Getting married under VWP while K1 is pending???

[C Med 14]

I would wait. You're nearly halfway through the K1 visa. Don't take the risk. You can wait a few more months to be here with him again, or run the risk of being banned from the US for a minimum of 10 years. I know it's hard to be apart...we ALL know but at this point, you may as well play by the rules. Good luck.

[robbarb 0]

I would be very careful about marrying whilst in the states under the VWP. My fiance was here (in the US) with me two times under the VWP in the past 6 months, first visit 28 days and second 87 days....he came here to be with me since I had surgery for newly diaognosed cancer. He was to have returned for a 3rd trip to assist since I was returning to work full time. We hadn't done our K-1 app yet....we saw an atty during one of his visits and the atty said we could marry and do a spouse visa (CR1 I think)... my fiance was laid off his job that allowed him this time but after making his way here on this 3rd trip Customs & Border Protection refused him entry declaring he was abusing the VWP...I couldn't believe it!!! He came to help me being diaognosed with cancer and having a major surgery. Our previous visits to each others countries over the past couple yearsprior to this illness situation were all under the VWP and no more than 2 weeks at a time.

He has never been here more than the 90 days, always had a return ticket, but still was refused entry. Now in addition to the K1 we will also have to get a waiver (an additional $650 and possible 6 more months of processing - at least that's what I've been told). When he came through Customs, the agent knew him from his previous visits and asked him how we were coping with my cancer, my fiance told him we were doing alright...then the agent asked what are our plans, putting words in my fiances mouth (" you going to get married? "..my fiance said yes, then the agent asked, "you going to change your status and get a green card?" and my fiance said yes knowing that would be the process eventually)...at that point the agent turned very aggressive and mean ... took him to another interview room and three separate agents interogated him, treated him like a downright criminal....this was after an 8 hour plan trip! The interogation went on for 3 hours, and in the end that evening we never even got to see each other. They let him make one phone call to me as I waited at the airport, they told him not to make a scene and he called me to say he was refused entry and can't ever enter US again without a visa. So be careful when using the VWP! We are devestated over this whole thing. I'm now going through treatment and he was to have been with me but the US government wouldn't allow that...to them it is abusing the VWP!!! If one is refused entry under the VWP there is no appeal either. So be careful what you do when usijng VWP...

[newlyweds2010 208]

Is it worth risking to screw everything up at this point? See it this way: you have already paid the K-1 fee, you got NOA1 in January meaning that NOA2 will arrive very soon, from there everything moves very fast, and AOS is (generally) a breeze. You would just have to wait a couple of extra months and go back to France for a little bit, but at this point I wouldn't mess things up. Although it's not illegal to marry on the VWP, I suspect that your AOS interview wouldn't really be a pice of cake, should you decide to stay and adjust from there. Just my two cents.

[newlyweds2010 208]

First, I do not want to advise on what to do, but I want to outline what we're dealing here with.

1) No, they do not have to prove that they did not intend to get married. Aside from the fact that a negative can't be proven, intend is not being made an issue of. More to the point, why would they have gone though the hassle of a K-1 petition, if they had intent to get married an file for AOS? Really, this is a non-issue.

2) The K-1 travels to the US, gets married, files for AOS. Sucks to begin with, as it involves AOS.

The VWP travels to the US, gets married, files for AOS. Sucks equally, because AOS is involved.

What would make sense, or would have made sense, is to get married, then to return and file for a CR-1. No AOS, no $1,070 in cost, no waiting for EAD or AP, or for a driver's license, or a SSN . . . free sailing from day one.

Well, at this point that would be crazy. If the O.P. can get this done in a timely manner, meaning to get their AOS out and accepted before the I-94W expires, it's probably a viable option.

So what would she "save?" At best one round tip ticket, but probably nothing, as she didn't intend to stay, meaning she would have to return to France to wrap things up anyway.

Decisions, decisions . . .

you would be right if we lived in a perfect world. But all of the following could happen:

1. at the interview the officer decides that the whole story is fishy, and denies AOS. Now what?

2. at the interview the officer believes that they have a valid relationship, but thinks that she came on the VWP just because she didn't want to wait for the visa to be processed, and denies AOS. Now what?

3. at the interview the officer checks her POE records and sees that she declared that she didn't intend to get married, and now here we are. On top of that, the officer also finds out that there was a K-1 petition pending when she came, filed by her now husband. As a consequence, the officer denies AOS. Now what?

At this point, the difference is really a roundtrip to france: is the risk worth a few hundred bucks? I might be too cautious, but I would stick to the K-1.

[Ryan H 3,812]

OP: IMO, you should let the K1 process run its course.

[Daniel&Theary 30]

It can be done but like most people are telling you finish the K1 process, to much can go wrong if you marry and file for a AOS. My ex wife and I were able to do it when she was here on a visitors visa but we (or atleast I) did not intend to marry when she came for a visit and we had not filed a K1. You have already paid the filing fee and you are maybe 3 to 4 months away I would suggest waiting.

[pushbrk 12,898]

First, I do not want to advise on what to do, but I want to outline what we're dealing here with.

1) No, they do not have to prove that they did not intend to get married. Aside from the fact that a negative can't be proven, intend is not being made an issue of. More to the point, why would they have gone though the hassle of a K-1 petition, if they had intent to get married an file for AOS? Really, this is a non-issue.

I just want to comment on this. They don't have to prove they did not intend to get married. Getting married isn't against the law. They also don't have to "prove they didn't intend (upon entry) to marry and adjust status". The thing that they need to be certain of is that no lies were told at the port of entry. Intent can change after entry, so a changed intent, doesn't constitute a lie. If generic questions were asked and truthfully answered, no misrepresentation problem.

Yes, people do this successfully quite often because changing circumstances and changing intent are common. People also run into problems with this pretty often too, for various reasons. If the person advising them understands ALL the applicable circumstances including the need (particularly in California currently) to get the AOS filed and accepted before the 90 days is up and the couple is confident all these issues have been addressed, then I would certainly consider the attorney's advice. Otherwise, not so much.

[payxibka 10,045]

Not so much a K-1 issue but a general issue that happens to include a I-129F filing... moving thread

[Indy90 21]

Most lawyers want money and don't really care about what happens to the people involved.

Correction-most lawyers care very much about their clients and go out of their way to help them. There are lawyers that scam their clients for sure, but often times the client should have done more research before hiring a lawyer. What do other people say about the lawyer, do they specialize in whatever legal issue you have questions about, where did they go to school, did you check with the state bar association to see if they have ever been suspended/disciplined, do they actually promise you outcomes (they usually should not), etc? Those are some of the questions you should ask.

I have many friends who are lawyers and frequently way undercharge/ spend ridiculous hours/ etc. etc. because they truly want to help their clients. Of course most of them have marital problems themselves because of this.

[Emi&Emi 0]

I was exactly in the same situation as you are, a couple of lawyers advised us to get married while i was on WVP but we didn't want to take the risk as at that point we had already sent our I-129, and we also didn't like to idea of being pushed around by the lawyers. So just came back to italy and stayed 3 months there before i got my VISA. It was kind of annoying to have to go back but now the AOS process is going smoothly and we have nothing to worry about.

Edited May 7, 2011 by Emi&Emi

[newlyweds2010 208]

I was exactly in the same situation as you are, a couple of lawyers advised us to get married while i was on WVP but we didn't want to take the risk as at that point we had already sent our I-129, and we also didn't like to idea of being pushed around by the lawyers. So just came back to italy and stayed 3 months there before i got my VISA. It was kind of annoying to have to go back but now the AOS process is going smoothly and we have nothing to worry about.

[VanessaTony 3,567]

The lawyer is right. You can AOS right here and now but there's a couple of things to take into account.

1. The K1 fee is lost. You need to pay for an I-130 when you apply for AOS, you'll need to pay for a medical in the US which from people's reports is more expensive than doing it at home. So in order to AOS safely you're looking at spending $1070 (AOS) + $420 (I-130) + medical ($400+) for a total of $1890 before your I-94 expires.

2. If you were to stay till the end of your stay and then return home (still engaged and not married) you can organise all your stuff to take/ship over. You can continue to work and save money while you wait for the K1 to process. You still need a medical, and you'll still need to AOS when you eventually get to the US but you don't have that looming deadline of the I-94 date

I'll be honest though you "decided" to see an immigration lawyer? Why? You had a K1 processing so it's obvious you had plans to marry and AOS before you saw the lawyer, or at least heard about it, or considered it, or wanted to see what your options were before you left. I know you say you didn't but there is no reason to see an immigration lawyer unless you had plans for something and wanted advice.

I don't see trying to AOS whilst having a K1 as being an issue personally, but I do see it as risky because of the deadline and no appeal, and more expensive because you'll pay the higher medical fees and the I-130 fee here in the US.

Completely up to you what you want to do. Stay and AOS or leave and finish the K1. I think the K1 is safer but the AOS is still possible.

[Myopia 93]

I would be very careful about marrying whilst in the states under the VWP. My fiance was here (in the US) with me two times under the VWP in the past 6 months, first visit 28 days and second 87 days....he came here to be with me since I had surgery for newly diaognosed cancer. He was to have returned for a 3rd trip to assist since I was returning to work full time. We hadn't done our K-1 app yet....we saw an atty during one of his visits and the atty said we could marry and do a spouse visa (CR1 I think)... my fiance was laid off his job that allowed him this time but after making his way here on this 3rd trip Customs & Border Protection refused him entry declaring he was abusing the VWP...I couldn't believe it!!! He came to help me being diaognosed with cancer and having a major surgery. Our previous visits to each others countries over the past couple yearsprior to this illness situation were all under the VWP and no more than 2 weeks at a time.

He has never been here more than the 90 days, always had a return ticket, but still was refused entry. Now in addition to the K1 we will also have to get a waiver (an additional $650 and possible 6 more months of processing - at least that's what I've been told). When he came through Customs, the agent knew him from his previous visits and asked him how we were coping with my cancer, my fiance told him we were doing alright...then the agent asked what are our plans, putting words in my fiances mouth (" you going to get married? "..my fiance said yes, then the agent asked, "you going to change your status and get a green card?" and my fiance said yes knowing that would be the process eventually)...at that point the agent turned very aggressive and mean ... took him to another interview room and three separate agents interogated him, treated him like a downright criminal....this was after an 8 hour plan trip! The interogation went on for 3 hours, and in the end that evening we never even got to see each other. They let him make one phone call to me as I waited at the airport, they told him not to make a scene and he called me to say he was refused entry and can't ever enter US again without a visa. So be careful when using the VWP! We are devestated over this whole thing. I'm now going through treatment and he was to have been with me but the US government wouldn't allow that...to them it is abusing the VWP!!! If one is refused entry under the VWP there is no appeal either. So be careful what you do when usijng VWP...

Your situation is totally different from the OP's. Your fiancee basically made statements that caused the IO to believe that he was going to marry you while in the US and adjust status. That is a no no. The fact that he travelled on the Visa Waiver Program and stayed for 4 months within a 6 month period was a flag too, not to mention that he came a third time. He had no job and no reason to stay in his home country especially with your illness.

I do not believe that he will need a waiver. Did they stamp anything in his passport?

I hope you are doing well with treatment.

[JAYKE 0]

I would be very careful about marrying whilst in the states under the VWP. My fiance was here (in the US) with me two times under the VWP in the past 6 months, first visit 28 days and second 87 days....

He has never been here more than the 90 days, always had a return ticket, but still was refused entry. So be careful when using the VWP! We are devestated over this whole thing. I'm now going through treatment and he was to have been with me but the US government wouldn't allow that...to them it is abusing the VWP!!! If one is refused entry under the VWP there is no appeal either. So be careful what you do when usijng VWP...

I'm sorry you are dealing with so much, but I can clearly understand the officer's concern that your fiance may have had intent to immigrate... he himself stated he did. The fact that he didn't have a job to return to, and that he spent the majority of the past six months in the United States clearly sealed the deal. When my ex-husband came over here (often) on VWP, I made sure he had recent paystubs, letter from his boss indicating his expected date back to work, his lease for his flat, return ticket, and printed bank balance statement from the day he left showing his accounts were still open in his home country, and a letter from the person who was taking care of his cat, indicating the date he was supposed to pick the animal back up. He was pulled into secondary interview one time, and was pretty intensely interrogated. However, because he had the correct paperwork and answered the questions honestly (it's a visit and we aren't getting married), they allowed him through. We did, after this episode, consider applying for a visa for his next visit. Keep in mind, though, he still could have been denied under the exact same "intent to immigrate"... only difference is he could sit in a cell for a few days and appeal it. We decided IF he was denied entry, the appeal process would not be worth it, and tried our luck with VWP again, armed with our documentation. He got a stare down going through the booth, but was not called to the back.

Denied entry doesn't automatically require a waiver - he wasn't deported. He simply will have to get a visa like the vast majority of non-citizens entering the country.

Edited May 9, 2011 by JAYKE

[JAYKE 0]

As for the OP, you can marry now. If you can file the AOS before your 90 days, you will avoid the new denial issue. Intent won't be an issue; you've already paid to start the K1. Your INTENT was to complete THAT.

HOWEVER, the BIGGEST drawback, in my opinion, is you are unable to leave the country to tie up loose ends for much longer than you may want. If you have a lot of things to close up at home, it will take some time to request what is called Advanced Parole. If you DON'T request this, you either need to wait until the entire AOS process is complete to leave the country or will for a certainty, be denied entry back into the country, THEN need to file the CR-1 application (which adds much more expense and time away from your spouse) and wait it out in France.