A potential K-3 Question

[Arnold 0]

Dear All,

Have been re-directed to post on this particular forum.

My fiance is a US citizen, and I am over here on a visa waiver.We recently became engaged, and have been looking at our options in regards to marriage. I'm due to return to the UK in a week, and we've considered having a civil ceremony here before I leave.

I spoke to the relevant government department on the phone, and apparently as long as I enter the US legally (which I believe is via the visa waiver) I can marry, then we would file for forms I-130 & I-145, and thus would begin the process of getting my paperwork processed.That would be option one.

Option Two would be for me to return as we'd planned in 8 weeks and have the civil ceremony then, a contributor to the board pointed out that issues regarding visa fraud could arise, if the ins felt that I'd entered with the intent to marry.

Am I on the right tracks with this? (obviously not asking you for legal advice per say, just advice!)

Thanks,

A

[Euro 3]

Dear All,

Have been re-directed to post on this particular forum.

My fiance is a US citizen, and I am over here on a visa waiver.We recently became engaged, and have been looking at our options in regards to marriage. I'm due to return to the UK in a week, and we've considered having a civil ceremony here before I leave.

I spoke to the relevant government department on the phone, and apparently as long as I enter the US legally (which I believe is via the visa waiver) I can marry, then we would file for forms I-130 & I-145, and thus would begin the process of getting my paperwork processed.That would be option one.

Option Two would be for me to return as we'd planned in 8 weeks and have the civil ceremony then, a contributor to the board pointed out that issues regarding visa fraud could arise, if the ins felt that I'd entered with the intent to marry.

Am I on the right tracks with this? (obviously not asking you for legal advice per say, just advice!)

Thanks,

A

read this.............

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Arnold 0]

read this.............

http://www.visajourney.com/forums/index.ph...page=i130guide2

Euro,

Thanks for the link.

I am able to prove that I entered into the US to interview for 2 jobs, certainly via correspondence. Would this be satisfactory proof to the powers that be my intention upon arrival in the US was not for marriage purposes?

Thanks,

A

[Reba 2]

if you came to the Us on a visa waiver and then interviewed for jobs here, that would say to them that you had immigrant intent, which is not the purpose of the visa waiver.

If you want to get married now and return to the UK and apply for a K3/CR1 you can do that. Or you can get married and stay and file for AOS. However with the second choice you can't work until you get EAD which will be a few months, and you may not be able to leave the US to go visit the UK until you have your green card. Which could take several months or years depending on where you are.

[Arnold 0]

if you came to the Us on a visa waiver and then interviewed for jobs here, that would say to them that you had immigrant intent, which is not the purpose of the visa waiver.

If you want to get married now and return to the UK and apply for a K3/CR1 you can do that. Or you can get married and stay and file for AOS. However with the second choice you can't work until you get EAD which will be a few months, and you may not be able to leave the US to go visit the UK until you have your green card. Which could take several months or years depending on where you are.

Reba,

Thank you for your reply.

Would the fact that I entered the US on the visa waiver, and got married be a mark against me when appling for the K3 visa?

Also,I'm guessing the K3 visa can be applied for with me in the UK (obviously after the marriage)

Many Thanks,

A

[gwenneh 7]

Reba,

Thank you for your reply.

Would the fact that I entered the US on the visa waiver, and got married be a mark against me when appling for the K3 visa?

Also,I'm guessing the K3 visa can be applied for with me in the UK (obviously after the marriage)

Many Thanks,

A

Getting married in the US on VWP is fine as long as you go home at the end like any other visitor. It's if you stay and try to do AOS directly where problems arise-particularly if you've been scouting for jobs, which is a high mark of obvious immigrant intent (and enough to get yiou turned away at the POE-the VWP is for visiting *only* and they take that VERY seriously!)

The K3 can be applied for with you in the UK or while you are here for the visit for marriage purposes. Sometimes the latter is easier so that you can fill in paperwork *with* your spouse. If you enter on the VWP, get married, and apply for the K-3 you still have to go home at the end of the 90 days as per the VWP's rules.

[Arnold 0]

Getting married in the US on VWP is fine as long as you go home at the end like any other visitor. It's if you stay and try to do AOS directly where problems arise-particularly if you've been scouting for jobs, which is a high mark of obvious immigrant intent (and enough to get yiou turned away at the POE-the VWP is for visiting *only* and they take that VERY seriously!)

The K3 can be applied for with you in the UK or while you are here for the visit for marriage purposes. Sometimes the latter is easier so that you can fill in paperwork *with* your spouse. If you enter on the VWP, get married, and apply for the K-3 you still have to go home at the end of the 90 days as per the VWP's rules

.

Yes I'm due to go home next week, so that won't change. However, to be sure I'm going to talk with an immigration lawyer on monday.

Regards scouting for jobs, I've always been under the impression this is a grey area. I've been to the US countless times on business and have been here on a visa waiver, as per the firms legal advice (rightly or wrongly-probably because they don't want to/is little point in getting a work visa for 2 weeks/2 month period)

Thanks for your help,

Best Regards,

A

[Reba 2]

it is not a grey area at all. If one is going to work in the US you are required by law to have the appropriate work permit. Even if you're just here for a week or 2 once or twice a year. I know, BTDT, and the company I worked for at the time had an unwritten policy to not get employees work permits until they'd already been denied entry at the border for not having a work permit. Not very good business practice and not very good customer service.

[Yodrak 7]

Arnold,

This is something that you should discuss in a consultation with an immigration attorney who has experience with adjustment from visitor status. The attorney will be able to sort out the relvant facts and help you make a decision.

Should you decide to marry, stay, and attempt to adjust status I would retain the attorney to work with you. How you present your the facts of the case is as important as the facts themselves, and attornies are trained and experienced in that.

Yodrak

Dear All,

Have been re-directed to post on this particular forum.

My fiance is a US citizen, and I am over here on a visa waiver.We recently became engaged, and have been looking at our options in regards to marriage. I'm due to return to the UK in a week, and we've considered having a civil ceremony here before I leave.

I spoke to the relevant government department on the phone, and apparently as long as I enter the US legally (which I believe is via the visa waiver) I can marry, then we would file for forms I-130 & I-145, and thus would begin the process of getting my paperwork processed.That would be option one.

Option Two would be for me to return as we'd planned in 8 weeks and have the civil ceremony then, a contributor to the board pointed out that issues regarding visa fraud could arise, if the ins felt that I'd entered with the intent to marry.

Am I on the right tracks with this? (obviously not asking you for legal advice per say, just advice!)

Thanks,

A

[Arnold 0]

it is not a grey area at all. If one is going to work in the US you are required by law to have the appropriate work permit. Even if you're just here for a week or 2 once or twice a year. I know, BTDT, and the company I worked for at the time had an unwritten policy to not get employees work permits until they'd already been denied entry at the border for not having a work permit. Not very good business practice and not very good customer service.

We'd tick the 'business' box on the waiver form, and go from there.

Sadly, that's the nature of big business! (at least when it comes to paperwork)

Arnold,

This is something that you should discuss in a consultation with an immigration attorney who has experience with adjustment from visitor status. The attorney will be able to sort out the relvant facts and help you make a decision.

Should you decide to marry, stay, and attempt to adjust status I would retain the attorney to work with you. How you present your the facts of the case is as important as the facts themselves, and attornies are trained and experienced in that.

Yodrak

Yodrak- thank you for the advice, consulting with one first thing tomorow morning,

Best Regards,

A