Basic Questions

[Jaquelyn 0]

Hello,

I am new to the site and have been very impressed with the helpful information I have gathered so far. I know that my questions below have probably been answered elsewhere, so if you just want to point me in the right direction, I understand. Thank you!

My boyfriend is a UK citizen living in London. I am an American citizen (by birth) living in San Diego, CA. I am hoping that on his next visit to the US or the one after that, we can get married here and start our life together. I am currently in the process of gathering information about the complicated immigration process. Below are my questions.

REGARDING LEGAL ADVICE

1.) What evidence will we need to provide as proof of our relationship? We have proof of several trips to see each other as well as e-mails, phone records, and photos, but since we have not yet married and have not yet lived together we do not share any bank accounts or expenses (like a mortgage). My boyfriend has wired me money through Western Union. Would this be considered a financial tie? Should I start adding his name to items here, like my lease and bank account? Would that be helpful?

2.) When we do apply for his permanent residence, should we also file an I-131 in case he needs to travel back to the UK for any reason?

3.) My boyfriend was born in Afghanistan, and does not have his original birth certificate, and it may be difficult to get a copy. Will this pose a problem? Will his passport and UK Driver’s License be enough to prove his identity?

4.) What would be the average cost in San Diego, CA for a lawyer to process an adjustment of status and employment authorization? If anyone has done this, can you please recommend a law firm? I have received quotes from $2,500- $10,00.

5.) Once we apply for his adjustment of status, is he able to stay in the US until his application is approved?

REGARDING AFFIDAVIT OF SUPPORT

1.) Is the 125% above poverty income requirement considered before or after taxes? After taxes, I make about $19,000 a year. Is this enough income for a family of 2? I

2.) If my income doesn’t qualify, could another family member be a co-sponsor? His sister, mother, and several cousins also live here in the US.

Any advice and information is greatly appreciated. Thank you for your help.

--Jaquelyn

[HeatDeath 430]

Hello,

I am new to the site and have been very impressed with the helpful information I have gathered so far. I know that my questions below have probably been answered elsewhere, so if you just want to point me in the right direction, I understand. Thank you!

My boyfriend is a UK citizen living in London. I am an American citizen (by birth) living in San Diego, CA. I am hoping that on his next visit to the US or the one after that, we can get married here and start our life together. I am currently in the process of gathering information about the complicated immigration process. Below are my questions.

REGARDING LEGAL ADVICE

1.) What evidence will we need to provide as proof of our relationship? We have proof of several trips to see each other as well as e-mails, phone records, and photos, but since we have not yet married and have not yet lived together we do not share any bank accounts or expenses (like a mortgage). My boyfriend has wired me money through Western Union. Would this be considered a financial tie? Should I start adding his name to items here, like my lease and bank account? Would that be helpful?

2.) When we do apply for his permanent residence, should we also file an I-131 in case he needs to travel back to the UK for any reason?

3.) My boyfriend was born in Afghanistan, and does not have his original birth certificate, and it may be difficult to get a copy. Will this pose a problem? Will his passport and UK Driver’s License be enough to prove his identity?

4.) What would be the average cost in San Diego, CA for a lawyer to process an adjustment of status and employment authorization? If anyone has done this, can you please recommend a law firm? I have received quotes from $2,500- $10,00.

5.) Once we apply for his adjustment of status, is he able to stay in the US until his application is approved?

REGARDING AFFIDAVIT OF SUPPORT

1.) Is the 125% above poverty income requirement considered before or after taxes? After taxes, I make about $19,000 a year. Is this enough income for a family of 2? I

2.) If my income doesn’t qualify, could another family member be a co-sponsor? His sister, mother, and several cousins also live here in the US.

Any advice and information is greatly appreciated. Thank you for your help.

--Jaquelyn

1. Emails and phone records are good. Photos are better. Boarding passes from flights you took to visit each other are the best. We also included some ticket stubs from movies we saw together in ours. Him wiring you money could possibly be interpreted by a hostile consular officer as him trying to buy a green card. I wouldn't include that. Don't add him to things yet. You won't need to do that until after you're married. doing it now could give the impression that you're already married, which would be bad - married people can't get fiance visas - they have to get spousal visas.

2. Yes. After he has entered the US ona fiance visa and married you, he will need to file 3 forms: an I-485 to apply for the green card, an I-765 to apply for an interim (until the GC is approved) work permit, and an I-131 to apply for an interim (until the GC is approved) travel document. The AP document you get with the I-131 is free when filed with an I-485 and is a very good thing to have, in case of an emergency.

3. The consulates do allow for the possibility that a birth certificate from a war-torn country may be difficult or impossible to get ahold of. Since he is a UK citizen, it shouldn't be a showstopper.

4. No idea. But most normal cases do not normally need a lawyer, the vast majority of the time. If the only weirdness in your case is the missing birth certificate, you should be ok without one.

5. Yes, One you apply for AOS, you can stay inthe US until the case is adjudicated, one way or the other. The receipt from the I-485 is used as a temporary status document in this case.

1. I'm pretty sure it's before. I haven't read the 2010 guidelines, but the 2009 minimum for a household of 2 was ~17000, so you're probably ok. Hunt up the guidelines though to double check.

2. The cosponsor has to be a US citizen, I think, and [opinion] it will look probably better to the London consulate if the cosponsor is one of your relatives than one of his. Be aware that if you met him through one of his relatives that is already here, that may also be seen as a potential red flag that he may have to overcome at the interview. They may suspect that your relationship is less than bonafide an he'll just have to be pretty convincing that it is. That being the case it might be a good idea to put a whole bunch of relationship evidence in the initial petition, not so much for the petition itself but to ensure that it gets taken into proper consideration at the consulate. Do a search here for the term "frontloading" for more information.

[Rob and Jill 82]

My boyfriend is a UK citizen living in London. I am an American citizen (by birth) living in San Diego, CA. I am hoping that on his next visit to the US or the one after that, we can get married here and start our life together. I am currently in the process of gathering information about the complicated immigration process. Below are my questions.

Just to clarify are you planning on filing for a fiance visa or for him just to come over and you get married while he is visiting?

If you are planning on his visiting on a VWP and getting married the process is much different than what I think you have in mind. If you could clarify it would help us give you a better answer.

[Jaquelyn 0]

Just to clarify are you planning on filing for a fiance visa or for him just to come over and you get married while he is visiting?

If you are planning on his visiting on a VWP and getting married the process is much different than what I think you have in mind. If you could clarify it would help us give you a better answer.

Hi,

I actually haven't made that decision yet. I have heard that the fiancee visa process can take a long time and is more expensive. However, I have also been informed that if we do marry while he is here on a VWP that it could look like fraudulent entry. One lawyer I spoke with told me that, as long as we marry at least 60 days after he arrives in the US, it would most likely not be considered fraudulent entry. Any earlier, and it could look that way. I suppose I am seeking answers for both ways (entering as a visitor, then getting married, or entering through a fiancee visa).

[JimVaPhuong 4,863]

Hi,

I actually haven't made that decision yet. I have heard that the fiancee visa process can take a long time and is more expensive. However, I have also been informed that if we do marry while he is here on a VWP that it could look like fraudulent entry. One lawyer I spoke with told me that, as long as we marry at least 60 days after he arrives in the US, it would most likely not be considered fraudulent entry. Any earlier, and it could look that way. I suppose I am seeking answers for both ways (entering as a visitor, then getting married, or entering through a fiancee visa).

The lawyer was talking about the 30/60/90 day rule. It has nothing to do with fraudulent marriage, and everything to do with preconceived intent. It is a violation of immigration law to use a non-immigrant entry pass with intention of immigrating. In other words, if you enter the United States with a non-immigrant entry pass (visa or VWP, for example), and you know at the time you entered that you intend to attempt to adjust status and become an immigrant, then you've broken the law.

At one time, there was guidance in the Adjudicators Field Manual (used by USCIS adjudicators) that someone who married within 30 days of entry should be presumed to have preconceived intent. The presumption became a suspicion between 30 and 60 days. The suspicion became a possibility they should look for evidence of between 60 and 90 days. Beyond 90 days it was supposed to be assumed there was no preconceived intent. This rule effectively vanished as a result of some changes in the Immigration and Naturalization Act in 1996, and some subsequent Board of Immigration Appeals rulings, but many attorneys still presume it's being applied unofficially.

Preconceived intent is a strong negative factor. Being the immediate relative of a US citizen is a strong positive factor. Normally, that one positive factor outweighs that one negative factor, and the AOS would be granted in spite of the preconceived intent. Your case would not be normal, though...

Someone who enters on the VWP waives any right to appeal any decision by any immigration officer in the US. This means that a USCIS adjudicator can deny his AOS and he would have no right to appeal the decision. No executive review, no hearing in front of an immigration judge, no Board of Immigration Appeals. Nothing. What he'll get instead is a notice of intent to begin removal proceedings, and a very short amount of time to pack his bags and leave before they start deportation. Because of the "no contest" clause, VWP entrants are denied AOS more frequently than people who enter with a visa.

What's more, if he has accumulated any overstay at the time his AOS application is received then USCIS could simply refuse to adjudicate the AOS application, and immediately place him in removal proceedings. According to at least one attorney, about half of the USCIS offices are now doing this based on recent appeals court decisions. You're talking about marrying after 60 days. His VWP entry expires after 90 days. This would give you only 30 days to complete the preparation for the AOS submission, and get USCIS to accept the application. Some people are finding it difficult to even get the civil surgeon medical report finished in that amount of time.

You can't plan to have him enter as a visitor, marry, and then adjust status. That's preconceived intent, and obviously not legal. If you should happen to decide to marry after he arrived, and then attempt to adjust status, then you're taking a risk that it could be denied. The risk is substantially higher if he entered on the VWP, and even higher if his status has expired by the time USCIS accepts the AOS application.

You know you're going to get married. Take your time and do it the right way. A K1 or CR1 visa doesn't have the same sort of risk that adjusting status while visiting the US has.

[Anh map 2,098]

You have asked your question here on a forum (Visa Journey) that focuses on legal immigration to the US. As Jim outlined planning on your fiance to enter through VWP with the intention to marry and remain in the US to adjust status is not the legal way. There are risks.

Many people do exactly as you outline and are successful, others are not. Do the research to determine the course of action that you are both comfortable with.

Best of luck.

[Rob and Jill 82]

Hi,

I actually haven't made that decision yet. I have heard that the fiancee visa process can take a long time and is more expensive. However, I have also been informed that if we do marry while he is here on a VWP that it could look like fraudulent entry. One lawyer I spoke with told me that, as long as we marry at least 60 days after he arrives in the US, it would most likely not be considered fraudulent entry. Any earlier, and it could look that way. I suppose I am seeking answers for both ways (entering as a visitor, then getting married, or entering through a fiancee visa).

Jim is giving you the most solid advice. I would follow it and do it the right way. You would hate to have him get here and find out later that they are cracking down even more on preconcieved entry than they used to, or make a miniscule mistake and get denied completely. No matter how you legally do this, it is going to take some time, but on the bright side, doing everything 100% the legal way gives you the comfort of mind that you two can be together safely without risk of losing him so soon after getting him here!

The good news is, you can both still travel during the visa process, so while the wait is frustrating, it's not insanely long (especially if you filed SOON they are pumping out petitions left and right at the moment), and you'll have a solid peace of mind.

[Nik+Heather 121]

There's lots of good advice above. Whether you go for the K-1 or get married on the next visit and then file for the CR-1 visa (he leaves the US and goes to his visa interview in London), please read up on some interview reviews through London regarding people's experiences when the visa applicant is not born in the UK. I would recommend that although he may have gone to the UK at quite a young age, he should prepare for his interview (and you should prepare the petition packet) with the same vigor as one going through the Afghanistan or Pakistan (they process Afghanistan visas too) consulate.

This may not be such good news on the documents: http://travel.state.gov/visa/fees/fees_4881.html?cid=3493#docs Basically unavailable or unreliable. It means you probably don't have to work so hard at trying to get them (guess that's good news), but could mean many weeks in AP while they check him out.

[VanessaTony 3,567]

As stated what you're planning is illegal. It is against Immigration Laws to INTEND (as you are here) to enter the US for the sole purpose of marrying a USC and AOSing when you do not have the appropriate visa to do so (a K1). It is also against the VJ terms of service to assist you to violate immigration laws.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location as you have not yet decided on your immigration path**

[Justine+David 218]

Would like to add that you guys CAN get married here in the states. He just cannot adjust status and would just have to leave at the end of the 90 days

I wouldn't try to trick US immigration because they can be a tough customer and they hold all the cards. Keep in mind that the US government is allowing you to have your future hubby to come here to the US a privilege. It's not a right. Plus...it's illegal to do what you're suggesting.