Need visa advice! Help!

[Zachariadis 0]

I am in a certain situation that I'm sure many people have been through before but I just can't seem to understand what I read. Here's my story:

My fiance is here (in the US) from Greece on the Visa Waiver Program (I guess that's considered a tourist visa?) so he has 90 days and then has to return. But, we have decided we would like to get married (and as soon as possible). So my question now is what is the best and fastest route to go?

Can we get married now while he is here?

Should we get married now and file as a spouse?

Should we not get married and file as fiance?

Is there a better way to file that I haven't read about?

Whichever route is best, what forms do I need? Are there offices where I can go in and talk to someone about this process? I am really clueless and as much research as I do, I feel like there are so many options, I just don't understand. Please help, any insight at all no matter how small is very much appreciated! Thank you!

[Little_My 464]

If he did not originally enter on the VWP with the intent to marry you and stay in the US, then yes - you can marry and file to adjust her status within the US. It will take roughly 4-6 months, cost you about $2,000, and if for any reason your petition was denied, you cannot appeal the decision because he entered under the VWP and waived his right to appeal when doing so. However, many VWP petitions are approved, but naturally there's always the risk of denial with any immigration petition - so keep that in mind.

Other options are either the K1 fiance visa - he leaves, returns home, you apply for a fiance visa while he is in Greece getting his affairs in order, and once the visa is issued he returns to the US with the K1 fiance visa. You will then have 90 days to marry, and then you proceed to adjust his status to permanent resident.

Thirs, and in my opinion the safest and cheapest option, is the CR-1. You can marry now while he is in the US on the VWP (or you can choose to take your time to organize a wedding and do it whenever and in which ever country) - after the marriage, he goes back home to Greece. You apply for the CR-1 spousal visa for him. While he is waiting for that to be processed, he will have time to get is life wrapped up in Greece, close bank accounts, resign from his work, get all his affairs in order back home - and in about 9 months, once the visa has been issued, he will enter the US and upon entry he'll immediately become a permanent resident. There is no AOS process, no periods when he can't work in the US or travel internationally.

You just need to read up on the different options and pick one. Once you know the cost, timelien and risks associated with each, you'll be able to make an informed decision based on your particular situation. The key word is to read, read, read. Study the instructions and processes until you really understand them, and then make a decision.

On a side note, he should not ovestay his VWP. Nothing good ever comes out of that.

[pushbrk 12,898]

I am in a certain situation that I'm sure many people have been through before but I just can't seem to understand what I read. Here's my story:

My fiance is here (in the US) from Greece on the Visa Waiver Program (I guess that's considered a tourist visa?) so he has 90 days and then has to return. But, we have decided we would like to get married (and as soon as possible). So my question now is what is the best and fastest route to go?

Can we get married now while he is here?

Should we get married now and file as a spouse?

Should we not get married and file as fiance?

Is there a better way to file that I haven't read about?

Whichever route is best, what forms do I need? Are there offices where I can go in and talk to someone about this process? I am really clueless and as much research as I do, I feel like there are so many options, I just don't understand. Please help, any insight at all no matter how small is very much appreciated! Thank you!

If, as a personal practical matter, he can remain in the USA a few months, simply go ahead with your marriage plans and adjust his status. Any "overstay" will be forgiven but you should file the AOS paperwork before the 90 days is up, if possible.

If he has a personal need to leave the USA soon, then go ahead and marry and follow the CR1 visa Guide for a spouse visa.

[RichardH 0]

I did the "safe" thing, and came home to the UK, and am applying for my spousal visa.

I regret every day not adjusting my status while I was still in the US (where we got married in August).

If it's at all practical for you, do it that way!

Rich