Can I Move to the US, Get Married, Then Stay?

[K&E2009 71]

So after reading all this I think I understand. Wait, no I don't!

My situation is this:

I am Irish

Girlfriend is American

She doesn't know it yet, but I am gonna propose to her in france in 2 weeks

We met almost 3 years ago while working in Asia

We want to move over to America in the next 2 months

She has job offers

I am planning to go with her, get married there and obtain residence

We don't want to spend any time apart

Is it possible to be engaged, not apply for the k-1 visa, get a civil union in America, and then change status, without having to leave?

[dammy1102 0]

Yes

[Inky 1,111]

Its possible but that is visa fraud.

That comes with MANY issues when you are caught. One of them is deportation and a life time ban from the USA.

[sciencenerd 56]

So after reading all this I think I understand. Wait, no I don't!

My situation is this:

I am Irish

Girlfriend is American

She doesn't know it yet, but I am gonna propose to her in france in 2 weeks

We met almost 3 years ago while working in Asia

We want to move over to America in the next 2 months

She has job offers

I am planning to go with her, get married there and obtain residence

We don't want to spend any time apart

Is it possible to be engaged, not apply for the k-1 visa, get a civil union in America, and then change status, without having to leave?

You can't do that since you're planning on immigrating using a non-immigrant visa (or visa waiver). You'll have to do either a K-1 or a CR-1 if you get married abroad. I also am curious why you used the term civil union - if you are a same-sex couple, unfortunately the U.S. will not recognize your marriage and you will not be able to immigrate. If you are straight, it is important that you get married - a few states do have separate civil unions that are open to straight people, but those are only recognized by the state and are therefore not useful for immigration. Good luck with the proposal.

[K&E2009 71]

If we got married OUTSIDE America, then went? Would that make any difference? Could I get an AOS when I get there?

[Inky 1,111]

If we got married OUTSIDE America, then went? Would that make any difference? Could I get an AOS when I get there?

Visa Fraud again.

[K&E2009 71]

Sorry, to clear it up... By 'civil union' I mean getting married in a court house and being man and wife in the eyes of the law. Sorry, had the wrong terminology!

So she would have to file something for me. Cr1?? Is that right? Can I be in America while she does this?

[Inky 1,111]

Sorry, to clear it up... By 'civil union' I mean getting married in a court house and being man and wife in the eyes of the law. Sorry, had the wrong terminology!

So she would have to file something for me. Cr1?? Is that right? Can I be in America while she does this?

You can come to america and get married, then she can file the CR-1 you can stay on VWP or as a visitor but you have to return before your visitor status will expire. You cannot over stay your time. You certainly can visit back and forth during the process.

When the CR-1 is approved (around 5 months ish) you must be in your home country to collect documents and have a medical and interview to get the visa.

[JimVaPhuong 4,863]

You can come to america and get married, then she can file the CR-1 you can stay on VWP or as a visitor but you have to return before your visitor status will expire. You cannot over stay your time. You certainly can visit back and forth during the process.

When the CR-1 is approved (around 5 months ish) you must be in your home country to collect documents and have a medical and interview to get the visa.

+1

Besides being the proper and legal way, this method also has the advantage that you'll get a green card within a few weeks of entering the US. You won't have to go to an AOS interview. It's also less expensive.

[K&E2009 71]

So after 5 months -ish, I will be approved. I get my medical and have my interview at home. Then? Can I go straight to America then? How about my work status in America? Should we get a lawyer to ensure this goes smoothly?

[benjamin10 0]

me and my husband wanted to the same thing since i was pregnant. Unfortunately if you go there and get married. they get suspicious and if they do you could be denied. once you have your visa in hand you shouldn't have a problem moving to the states. lawyers are a waste of money pretty much if you need to know anything you can post on here.

[raymaga 25]

You do not need a lawyer.... most of us here on VJ have gone through the process on our own. You should read the "Guides" and "Visa FAQ's" sections at the top of the page here on VJ. They will answer all your questions and give you all your options, whether it be K-1 or CR-1, IR-1, etc.

Good luck with your journey!!!!

[JimVaPhuong 4,863]

So after 5 months -ish, I will be approved. I get my medical and have my interview at home. Then? Can I go straight to America then? How about my work status in America? Should we get a lawyer to ensure this goes smoothly?

Yep, more or less. The petition will be approved in about 5 months. Then the petition will go to the National Visa Center for some additional processing. After that, it will be sent to the US consulate in your home country, and you'll be scheduled for an interview. You get the medical completed, gather up all of the documents needed for the interview, and go to the consulate. After you're approved they'll put the visa in your passport. You can come to the US anytime after that. You'll be entering the US as an immigrant, which means you get a green card automatically. The green card is also permission to work in the US.

The petition process is described here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

The process at the National Visa Center is described here:

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

The process is reasonably straightforward, albeit severely bureaucratic. If you don't have any criminal history or past problems with US immigration then you shouldn't need a lawyer. Just be ready to study what you need to do, read the instructions for every form carefully, and follow the instructions you get from the consulate. You shouldn't need an attorney.

[BlueBonnet 84]

I think the thing that immigration really looks at is intent.

Lets say, I come on VWP and plan to cross the country packpacking for 6 months ... that is my intent. But whoops, I meet a fabulous man on month 2, we packpack together for a couple months, we fall in love, and on a whim decide to marry. Yep you can do that. The intent when crossing the border was to experience life, not to marry an American.

On the other hand, lets say I have a man waiting for me, I want to travel to see him for a week, I go, I marry, I stay. Now you have to prove to the US government that that wasnt your intent when you crossed the border. How are you going to do that ? Lie ? Lying to the US government, any government is fraud.

Its not what you do that really matters, its what are you intentions at the time.

As I learned the procedures here. When ever I went to fly to Texas to see my (then fiance) I would take 3 months bank statements - to prove that I paid a morgage & house bills. That they were current and still in effect. I would take court orders and emails between my ex and I showing the custody agreement, and the emails would reflect my time to get the kids back. I would take a letter of employment stated when I was expected back to work. I over due things like that, but I would rather be over prepaired than rejected. But when I did cross over, all the border guard would ask is, Do you have a job ? Can I see your return ticket ?

[katiemanny 64]

Is it possible to do what you're asking for, but its illegal as far as I know to do such thing, and no VJ members here should encourage such way to immigrate to the US. The proper way would be to get married and file for a Spouse visa outside of the US.

Edited June 7, 2011 by katiemanny