getting married without a K1 just on a visa waiver?

[GDHB 3]

Depending on the rules where you intend to marry, a Social Security Number (SSN) may be a requirement.

[max_silver 0]

from both of us or just her? we plan to marry in NY

[ZedbraGuy 6]

Its a tough thing one way or the other, if you have the money I'd just go for whichever you feel happiest with. I personally didn't want to get married and then be apart, so I took the K1. And yes you can enter on a VWP and be okay, I know someone that did that and was fine. But I wouldn't take that chance. If you get in trouble and get deported you might never be allowed back in again. I know people who have got banned for far less.

K1 is tough though, takes about 9 months to be approved

Then once you get here you're stuck on your ####### for at least 2-3 months, and believe me it's boring as hell

Once you're a legal resident it gets better

Your call at the end of the day

And in any case... SAVE SAVE SAVE you need as much money as possible before you come here, with the cost of shipping my stuff, plane tickets, AOS and K1 I've gotta have spent 4 grand

[Harpa Timsah 13,258]

Depending on the rules where you intend to marry, a Social Security Number (SSN) may be a requirement.

I believe there was a federal law passed banning this requirement. I have not found one state that requires SSN for both people to get married (though they may say they do in person or on websites, their own laws say otherwise).

NY does not require a SSN for people that don't have one, so OP, you're all set.

[Harpa Timsah 13,258]

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

No, you can get married and file for the CR-1 straight away.

[max_silver 0]

that would save quite a bit of money too im guessin

[Little_My 464]

Mods, can you combine this thread to the one on the AOS from family based visas -forum? It's getting to be a bit confusing.

Edited September 16, 2011 by Little_My

[Kathryn41 3,205]

Two threads - one from the K-1 forum and one from the AOS forum have been merged into one thread so as to keep all of the information and answers together. Topic has also been moved to General Immigration Discussion as K-1, AOS from a visitor status and CR-1 are all being discussed.

Edited September 16, 2011 by Kathryn41

[Mithmeoi 29]

My spouse and I were married while he was on the VWP. It's risky to AOS on that as you waive your rights and could be deported and never let back in, I suggest going back to the UK and filing for a CR-1.

Rather than separate again I went with my spouse back to his country and lived with him till we could apply and we did a DCF. To save up and all it took us about a year.

Edited September 16, 2011 by Mithmeoi

[Barbara J 115]

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

Oh Max you poor ####### you are getting a whole lot of mixed responses here. Shoot as Harpa said you can come and visit from the Uk on VWP 3 months and you intend to do that Dec yes? Ok when asked and if asked by CO whats the reason for your visit you are visiting girlfriend as I don't know if you have even proposed yet lol You will need to make sure you have enough prrof of residency back in UK employment and bank account ? and residential address and a return ticket hehe!!!

Ok when you are here you have 3 months before you have to go back to either apply for 129f petition fiance visa and your USC can start that while you are here. Then you go home to UK and wait till approval from USCIS then it gets transferred to UK and you have interview and so on. It does cost more and you also can't work till after you marry and file AOS (application for Green card).

OR you can get married when visiting and your wife can file CR1 while you are here, then you go home at end of 3 months and wait till approval and have interview medical and so on similar to K1 and then you come back BUT you are married and you have residency status straight away and are able to work get ssn and get drivers license.

Hope all this makes sense but you both need to do a bit of reading on here in the guides and then decide which is best for you.

No one can tell you how long each will take but 9 months to 12 but she can visit you and you could also visit again here half way through the process.

YOU CAN'T adjust status on a VWP don't even think about it after you marry. You have to go home and do this the proper way

Edited September 17, 2011 by Barbara J

[VanessaTony 3,567]

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.

I have reported the above as it is advising visa fraud. The OP is not in the US and therefore would be using the VWP to enter with INTENT to immigrate. This is against the law and suggesting such is a breach of VJ TOS.

[VanessaTony 3,567]

Okay some of these answers are confusing so to explain...

1. If you have met in person in the last 2 years the USC can file the K1 tomorrow. The K1 whilst costing more for visa fees is cheaper overall if you are not presently together, and quicker in that you don't need to meet again to get married until you have the visa, and you can file immediately rather than waiting to get married.

2. CR-1. If you went CR-1 you could file that whilst in the US in December, yes BUT that means you'll lose the months between now and then in waiting time. You get a GC on entry so you can work straight away and travel so that is a BIG bonus compared to K1.

3. Entering on the VWP with intent to adjust is against the law. As you are not presently in the US on the VWP it would be against VJ TOS to advise you how to break the law.

It really depends on what you want. CR-1 means spending the first year of marriage apart (UK has quite a backlog so you're looking at around 8+ months) but it also means that you can leave the US and are legally able to work immediately.. which if money is tight for your spouse is a huge benefit... bearing in mind the job situation isn't the best over here so while you might be legally ABLE to work you might not actually GET work for a while.

K1 means you need to AOS once you marry (you have 90 days to marry once you enter the US) and are in the US which presently costs $1070. It's a LITTLE bit quicker but filing it now rather than waiting till dec takes a few months off your waiting time and you could be together this time next year. It means you marry and live together immediately as opposed to being apart for the first year of marriage but it also means you can't leave the US until you get your travel permit and can't legally work until you get the work permit which take around 3 months from filing AOS. Depending on how quickly you marry you could be unemployed for a while.

I personally chose the K1 route because my fiance/husband could support me, because we wanted to file ASAP instead of waiting till we could afford to be together in person again but MOSTLY because I didn't want to spend the first year of marriage apart.