k3? or do a k1 when she goes back?

Since you're asking, I take it she didn't have intent to marry and stay to adjust status, when she last entered. As such, that option would appear to be open to you if it otherwise fits your needs. If so, you would be together in the USA instead of separated. Most would consider that "better".

However, if you choose that option, she should not leave the US until she completes the adjustment of status or has advanced parole. You'll also need to be very confident of convincing an immigration official the marriage decision was made after she entered the US.

yes I am trying to find out which is best, which will allow her to stay, and how?

[Dakine 26]

Listen to YuandDan

Lastly How did you meet? If you did not know your girlfriend before she came here, and her intent was NOT to immigrate when she came to the USA to visit, you may just file I-485 and I-130 together and adjust status here and now she wont be able to leave until a decision is made though.

If she came to marry you that's visa fraud and you'll have to use another type of visa.

[pushbrk 12,824]

Listen to YuandDan

Lastly How did you meet? If you did not know your girlfriend before she came here, and her intent was NOT to immigrate when she came to the USA to visit, you may just file I-485 and I-130 together and adjust status here and now she wont be able to leave until a decision is made though.

If she came to marry you that's visa fraud and you'll have to use another type of visa.

Yes, this is the key question. Please answer it before going further down this road. When did you and your girlfriend decide to get married? Was it before or after her most recent entry to the US?

[astral 0]

You are talking about the Visa Waiver Program, it allows persons from 20+ countries to visit the USA without a Visa.

SEE: http://www.cbp.gov/xp/cgov/travel/id_visa/..._us/vwp/vwp.xml

Either one is fine, if you are thinking K-3, consider the K-3 and K-1 carefully if you adjust status from a K-Visa you will be paying $1010 for the pleasure. You may want look at CR-1 visa.

Marry here or there, and file just the I-130 for a CR-1 visa there is no status adjustment, CR-1 results in a green-card allowing immediate work privilege, and travel. CR-1 takes a bit longer than K-3.

Lastly How did you meet? If you did not know your girlfriend before she came here, and her intent was NOT to immigrate when she came to the USA to visit, you may just file I-485 and I-130 together and adjust status here and now she wont be able to leave until a decision is made though.

Compare: http://www.visajourney.com/forums/index.ph...mp;page=compare

CR-1: http://www.visajourney.com/forums/index.ph...page=i130guide1

Adjust status from visitor: http://www.visajourney.com/forums/index.ph...page=i130guide2

the quicker the better.

I live in Las Vegas, I met her while makeing a small bet on roulette at Red Rock resort casino 9 Jun 2007

i said hello to her after she smiled I won bet.

we went to her place which was right across the road after stopping at a grocery store to get wine.

actually..i wrote a poem about that night ..

but after that day we spent a lot of time together, i did not have a job at the time had lost it the previous year

then got some injurys. she made sure i had food and a place to stay

more recently she stayed at my place for awhile.. its a long story we were through lots together

maybe a bit personal

Yes, this is the key question. Please answer it before going further down this road. When did you and your girlfriend decide to get married? Was it before or after her most recent entry to the US?

i only met her since her most recent visit.

we met in person

Edited October 1, 2007 by astral

[payxibka 10,045]

I'd be curious how she can still be here on VWP since a VWP entry allows only 90 days and that is long expired (based on you meeting her on 9 Jun 2007).

[astral 0]

I'd be curious how she can still be here on VWP since a VWP entry allows only 90 days and that is long expired (based on you meeting her on 9 Jun 2007).

yeah i thought that would come up

while being here she has flown to new york twice and california maybe 2 or 3 times

and flew to mexico for 2 weeks and was issued another visa waiver when she returned and it is about to expire soon

Edited October 1, 2007 by astral

[pushbrk 12,824]

I'd be curious how she can still be here on VWP since a VWP entry allows only 90 days and that is long expired (based on you meeting her on 9 Jun 2007).

yeah i thought that would come up

while being here she has flown to new york twice and california maybe 2 or 3 times

and flew to mexico for 2 weeks and was issued another visa waiver when she returned and it is about to expire soon

Then you met her before not after her most recent visit. Her most recent visit or entry was from Mexico.

When did you decide to get married? Was it before or after her latest US entry. I'm not asking these questions to exercise my fingers. When you do answer, please be accurate.

[desert_fox 32]

So the temporary thing that she had turned out to be an I-94 from a VWP entry....finally we know (from his previous rambling thread under K1 visas).

This still doesnt make sense, because when you enter on the VWP, and travel to an adjacent country, such as Mexico, the original I-94 (90 day) clock is still running and you do not start over with a fresh 90 days. Oh well..... You still have the Aff. of Support problem. You had better be very careful in what you do.

[astral 0]

Pushbrk is right I did meet her before her last entry. do not know why I did not think of that.

the thought was in my head before she went to mexico but I did never speak if it

because I thought you needed 3 years of tax records to marry a forienger,

and I do not have that. it was not until recently when i was actually trying to find out

about a lottery i heard of where the winner gets a visa. i got off track and read a little about the k1 visa and

became interested to see for myself how it works and found maybe i can marry her, i just did not know anything

about it and had a different idea.

[Mags 112]

Astral ~ Many of your concerns were addressed in this thread:

http://www.visajourney.com/forums/index.ph...p;#entry1222540

I suggest that before you continue to post more questions you follow the excellent advice in that thread. You have many issues to sort out before you even consider filing for a visa. I suggest you do this first, read the guides and then, if there is anything else you wish to know, post it here.

Until then I do not feel that there is much we can do to help you further.

Edited October 1, 2007 by Mags

[astral 0]

Astral ~ Many of your concerns were addressed in this thread:

http://www.visajourney.com/forums/index.ph...=89738&st=0

I suggest that before you continue to post more questions you follow the excellent advice in that thread. You have many issues to sort out before you even consider filing for a visa. I suggest you do this first, read the guides and then, if there is anything else you wish to know, post it here.

Until then I do not feel that there is much we can do to help you further.

i recall being told many times to figure out her status befopre anything