NEED ADVICE ASAP!! VISA WAIVER ABOUT TO EXPIRE WANT TO GET MARRIED

[savingtess 0]

My boyfriend and I (he's from the UK, I'm a US citizen) have decided we want to get married, but his Visa Waiver is up on the 28th of this month - I know that once we file the forms with the USCIS to adjust status that he can overstay these 90 days, but if we get married, wait for the marriage certificate, then mail the forms, the 90 days will be well gone and we are worried because we are not certain if this will hamper his ability to travel back to the US. Hope that wasn't too complicated - I guess what we need to know is: Do we have to get married before the 90 days is up, or do we have to have confirmation that the applications are pending before the 90 days or up? If local offices aren't accepting applications anymore and we have to mail them direct, then do we have to wait until we get a receipt from them, and what if that doesn't happen until his visa waiver has expired?

Thanks everyone. I know this is a typical question, but there's so much information that it can be overwhelming at times.

[desert_fox 32]

My boyfriend and I (he's from the UK, I'm a US citizen) have decided we want to get married, but his Visa Waiver is up on the 28th of this month - I know that once we file the forms with the USCIS to adjust status that he can overstay these 90 days, but if we get married, wait for the marriage certificate, then mail the forms, the 90 days will be well gone and we are worried because we are not certain if this will hamper his ability to travel back to the US. Hope that wasn't too complicated - I guess what we need to know is: Do we have to get married before the 90 days is up, or do we have to have confirmation that the applications are pending before the 90 days or up? If local offices aren't accepting applications anymore and we have to mail them direct, then do we have to wait until we get a receipt from them, and what if that doesn't happen until his visa waiver has expired?

Thanks everyone. I know this is a typical question, but there's so much information that it can be overwhelming at times.

Is he planning on going back if you get married???

If so, then leave before the 90 days, married or not, or else his VWP will not be valid for future entry.

[savingtess 0]

My boyfriend and I (he's from the UK, I'm a US citizen) have decided we want to get married, but his Visa Waiver is up on the 28th of this month - I know that once we file the forms with the USCIS to adjust status that he can overstay these 90 days, but if we get married, wait for the marriage certificate, then mail the forms, the 90 days will be well gone and we are worried because we are not certain if this will hamper his ability to travel back to the US. Hope that wasn't too complicated - I guess what we need to know is: Do we have to get married before the 90 days is up, or do we have to have confirmation that the applications are pending before the 90 days or up? If local offices aren't accepting applications anymore and we have to mail them direct, then do we have to wait until we get a receipt from them, and what if that doesn't happen until his visa waiver has expired?

Thanks everyone. I know this is a typical question, but there's so much information that it can be overwhelming at times.

Is he planning on going back if you get married???

If so, then leave before the 90 days, married or not, or else his VWP will not be valid for future entry.

No, not until he gets his travel status adjusted, I think it's called travel parole. If that is the case then is it okay for us to get married before the 90 days is up? What about the paperwork? thanks!

[desert_fox 32]

No, not until he gets his travel status adjusted, I think it's called travel parole. If that is the case then is it okay for us to get married before the 90 days is up? What about the paperwork? thanks!

You can get married anytime you want...nothing to do with the VWP.

Its ADVANCE PAROLE...be careful when you go to use it in his situation, by the time you receive it, he may be facing a bar on re-entry due to overstay and be able to return....read the USCIS site regarding AP...I think this the way it works.

[Mags 112]

From my understanding (thanks, Kez!) he should not leave the US even with AP if adjusting status from the VWP. He will have to wait for the Greencard before leaving the USA again.

Edited December 16, 2007 by Mags

[athena_ny 1]

From my understanding (thanks, Kez!) he should not leave the US even with AP if adjusting status from the VWP. He will have to wait for the Greencard before leaving the USA again.

Yeah, he really shouldn't. Some people have and re-entered successfully, but it becomes risky when dealing with VWP/tourist visas/etc and possibly overstays.

To the OP - it doesn't really matter when you file the paperwork, any overstay will be forgiven through marriage to a USC. You need to be prepared to prove that there was no intent to remain and adjust status upon entry, though. As already stated, your fiance/future husband shouldn't travel until green card is in hand in this situation.