Marry under the VWP, what will happen?

[Hydey 0]

Ok so here's the story: I am from England and my girlfriend is from New Jersey, USA. We have been officialy dating since October of 2007 and at the moment i am over visiting her for the summer. I have been here since May 29th 2008 on the visa waiver programme and i am due to leave August 27th. I am extremely close with my girlfriend and her family and we know that one day we want to marry, but we never discussed when. Her Dad was very sick this summer so the plan was for me to come and accross and look after him, he could hardly walk and was waiting for a liver transplant. Sadly, 3 weeks into my trip he passed away. Everything has been hectic since and i have been consoling my girlfriend. Information from back home says that my Mum has kicked me out of the house and does not want me back, but said that i can still be officialy linked to the house legally, especially for our K-1 visa, which was our original plan to send off this summer and then save up for everything when i return home. However, with this happening, my girlfriend and i have decided to be married. We want to get married while i am here, we are both in a lot of depression and as cheesy as it sounds we really need to be together. Her mother is all for this and said she will say and/or sign any papers that are necessary for me to stay here permanantly, or sponsor me if needed. She has a very well paid job. I do not wish to return home at all, i would only collect the clothes and items i have left, but if it would make things easier for me to never leave, then so be it. I can live without those small clothes and items, and i would be able to take care of things like bank accounts from over here on the phone eventually. If my girlfriend and i were to be married now... how would i be able to stay here with her? And how would i be able to apply for adjustment of status. I've seen a lot of posts saying this is a no go but some inspiring ones that say it can happen. What will happening if we go ahead with this and what do we have to do to remain together physically? We do not want to leave each other at all. She needs me here. Her family needs me here with their bereavement too.

Any help would be greatly appreciated,

Kind Regards,

Richard

P.S -- For additional information. I have visited here 3 times previous but for very short stays, 10 days in November, 14 days in January and 15 days in February. She has visitied England for a 14 day stay back in April too.

[Jenn! 918]

Since you did not have immigrant intent at your last US entry, you will be able to adjust status (get your green card) after marrying here without having to return to the UK. You will need to file an I-130 in conjunction with the I-485 after your marriage. You won't be able to leave the country after marriage until you receive either advance parole (which you can file for at the same time as the I-485) or the green card.

See this guide for more info. http://www.visajourney.com/forums/index.ph...page=i130guide2

Good luck!

I'm moving this topic to the Adjustment of Status forum as it does not pertain to the K1.

Edited July 3, 2008 by Jenn!

[Hydey 0]

Hi Jenn thanks for your help! So everything i said would be legitimate? When being interviewed would it be wise to mention that we wasnt planning to pursue a k-1 visa, but to say that we were both working full-time to save up for college in our respective countries before we would then be together. And wouldtelling the state the story of my mum kicking me out and her Dad dying be a problem, or help? I'mreally confused with this and have heard rumours of a 10 year ban if you try to adjust on the VWP, and i cant be without my girlfriend for that long.

Thank you again,

-Richard

[Hydey 0]

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

Now i am scared :/

[Jenn! 918]

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

Now i am scared :/

Entering the country with an intent to marry and adjust status would be fraudulent. As you did not have plans to stay here and marry, that does not apply to you. Many people in your situation have been successful.

Chances are you will go through the interview with none of the issues surrounding your entry being in question. Should it come up, you should be completely honest. From your story, it seems clear to me, and should also be clear to your case officer, that you did not have immigrant intent at your last entry.

[Singers 0]

We adjusted from the VWP. Our situation was even more complicated since we had already started the process and had a K-3 pending when we adjusted.

You should be fine for the interview. We were asked why we adjusted from VWP instead of K-3. We told them why and that was basically it. (Our officer had to get supervisors approval but it was nothing.) If they ask you why, just say exactly why. He passed away, you don't want to be apart... etc. Despite what it feels like most of the time, the officers are people too. They understand things happen and wanting to be there for a loved one when they need you. (Though the whole getting kicked out of the house part sounds dodgy.)

You did not have immigration intent so you will be fine but bring proof that you did plan to go back. A return plane ticket would be fine. (And don't faint but it isn't a 10 year ban. It is a lifetime ban, though it is waiverable. The charge would be misrepresentation.)

Edited July 3, 2008 by Singers

[Hydey 0]

I just fainted, hehe. Well the truth is that we were both working full-time to save up for our k-1 petition of an engagement visa. We decided i would visit for the summer when her Mum offered over the idea that i could help out with her Dad who was sick, and be able to spend time with my girlfriend and her family. They are taking care of me. However her Dad passed away right infront of us when we were visiting in the hospital, so it was very traumatic. Now we want to get married, is this exactly what i should tell them in the interview? Also, i am not sure about raising the money for all of the forms in time for when my VWP expires, does a certain form need to be submitted by a certain time or someone will come looking for me?

- Richard

[LaL 418]

You did not have immigration intent so you will be fine but bring proof that you did plan to go back. A return plane ticket would be fine.

I hope there is more evidence than simply a return ticket - that isn't a very strong tie as sometimes return tickets are cheaper than one way! Other suggestions might be lease, job waiting for you, uni acceptance/classes, etc.

It has been said though, you proved your intent at the border.

[Singers 0]

Ok. I can't tell you what to say at the interview other than: Tell them the TRUTH. No harm can come from telling the truth.

You will want to remain IN STATUS. That means file your I-130 and your I-485 concurrently before your VWP time is up. You technically can remain beyond the time of your VWP since it will technically be forgiven at interview BUT you do not want to complicate your case further!

Once you file your I-130 forms your status will have changed so you are legally allowed to remain in the country. DO NOT LEAVE THE COUNTRY. You can file for Advanced Parole but they do not have to let you back in even if you get AP.

[Hydey 0]

I am not intending to leave the country. I did prove my intent at the border. However there is a complication i am worried about, other than word of mouth from my girlfriend's Mum and my parents, i only have a return ticket and 2 open bank accounts to prove my ties to the UK. I was working full-time, i applied for the summer vacation explaining that her Dad was extremely sick and needed taking care of, My vacation was approved. However a new store manager took over and did not want to continue approving my time off. With this being said i just decided to go because my girlfriend father meant more to be than a new ####### manager when it had already been approved. I was only working full-time in a McDonalds, a job i had part-time whilst i was studying, i continued it after i left college to pursue saving for the K-1. So it was not a big deal to get on the plane, it wasnt like i was flushing my career down the drain, lol.

Any help again is great! I just want to weigh all the options up before we do this and show and discuss with my girlfriend.

- Richard

[Singers 0]

You did not have immigration intent so you will be fine but bring proof that you did plan to go back. A return plane ticket would be fine.

I hope there is more evidence than simply a return ticket - that isn't a very strong tie as sometimes return tickets are cheaper than one way! Other suggestions might be lease, job waiting for you, uni acceptance/classes, etc.

It has been said though, you proved your intent at the border.

Well, the whole intent issue is as the Brits would say "a rather sticky wicket" I only added the "proof of return" as something to keep in mind and be prepared for... though from what all the immigration attorneys/professors I've spoken with, it isn't really brought up at interview. (Also the case in my situation and we did have a secondary inspection at the border.) It is an issue at the border. Once you are in technically you are allowed to "change your mind." ie. decide to get married and stay.

That being said, I would never advise someone to circumvent the system (coming here with the intent of "changing their mind") or to think that it is 100% a non-issue since unlike the rest of the justice system in these cases it is guilty until proven innocent.

[pushbrk 12,898]

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

Now i am scared :/

Entering the country with an intent to marry and adjust status would be fraudulent. As you did not have plans to stay here and marry, that does not apply to you. Many people in your situation have been successful.

Chances are you will go through the interview with none of the issues surrounding your entry being in question. Should it come up, you should be completely honest. From your story, it seems clear to me, and should also be clear to your case officer, that you did not have immigrant intent at your last entry.

Your circumstances as explained in your opening post, indicate you qualify to adjust status. I suggest you include a short letter with the information about how and when you decided to marry. (You've done a good job of explaining in the opening post, so use that as the basis if you want.) I would also advise remaining in the US until you have the green card. Advance parole is free if you file all at once but it doesn't gaurantee you'll be admitted after leaving. With the gree card, entry is virtually assured.

Congratulations. Time to start studying the AOS Guide and learn the process.

[bluegreen 0]

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

Now i am scared :/

Entering the country with an intent to marry and adjust status would be fraudulent. As you did not have plans to stay here and marry, that does not apply to you. Many people in your situation have been successful.

Chances are you will go through the interview with none of the issues surrounding your entry being in question. Should it come up, you should be completely honest. From your story, it seems clear to me, and should also be clear to your case officer, that you did not have immigrant intent at your last entry.

Your circumstances as explained in your opening post, indicate you qualify to adjust status. I suggest you include a short letter with the information about how and when you decided to marry. (You've done a good job of explaining in the opening post, so use that as the basis if you want.) I would also advise remaining in the US until you have the green card. Advance parole is free if you file all at once but it doesn't gaurantee you'll be admitted after leaving. With the gree card, entry is virtually assured.

Congratulations. Time to start studying the AOS Guide and learn the process.

Yes, I had my husband write a letter like that too. We included an affidavit from friends back home stating they thought I was returning. Did you keep a UK cell phone active? Include that too. Also include affidavits from family here stating they knew of your plas to return.

They never asked us about any of this, by the way, even though I was really prepared. Educate yourself, as you are doing, read a lot, and put the package together meticulously.

[Hydey 0]

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy.

Now i am scared :/

Entering the country with an intent to marry and adjust status would be fraudulent. As you did not have plans to stay here and marry, that does not apply to you. Many people in your situation have been successful.

Chances are you will go through the interview with none of the issues surrounding your entry being in question. Should it come up, you should be completely honest. From your story, it seems clear to me, and should also be clear to your case officer, that you did not have immigrant intent at your last entry.

Your circumstances as explained in your opening post, indicate you qualify to adjust status. I suggest you include a short letter with the information about how and when you decided to marry. (You've done a good job of explaining in the opening post, so use that as the basis if you want.) I would also advise remaining in the US until you have the green card. Advance parole is free if you file all at once but it doesn't gaurantee you'll be admitted after leaving. With the gree card, entry is virtually assured.

Congratulations. Time to start studying the AOS Guide and learn the process.

Yes, I had my husband write a letter like that too. We included an affidavit from friends back home stating they thought I was returning. Did you keep a UK cell phone active? Include that too. Also include affidavits from family here stating they knew of your plas to return.

They never asked us about any of this, by the way, even though I was really prepared. Educate yourself, as you are doing, read a lot, and put the package together meticulously.

Thank you very much for your help everyone, this has brought a huge smile to both my and my girlfiend's faces, although we do have a lot infront of us if we decide to do this. My only real concern is...

Once we are married and we send off the I-130 straight away, we will not have the money for the I-485 right away as it costs $1000, we are going to have to get a loan from the bank, my girlfriend is, an this may take a couple of weeks to go through. If i was to send of the I-130 after we marry, will the receipt for that cover my overstay of t he VWP in the US? And how soon after that do we have to send out the I-485 without somebody coming to look for me?

Kind Regards,

- Richard

[Hydey 0]

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as

Also reading above, we dont have any documentational evidence of this.. we are going to be living with my girlfriend's mother for a while after we are married until my adjustment of status goes through. Is there some things i have to send or is this mainly to scare people? And if i do, what could i send, marriage papers?

Kind Regards,

-Richard