A crucial time

[Beefy 0]

First off apologies if this is the wrong board to be posting this thread.

So I'll introduce myself... I am from the UK and having been 'seeing' my US girlfriend for the last two and a half years and early this year we decided I come and join her in New York. So I quit my job in June and came out in July intending to hopefully get sponsorship via employment while I was out. I had no such luck before having my planned return to the UK in September. I came back out in October and am still here with my 90 days up on 30 Dec, with still no luck with work (employers generally turn off when they hear your status).

Now fearing I won't be let back in the US for quite a while due to how much I've been here in the last 6 months my GF and I are planning on getting married on Monday. This is so we can file K-1/K-3/Green card and I can extend my stay here while the application is in process (we have an attorney who's been advising me).

I have reservations though, first we both agree we wouldn't have neccesarily got married now if it weren't for the situation and I'm anxious at how long I need to wait before I can be authorised for employment as I've already spent 6 months with no income. Plus not being able to return the UK for 4-5 months and missing out on my family Christmas, something I've never done. On the flipside though it's going to be difficult for my GF and I not seeing each other for almost another year apart (almost a year being when immigration are likely to let me back in(?)).

I know it sounds like I'm asking for advice on what I should decide but it's not, just with the wealth of experience here of all the pitfalls and so on what would be my best option. Also if there's anything with either route that is likely to cause a problem. Would it be an idea to return to the UK and apply for a K-1 for when I return? I just found out about the CR-1, how valid an option would that be?

Before anyone says, I know I've gone about this the wrong way i.e. Coming to the states before sorting anything out. So, no need to tell me.

Thanks for the time and sorry for the long post.

[YuAndDan 153]

If you marry her you will not be filing for a K-1.

You have indicated all along that your INTENT has always been to IMMIGRATE, adjusting status in your case WILL be considered to be a misuse of the VWP, and VISA FRAUD, so DO NOT attempt to adjust status.

Your best and safest option is to marry, and return home, and file for an Spousal visa either a CR-1 or K-3. You can file for the visa befor heading home, just do not overstay the period allowed by the VWP. Lastly there is NO way to extend VWP stay.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied, you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order and to enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

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

The CR-1 is highly recommended in your case because you keep indicating that you want to work, CR-1 results in an instant green-card, K-3 does NOT.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

[pushbrk 13,067]

First off apologies if this is the wrong board to be posting this thread.

So I'll introduce myself... I am from the UK and having been 'seeing' my US girlfriend for the last two and a half years and early this year we decided I come and join her in New York. So I quit my job in June and came out in July intending to hopefully get sponsorship via employment while I was out. I had no such luck before having my planned return to the UK in September. I came back out in October and am still here with my 90 days up on 30 Dec, with still no luck with work (employers generally turn off when they hear your status).

Now fearing I won't be let back in the US for quite a while due to how much I've been here in the last 6 months my GF and I are planning on getting married on Monday. This is so we can file K-1/K-3/Green card and I can extend my stay here while the application is in process (we have an attorney who's been advising me).

I have reservations though, first we both agree we wouldn't have neccesarily got married now if it weren't for the situation and I'm anxious at how long I need to wait before I can be authorised for employment as I've already spent 6 months with no income. Plus not being able to return the UK for 4-5 months and missing out on my family Christmas, something I've never done. On the flipside though it's going to be difficult for my GF and I not seeing each other for almost another year apart (almost a year being when immigration are likely to let me back in(?)).

I know it sounds like I'm asking for advice on what I should decide but it's not, just with the wealth of experience here of all the pitfalls and so on what would be my best option. Also if there's anything with either route that is likely to cause a problem. Would it be an idea to return to the UK and apply for a K-1 for when I return? I just found out about the CR-1, how valid an option would that be?

Before anyone says, I know I've gone about this the wrong way i.e. Coming to the states before sorting anything out. So, no need to tell me.

Thanks for the time and sorry for the long post.

None of your options allows you to extend your stay here. Based on what you wrote, I'd study the K1 guides and get the petition ready to file before you return to the UK. If you really want to get married before you leave, that's fine but it won't get you reunited faster. If anything, it will take a little longer. Since working is important, you fastest way to both reunite AND be work authorized is to marry and file an I-130 for a CR1 visa.

[Beefy 0]

Thanks for the quick response. First off when I talked about extending my stay I didn't mean extending the VWP, I know you can't do that but thanks for the info anyway.

Concerning my 'intent', there's no way of actually proving that unless of course this is being recorded and/or you work for immigration then I guess I'm screwed.

So applying for a CR-1, would I be doing that from outside the states (when I return to the UK), or would I do that now? It definitely seems a far better option for me.

[pushbrk 13,067]

Thanks for the quick response. First off when I talked about extending my stay I didn't mean extending the VWP, I know you can't do that but thanks for the info anyway.

Concerning my 'intent', there's no way of actually proving that unless of course this is being recorded and/or you work for immigration then I guess I'm screwed.

So applying for a CR-1, would I be doing that from outside the states (when I return to the UK), or would I do that now? It definitely seems a far better option for me.

Please start by studying the guides. The first step is for the US Citizen to file a petition. When it is approved, you apply for a visa. Yes, you do that in London, later.

Never lie to an immigration official. A material misrepresentation can carry a lifetime ban from US entry. You have intended to immigrate on your last to VWP entries. Fortunately, you've committed no crime if you leave on time. Make sure you do so.

[Beefy 0]

So I'm kind of getting the gist I should return. The attorney seems fairly certain that provided we get all the paperwork (marriage, personal) off to Chicago in time then I can stay but can't leave, as my application is in process. Is that incorrect or just not a good way of doing it?

Thanks again for this

[YuAndDan 153]

Thanks for the quick response. First off when I talked about extending my stay I didn't mean extending the VWP, I know you can't do that but thanks for the info anyway.

Concerning my 'intent', there's no way of actually proving that unless of course this is being recorded and/or you work for immigration then I guess I'm screwed.

So applying for a CR-1, would I be doing that from outside the states (when I return to the UK), or would I do that now? It definitely seems a far better option for me.

Please start by studying the guides. The first step is for the US Citizen to file a petition. When it is approved, you apply for a visa. Yes, you do that in London, later.

Never lie to an immigration official. A material misrepresentation can carry a lifetime ban from US entry. You have intended to immigrate on your last to VWP entries. Fortunately, you've committed no crime if you leave on time. Make sure you do so.

And, yes your US Citizen Spouse can file the I-130 BEFORE you leave the USA.

[Beefy 0]

Thanks for the quick response. First off when I talked about extending my stay I didn't mean extending the VWP, I know you can't do that but thanks for the info anyway.

Concerning my 'intent', there's no way of actually proving that unless of course this is being recorded and/or you work for immigration then I guess I'm screwed.

So applying for a CR-1, would I be doing that from outside the states (when I return to the UK), or would I do that now? It definitely seems a far better option for me.

Please start by studying the guides. The first step is for the US Citizen to file a petition. When it is approved, you apply for a visa. Yes, you do that in London, later.

Never lie to an immigration official. A material misrepresentation can carry a lifetime ban from US entry. You have intended to immigrate on your last to VWP entries. Fortunately, you've committed no crime if you leave on time. Make sure you do so.

And, yes your US Citizen Spouse can file the I-130 BEFORE you leave the USA.

Would the application have to be filed before I left? Or are you saying it doesn't matter where I am when the I-130 is sent.

[canadian_wife 1,827]

I don't think it matters when the I-130 is filed but I agree with the rest, you should probably return home

good luck!

[desert_fox 32]

I don't think it matters when the I-130 is filed but I agree with the rest, you should probably return home

good luck!

...or simply stay and adjust status after marriage....if your IMMIGRATION attorney sez that this is an option.

[pushbrk 13,067]

So I'm kind of getting the gist I should return. The attorney seems fairly certain that provided we get all the paperwork (marriage, personal) off to Chicago in time then I can stay but can't leave, as my application is in process. Is that incorrect or just not a good way of doing it?

Thanks again for this

Your attorney seems to be suggesting you commit visa fraud. Not a good idea. Sending papers to Chicago AND remaining in the USA is what you would do if you were adjusting status. If they catch you in this fraud, you can be banned from the US for life. It's a risk I would not advise you to take.

[Otto 83]

Your attorney seems to be suggesting you commit visa fraud.

Id be willing to guess this attorney (and others like him/her) would never put this kind of advice in writing...

[Beefy 0]

So I'm kind of getting the gist I should return. The attorney seems fairly certain that provided we get all the paperwork (marriage, personal) off to Chicago in time then I can stay but can't leave, as my application is in process. Is that incorrect or just not a good way of doing it?

Thanks again for this

Your attorney seems to be suggesting you commit visa fraud. Not a good idea. Sending papers to Chicago AND remaining in the USA is what you would do if you were adjusting status. If they catch you in this fraud, you can be banned from the US for life. It's a risk I would not advise you to take.

I need to speak to my attorney but I'm sure she's not suggesting I do anything illegal. I will clear it up with her now I know a little more.

Have patience with me I'm learning about this but do we have to marry in order to apply for the CR-1? It implies that in the guides but I thought it was suggested here as a way to avoid marriage and do the work route.

[pushbrk 13,067]

So I'm kind of getting the gist I should return. The attorney seems fairly certain that provided we get all the paperwork (marriage, personal) off to Chicago in time then I can stay but can't leave, as my application is in process. Is that incorrect or just not a good way of doing it?

Thanks again for this

Your attorney seems to be suggesting you commit visa fraud. Not a good idea. Sending papers to Chicago AND remaining in the USA is what you would do if you were adjusting status. If they catch you in this fraud, you can be banned from the US for life. It's a risk I would not advise you to take.

I need to speak to my attorney but I'm sure she's not suggesting I do anything illegal. I will clear it up with her now I know a little more.

Have patience with me I'm learning about this but do we have to marry in order to apply for the CR-1? It implies that in the guides but I thought it was suggested here as a way to avoid marriage and do the work route.

You've been laboring under this false impression for some time. "The work route" requires an employer sponsor. You don't have one and are unlikely to get one. I think your attorney is suggesting you can get away with something that is actually illegal because many others have done so. You are the one at risk, not your attorney.

[YuAndDan 153]

Have patience with me I'm learning about this but do we have to marry in order to apply for the CR-1? It implies that in the guides but I thought it was suggested here as a way to avoid marriage and do the work route.

Yes you need to be married to apply for a CR-1, part of the evidence needed to attach to the I-130 is a copy of marriage certificate.