getting married without a K1 just on a visa waiver?

[max_silver 0]

Hi there,

Im new on here and im very happy to have found a forum with loads of different topics of discussion.

Im from London and my fiance is from New York, like most people on here we've been doing the long distance thing for 2 years but its starting to really take its toll so with many discussions we're deciding to get married. Now we need to know what would be the best option

1. Applying for the K-1 and then waiting

(could people please tell me about their story with this)

2. Getting married in the US whilst visiting on a visa waiver(esta)

(could people please tell me about their story with this)

Im due to go back in December so i would very much appreciate some input and advice on this. What we be a better option? I understand i cant work for 6 months but that's ok.

Thank you very much.

Max

[Little_My 464]

Don't post the same thing on multiple forums - pick one (preferably the right one) and stick with that. If you posted on the "wrong" forum, a mod will eventualyl move your post to a right place. Posting the same topic multiple times on multiple forums will only confuse those trying to help you, as well as confuse you trying to make sense out of the responses.

Then to your question..

It's up to you to pick the best option for your particular situation. Right now you seem to have two:

1. K-1 - long and pretty expensive.

2. CR-1 - long but cheaper, and no periods of you not being able to work. You can get married whenever and wherever, and then file for the CR-1 spousal visa. You can come to the US with a tourist visa, marry here and start the process, but once your VWP expires you will have to return to UK to wait out the process there. You might be able to visit the US as a tourist while the CR-1 is pending. Once the visa is issued and you enter the US using the CR-1, you'll immediately become a legal permanent resident, and you can start living your life here doing what you wish - working, studying, etc. No waiting for a work period in the US, no not being able to travel internationally.

I'd personally lean towards CR-1, just because it is cheaper and to me seems like an easier route as it does not involve the adjustment of status process, unlike K-1. But, like I said, ultimately it is up to you to make the choice.

[Little_My 464]

I responded to you in the AOS from family based visas forum, where you also posted..

[* Kristin * 49]

If you get married whilst on the visa waiver program, you will need to go back to the UK and then file for a CR-1 (spouse) visa.

In either of the forums, there are tons of people's stories about their experiences.

Hi there,

Im new on here and im very happy to have found a forum with loads of different topics of discussion.

Im from London and my fiance is from New York, like most people on here we've been doing the long distance thing for 2 years but its starting to really take its toll so with many discussions we're deciding to get married. Now we need to know what would be the best option

1. Applying for the K-1 and then waiting

(could people please tell me about their story with this)

2. Getting married in the US whilst visiting on a visa waiver(esta)

(could people please tell me about their story with this)

Im due to go back in December so i would very much appreciate some input and advice on this. What we be a better option? I understand i cant work for 6 months but that's ok.

Thank you very much.

Max

[max_silver 0]

thanks for the posting tips.

That has been very helpful for me. When i come over in December then i have until march before i have to return home. would you know how long roughly the CR-1 takes. once it has been approved how long before id get a GC?

Thanks again

[JimVaPhuong 4,863]

Are you in the US now? If so then you can go ahead and get married and then file to adjust status. If not then you can't come to the US using the VWP (or most other non-immigrant entry types) with the intention of staying and becoming an immigrant. It all has to do with what your intentions are when you enter the US. I know, they can't read your mind, but that's the law. They don't deny adjustment of status for preconceived intent, but they have been known to set traps for people; e.g., they find evidence of preconceived intent (like packing documents in your luggage that an immigrant would need but a tourist wouldn't) so they pull the alien into secondary inspection and ask a bunch of questions, ultimately getting them to sign something that states they don't intend to immigrate. When they subsequently file for adjustment of status then they hit them with a material misrepresentation charge based on the document they signed.

Adjusting status after entering as a non-immigrant is always slightly riskier than using the normal K1 or spousal visa route. Adjusting status after entering with the VWP is a bit riskier than doing the same after entering with a B2. If you overstay and then try this in the San Diego district then you'd probably be denied and deported. The biggest risk with a VWP entry is that you can't appeal any decision by any immigration officer. You waived that right when you agreed to the ESTA terms. If they deny your AOS then there's nothing you can do - you'd have to leave the US.

The risks are relatively small if you stay and adjust status. You have to decide what your tolerance for risk is, even if it's a small risk. A K1 or spousal visa doesn't carry any of those risks.

[max_silver 0]

could i not start the cr-1 process in the states and then return before my VWP expires?

would you know what documents to send?

thanks for your help

[Deputy Purple 1,294]

If you get married whilst on the visa waiver program, you will need to go back to the UK and then file for a CR-1 (spouse) visa.

In either of the forums, there are tons of people's stories about their experiences.

REALLY!?!?!?

I wish VJ members would stop lying to people is this situation.

The truth of the matter is that it is illegal to enter the US on either VWP or a non-immigrant visa planning to marry and adjust status. The problem USCIS faces is that they must have more than proof of intent to immigrate to deny the AOS Application.

This is why if they suspect you intend to get married and AOS they will either deny you entry or pull you into secondary questioning and get you to make a clear statement that you would have to contradict in an AOS Filing. That is setting you up for Material Misrepresentation which is punished with denial of AOS, Deportation and a Lifetime entry ban (which would then require a I-601 Hardship Waiver for you to ever enter the US in any legal way).

If you have no plans to get married and have simply decided that you can't wait any longer then get married.

If you weren't pulled into secondary and didn't lie about having a US Citizen Boyfriend/Fiance then you're safe filing AOS.

Personally I wish they would close the AOS loophole but that's what the law currently is and I honestly feel it's in bad taste and poor character to intentionally mislead some who comes here looking for honest advice.

[sib 7]

If you go the K-1 route, you can gather all the necessary documents and apply now and just stay in US until you have to leave. Then you go back to your home country, finish up all loose ends over there, wait for the approval of the I-129, go to the interview and then move to US. In US you get married and apply for AOS. During that time you are not able to work because you do not have a work permit.

If you marry now while you are here in US, your then spouse can file I-130 and I-485 (AOS, permission to travel and EAD (work permission) together. The problem might be that you don't have all the necessary documents (birth certificate, police certificate, etc.) to file and you can't leave the country until at least you have the travel permission, but you need the documents.

You also can get married now, you stay in the US until you need to leave, your then spouse applies for a CR-1. The end process of the CR-1 is done in your home country. So you have to go back to your home country, you can finish up all loose ends, get all the papers you need, go to your interview and get the visa. Then you come to the US and you will get your green card in the mail. No more forms here in US until removal of condition.

We did the K-1 route but if I had to do it again, I probably would do the CR-1. Then you are already married. If you don't marry immediately after arrival, you can't start the AOS filing. Most states now require you to have a valid immigration status to apply for a driver license (at least Florida does). So you are not able to get a driver's license until you have your green card, because some states don't accept the NOA for just filing. Also you are not able to get a social security number until you got your EAD ...

Hope it helped.

Read the guides! Look at the different options, queck what papers you need! Gather them, get ready!

Sib

[max_silver 0]

ok, what if we got married and then i returned to the UK and applied for a CR-1 whilst in the UK. or should i begin the process in the US

[Harpa Timsah 13,258]

The OP is not currently in the US. They mean "go back" to visit the US in December. They have clarified this fact in another thread.

[max_silver 0]

thanks for all your help.

im thinking that the best option from the info gathered would be the get married, apply for the cr-1 and then return to the UK and wait it out.

seem ok?

[Deputy Purple 1,294]

thanks for all your help.

im thinking that the best option from the info gathered would be the get married, apply for the cr-1 and then return to the UK and wait it out.

seem ok?

If you're not currently in the US then this is the proper course or the US Citizen can get a jump-start and file the I-129f For a K-1 now to save a few months of waiting.

Edited September 16, 2011 by Bob 4 Anna

[JimVaPhuong 4,863]

ok, what if we got married and then i returned to the UK and applied for a CR-1 whilst in the UK. or should i begin the process in the US

Doesn't matter. Just don't overstay, and be sure you're back in the UK for your interview at the US Embassy. Your spouse begins the process by submitting an I-130 petition. Once you're married then your spouse can submit the I-130 anytime.

[max_silver 0]

so regardless id need to file for a k-1 in order to obtain the cr-1 once married. can we not just get married first and then apply for the cr-1