Should we get married on Friday?

[farmersdaughter 0]

My boyfriend is currently over in the US. After discovering that marriage will be our only chance of getting him over here forever, we both don't want to wait. I have a few questions.

1. Is this the best thing to do or would it be better to go home and do the fiance visa?

2. Would he be able to travel (he has a visa waiver) once we've applied for the fiance visa (if we went that route)?

3. If we got married on Friday and filed for the K-3, would he be able to travel to the US whilst waiting for the approval (he would still have residence and return ticket home)?

4. Regardless of which way we go, will we still have to file for permission to work?

5. How long is the K-3 currently running? 9 months is the latest, but this conflicts with another area on the site that says 6 months.

6. We had no intentions to get married on his latest trip over, but if we did, is this visa fraud? In my eyes, it's just what we need to do to start the process.

Any help is greatly appreciated.

[Little_My 464]

If he came to the US without the intent to immigrate, you can marry and file for what's called AOS - Adjustment of Status. You will file forms I-130 and I-485 together, along with a pile of supportive and additional documentation and forms. He won't have to return home during the processing of your application, and actually he cannot leave until he has received an AP - Advance Parole document - which comes in roughly 3 months from filing.

The process from filing the forms to the interview usually takes about 5 months. When you submit the forms, you will also submit the application for the AP document, as well as for EAD - employment authorization document which will allow your boyfriend (or, then your husband) to work while waiting for the AOS to be processed. The EAD is only valid until you have a decision on your AOS.

If the AOS is approved, he will get a green card and become a legal permanent resident.

AOS from VWP is a debated issue around here - and around other forums as well. Some think it is risky, as the VWP is not supposed to be used for immigrating and people who enter under VWP waive their rights to appeal any decision USCIS makes regarding their immigration status. This means that if your AOS was denied, you cannot appeal the decision. Some people will think you should not risk it, and depending on where in the US you live, they may be right.

Your other option would be the CR-1 (not K3, it doesn't really exist anymore). For the CR-1, you also need to get married first, and you can then file the I-130 to start the spousal visa process. He would have to return to his home country after his 90 days on VWP are over, though, and wait out the process at home. It takes about 9 months to get the CR-1 visa.

[Egypt's Heart 6]

My boyfriend is currently over in the US. After discovering that marriage will be our only chance of getting him over here forever, we both don't want to wait. I have a few questions.

1. Is this the best thing to do or would it be better to go home and do the fiance visa?

2. Would he be able to travel (he has a visa waiver) once we've applied for the fiance visa (if we went that route)?

3. If we got married on Friday and filed for the K-3, would he be able to travel to the US whilst waiting for the approval (he would still have residence and return ticket home)?

4. Regardless of which way we go, will we still have to file for permission to work?

5. How long is the K-3 currently running? 9 months is the latest, but this conflicts with another area on the site that says 6 months.

6. We had no intentions to get married on his latest trip over, but if we did, is this visa fraud? In my eyes, it's just what we need to do to start the process.

Any help is greatly appreciated.

Marriage is not the only chance to bring him here, and don't bring him here if there is NO true relationship.

I suggest you and him file for a K1 visa, as he awaits processing in his home country. You have met the main requirement for a K1 visa, you and him have been face to face, he can come to the states to see you.

Read the K1 guides, and FYI, the K3 is dead, don't bothering filing for it, waste of time.

[payxibka 10,045]

My boyfriend is currently over in the US. After discovering that marriage will be our only chance of getting him over here forever, we both don't want to wait. I have a few questions.

1. Is this the best thing to do or would it be better to go home and do the fiance visa?

2. Would he be able to travel (he has a visa waiver) once we've applied for the fiance visa (if we went that route)?

3. If we got married on Friday and filed for the K-3, would he be able to travel to the US whilst waiting for the approval (he would still have residence and return ticket home)?

4. Regardless of which way we go, will we still have to file for permission to work?

5. How long is the K-3 currently running? 9 months is the latest, but this conflicts with another area on the site that says 6 months.

6. We had no intentions to get married on his latest trip over, but if we did, is this visa fraud? In my eyes, it's just what we need to do to start the process.

Any help is greatly appreciated.

1) depends

2) sure normal entry rules govern

3) k-3 is essentially obsolete... study up on CR/IR-1

4) yes during the interim if he stays or until greencard is issued

5) see #3 above

6) no

Edited September 13, 2011 by payxibka

[Egypt's Heart 6]

Marriage is not the only chance to bring him here, and don't bring him here if there is NO true relationship.

I suggest you and him file for a K1 visa, as he awaits processing in his home country. You have met the main requirement for a K1 visa, you and him have been face to face, he has come to the states to see you.

Read the K1 guides, and FYI, the K3 is dead, don't bothering filing for it, waste of time.

[farmersdaughter 0]

If he came to the US without the intent to immigrate, you can marry and file for what's called AOS - Adjustment of Status. You will file forms I-130 and I-485 together, along with a pile of supportive and additional documentation and forms. He won't have to return home during the processing of your application, and actually he cannot leave until he has received an AP - Advance Parole document - which comes in roughly 3 months from filing.

The process from filing the forms to the interview usually takes about 5 months. When you submit the forms, you will also submit the application for the AP document, as well as for EAD - employment authorization document which will allow your boyfriend (or, then your husband) to work while waiting for the AOS to be processed. The EAD is only valid until you have a decision on your AOS.

If the AOS is approved, he will get a green card and become a legal permanent resident.

AOS from VWP is a debated issue around here - and around other forums as well. Some think it is risky, as the VWP is not supposed to be used for immigrating and people who enter under VWP waive their rights to appeal any decision USCIS makes regarding their immigration status. This means that if your AOS was denied, you cannot appeal the decision. Some people will think you should not risk it, and depending on where in the US you live, they may be right.

Your other option would be the CR-1 (not K3, it doesn't really exist anymore). For the CR-1, you also need to get married first, and you can then file the I-130 to start the spousal visa process. He would have to return to his home country after his 90 days on VWP are over, though, and wait out the process at home. It takes about 9 months to get the CR-1 visa.

Can you expand on this? What do you mean where I live? I live in Georgia, which as many know is not friendly on illegal immigration. One question, and this isn't an issue (though, there's a possibility it could be), if we had a child would that then come into the equation? We're not opposed to time apart so long as we can travel back and forth. I've read that it's possible, just be prepared to do a lot of justification that you intend to return. Is this true? When you mean we can't appeal, is that it? We just can't be together full stop?

He's from the UK, does this matter?

[Little_My 464]

The San Diego USCIS office is notorious for being hard on VWP adjusters - but my understanding is that problems really only occur when the foreigner who is attempting to adjust status has overstayed their authorized period under VWP. If there is no overstay, AOS from VWP shouldn't be difficult, unless there are some additional red flags involved.

A child would not affect your AOS at all.If you have a child, that child has claims to US citizenship because he/she has an American father, but it won't affect your immigration status in any way.

If you file AOS, he does not have to leave the US. And like I said, he CANNOT leave the us for about 3 months - not until he has his AP.

If you take the CR-1 route, he can stay here for the 90 days VWP allows him to be in the US, and then he has to return to the UK. He can most likely visit you during the waiting period. Once he is issued the CR-1 visa, and uses it to enter the US, he immediately becomes a legal permanent resident and has all the rights of an LPR - for example, right to accept employment - and on the other hand, responsibilities such as paying taxes in the US.

If you don't mind being apart, CR-1 is cheaper, and maybe more "by the book". However, people do AOS from VWP all the time, and mostly successfully.

[farmersdaughter 0]

The San Diego USCIS office is notorious for being hard on VWP adjusters - but my understanding is that problems really only occur when the foreigner who is attempting to adjust status has overstayed their authorized period under VWP. If there is no overstay, AOS from VWP shouldn't be difficult, unless there are some additional red flags involved.

A child would not affect your AOS at all.If you have a child, that child has claims to US citizenship because he/she has an American father, but it won't affect your immigration status in any way.

If you file AOS, he does not have to leave the US. And like I said, he CANNOT leave the us for about 3 months - not until he has his AP.

If you take the CR-1 route, he can stay here for the 90 days VWP allows him to be in the US, and then he has to return to the UK. He can most likely visit you during the waiting period. Once he is issued the CR-1 visa, and uses it to enter the US, he immediately becomes a legal permanent resident and has all the rights of an LPR - for example, right to accept employment - and on the other hand, responsibilities such as paying taxes in the US.

If you don't mind being apart, CR-1 is cheaper, and maybe more "by the book". However, people do AOS from VWP all the time, and mostly successfully.

So he received his VWP 1 month ago. If I understand correctly, if we went VWP to AOS it would take 5 months - his VWP is good for 2 years (90 stays I understand) - so obviously, this would overstay his 90 days but not the 2 year validity of the actual visa. Does that mean that we would be under additional scrutiny?

The San Diego USCIS office is notorious for being hard on VWP adjusters - but my understanding is that problems really only occur when the foreigner who is attempting to adjust status has overstayed their authorized period under VWP. If there is no overstay, AOS from VWP shouldn't be difficult, unless there are some additional red flags involved.

A child would not affect your AOS at all.If you have a child, that child has claims to US citizenship because he/she has an American father, but it won't affect your immigration status in any way.

If you file AOS, he does not have to leave the US. And like I said, he CANNOT leave the us for about 3 months - not until he has his AP.

If you take the CR-1 route, he can stay here for the 90 days VWP allows him to be in the US, and then he has to return to the UK. He can most likely visit you during the waiting period. Once he is issued the CR-1 visa, and uses it to enter the US, he immediately becomes a legal permanent resident and has all the rights of an LPR - for example, right to accept employment - and on the other hand, responsibilities such as paying taxes in the US.

If you don't mind being apart, CR-1 is cheaper, and maybe more "by the book". However, people do AOS from VWP all the time, and mostly successfully.

So he received his VWP 1 month ago. If I understand correctly, if we went VWP to AOS it would take 5 months - his VWP is good for 2 years (90 stays I understand) - so obviously, this would overstay his 90 days but not the 2 year validity of the actual visa. Does that mean that we would be under additional scrutiny?

[Little_My 464]

He can stay here for maximum of 90 days during one visit. VWP is not a visa, so it does not "expire" - people who are eligible to use the VWP can enter under that program for their entire lives, as long as they do not violate the rules of the visa waiver program - but each stay can be maximum 90 days.

Once you submit the AOS paperwork, your husband will enter a new period of authorized stay that continues until you get a decision on the GC application. He would not therefor overstay, as long as your application is received by USCIS before his current authorized stay expires.

You should take some time to read the guides here on VJ, as well as read up on some of the AOS from VWP cases here. If you just use the search function on the top right corner, you'll find a ton of posts on that topic. You can also find a lot on this topic by just visiting the AOS from tourist, work or student visa -forum.

[Harpa Timsah 13,258]

Getting married on a tourist visa is not illegal at all. Then you need to decide to stay here and file for AOS or decide to do consular processing in his home country. Once you make your choice, then come back and ask questions. I think all of the what-ifs at this stage is too confusing.

[farmersdaughter 0]

If we tried to take the AOS route but he returned home prior to take care of some things, for example he wants to get rid of his car and he's going to be laid off/resign from his job - both of these were in the works prior to our decision to marry - would this reflect badly on the intent to leave peice?

I've read a great deal that has stated that intent hardly comes up, however that proving a bona fide marriage is more realistically what they'll be after.

[Little_My 464]

Though it is true that intent rarely comes up, I would not recommend planning for him to return to his home country to take care of loose ends and then return again on a tourist visa to marry you and AOS. That is visa fraud. If he needs to go home, then your best bet would be to marry, begin the CR-1 process, and for him to then return home and wait out the visa processing there. He could potentially visit you on a tourist visa while the CR-1 is being processed.

If you want to take the AOS route, you marry and file now - and then he cannot leave the US until he has the AP travel document, which will take about 3 months from filing (maybe a bit less).

It's either or - you just need to pick your battle at this point.