What would be best course of action?

[Amethyste 0]

Hello all, this is my first post

TODAY, I became a Naturalized Citizen I am really excited about that because now, we can concentrate on what to do

to have my future husband to come here and live with me in the USA...

I am just confused about certain things and want to know what would be the best course of action.

He's leaving back to Germany on 10-5-08 - he came to the US to visit me under the the VWP. We have been engaged for 2+ years now and this long

distance relationship of 3 years is getting harder on us everytime he has to leave

We are unsure on how to handle the next steps...

Should we:

Him get a traveler's visa good for 6 months, then when he comes here, get married, then after file for his greencard and spouse visa so that he doesnt

have to go back and stay here?

Get married before he leaves then do DCF in Germany?

Or just do the lengthy k-1 visa filings or the k-3 filings...

I just don't know what to do! There are so many options, but to me, the first one would make the most sense since the visitors visa is good for 6 months...

Any idea or suggestions would be appreciated...

-=Amethyste=-

[Azulolhospatricia 0]

Amethyste,

I think that the best way would be to get married before he leaves, then apply for I-130. If he comes back on a tourist visa with the intent to marry and he gets caught it could be a case of fraud. Hope that helps a little.

[Jenn! 918]

Him get a traveler's visa good for 6 months, then when he comes here, get married, then after file for his greencard and spouse visa so that he doesnt

have to go back and stay here?

He can not adjust status (get his greencard) if he entered the U.S. with intent to immigrate (marry and adjust status), that would be immigration fraud.

Get married before he leaves then do DCF in Germany?

You should check the specifics in Germany, but usually the USC must be resident in the country to be eligible for DCF.

Or just do the lengthy k-1 visa filings or the k-3 filings...

These are, of course, possibilities.

I just don't know what to do! There are so many options, but to me, the first one would make the most sense since the visitors visa is good for 6 months...

Any idea or suggestions would be appreciated...

If he did not have intent to immigrate at his last entry on the VWP, you could get married now and adjust status. He would not be able to leave the country, however, until receiving the green card or advance parole.

If he leaves as planned on October 5, returning later on the VWP, marrying and adjusting status from inside the U.S. is not an option.

[Otto 83]

Is staying here (not leaving in Oct.) an option you are prepared to undertake?

As stated above - there is a window of opportunity right now to stay, marry and adjust status...

[Amethyste 0]

Any idea or suggestions would be appreciated...

""If he did not have intent to immigrate at his last entry on the VWP, you could get married now and adjust status. He would not be able to leave the country, however, until receiving the green card or advance parole.

If he leaves as planned on October 5, returning later on the VWP, marrying and adjusting status from inside the U.S. is not an option.""

Why isnt this an option? I didnt expect getting my citizenship until later... like next year...

[Jenn! 918]

Any idea or suggestions would be appreciated...

""If he did not have intent to immigrate at his last entry on the VWP, you could get married now and adjust status. He would not be able to leave the country, however, until receiving the green card or advance parole.

If he leaves as planned on October 5, returning later on the VWP, marrying and adjusting status from inside the U.S. is not an option.""

Why isnt this an option? I didnt expect getting my citizenship until later... like next year...

Because it's immigration fraud. You can not enter the U.S. on a tourist visa (or VWP) with the intent to immigrate, which is what he would be doing. To quote the guide:

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. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Guide

Some more thoughts on the matter are in this thread and others in the same forum: http://www.visajourney.com/forums/index.php?showtopic=137007

Edited September 26, 2008 by Jenn!

[Jenn! 918]

Another thread where it's being discussed currently: http://www.visajourney.com/forums/index.php?showtopic=153129