Netherlands boyfriend wants to visit and then immigrate

[dsweets 0]

My Dutch sweetheart has a plane ticket for 2/4/2012 to come and visit me in California, and a return ticket for 5/3/2012. He's planning on applying for the Visa Waiver Program, which we don't think should be a problem getting approved in time for the trip. (?) What we want to know is, after he returns to the Netherlands, what kind of Visa should he apply for to come back? If this visit we're having turns out well, I'm pretty sure we might want to get engaged, and he's going to want to work to help support me and my daughter, or try to go to school himself. So should he apply for a Non-Immigrant Visa, like the Visitor's Visa, and then can we just get married over here? How long do those Visitor's Visas typically take to be issued, because we'd want him to be back in time for an event in late July, where I'm also thinking I'd like to get married. Would it be easier to do a Fiance Visa instead, and how would long do those take to get issued? If either scenario is at all possible, I'd like to know about any downsides with regard to us having to stay apart or him not being able to legally work. Thank you in advance for any advice, insight, or warning you can provide.

[bigdog 376]

6-8 months for K1, Married, maybe a little longer but no adjustment hassles. See the time line differences.

[Little_My 464]

You should take plenty of time to read through all the guides for various different visa processes here on VJ to get an idea of how US immigration works.

Your boyfriend shouldn't have a problem getting his ESTA approved for the VWP in time for this upcoming trip, but he should submit the electronic application as soon as possible - no need to postpone it closer to the trip. However, returning in July will be a whole other matter. Any visa that is meant for temporary stay in the US is a non-immigrant visa - this includes all types of tourist visas, business visas, student visas, etc. Using a non-immigrant visa to enter the US with the intent to marry a US citizen AND apply for permanent residency within the US is visa fraud and illegal. Non-immigrant visas are meant for non-permanent visits, and they are not supposed to be used for immigrating to the US - though this does often happen.

Certain visas, mainly the K-1 fiance visa and the CR-1/IR-1 spousal visas, are visas particularly meant for foreigners who are either engaged or married to US citizens and want to permanently move to the US and become legal residents of this country. Your boyfriend could apply for either depending on whether or not you'll be engaged or married at the point when you begin the visa process. Fiance visa - as per its name - is for foreign fiances of US citizens. CR-1 visa is for spouses of US citizens. The K-1 visa takes around 7-8 months to process, and I believe the time frame for CR-1 is somewhere along those lines too, or maybe a bit longer. However, the CR-1 visa does not involve the adjustment of status process in the US, which makes it notably cheaper than the K1. With the K1, the foreigner enters the US as a fiance of the US citizen and must get married within 90 days of entry. After that, he still has to adjust his status to permanent resident, which takes another few months. With the CR-1, the foreign spouse of the US citizen immediately becomes a permanent resident once he enters the US and can start working right away.

One of your options is for him to try to come back in July, get married to you here, stay for the 90 days he is allowed to under the VWP during which you can already begin filing the CR-1 paperwork, but he would then have to leave the US and wait out the rest of the process in the Netherlands, where he'd also have an interview at the US consulate. The only issue here is that he might have some trouble coming back in that close to his previous visit to the US, and should be prepared to answer some additional questions about the purpose of his visit when he is coming in to the US.

Take a look at the "guides" section. it has a lovely comparison chart of the different processes, and gives you a detailed description of each.

[Darnell 8,479]

Hi ! Welcome to VJ! Please study the Guides section, a bit . ..

IMO, he can come and go on the VWP for many years, without worrying about the tourist visa.

[dsweets 0]

One of your options is for him to try to come back in July, get married to you here, stay for the 90 days he is allowed to under the VWP during which you can already begin filing the CR-1 paperwork, but he would then have to leave the US and wait out the rest of the process in the Netherlands, where he'd also have an interview at the US consulate. The only issue here is that he might have some trouble coming back in that close to his previous visit to the US, and should be prepared to answer some additional questions about the purpose of his visit when he is coming in to the US.

That last option is really interesting to me. I suppose it would be possible for me to visit him in the Netherlands while we're waiting as well. It's so hard to be apart, sometimes I feel like I can't bear it anymore but we'll do what it takes to be together

[Becky<3Jorim 1]

I know exacly how u both feel, for us it was the same.

In my case we knew eachoter for like 2 year so we did our application , even so that she visited me to belgium twice.

So i came in as (K-1 Visa) Application.

K-1 visa is for Fiance/Fianceé, that means if he go's to the US u guy's have to get married within the 90day's of his arrival into the US.

K-3 is for Husband/Wife Application, K-3 Visa is if ur allready married.

~~Jorim.

[Craazy 0]

I'm curious to know did your fiance make it in?

[jaycali 415]

Marrying on the VWP, and then applying for adjustment of status to permanent resident can work on paper, but is generally a really bad idea, as it can easily lead to a denial, and a long entry ban for visa fraud.

while you are allowed to get married on a tourist visa or visa waiver, you're not allowed to be intending to adjust status.

The only way this can be done legally is if you enter with no intention of marrying, and just end up, unexpectedly getting married and adjusting status.

I've seen it done, but that was a case of the beneficiary entering to visit her bf for a month, and he unexpectedly proposed on the first day.they decided based on that to get married and adjust status.

It was truly unexpected, and as such no visa fraud involved, but it still required a very competent lawyer to get it done.

[dsweets 0]

Marrying on the VWP, and then applying for adjustment of status to permanent resident can work on paper, but is generally a really bad idea, as it can easily lead to a denial, and a long entry ban for visa fraud.

while you are allowed to get married on a tourist visa or visa waiver, you're not allowed to be intending to adjust status.

The only way this can be done legally is if you enter with no intention of marrying, and just end up, unexpectedly getting married and adjusting status.

I've seen it done, but that was a case of the beneficiary entering to visit her bf for a month, and he unexpectedly proposed on the first day.they decided based on that to get married and adjust status.

It was truly unexpected, and as such no visa fraud involved, but it still required a very competent lawyer to get it done.

We got married! Now we're trying to figure out what to do, since he is supposed to return home this weekend but being apart will be so hard. We talked to a lawyer who said it was possible that he could stay past his 90 days and then we could file, but if the application is denied he'd have to go home and start the whole process over again from there. We're going to keep asking questions and trying to figure out how to do this so we don't have to stay away from each other so long.

[lynndy38 64]

First of all congratulations on your wedding!!!!!!!

Im not an expert so this is purely just an opinion based on my experience.

I married a USC recently and he had to return to the States 3 days later. NO-ONE likes the fact we are made to spend so much time apart whilst the correct visa is processed but theres a very real chance if he over stays and is made to leave it could cause you issues when you file the CR1, the thought of a 3/10 or life time ban terrifies me so I would never take that chance.

I have seen around the boards that you can adjust status if you get married unexpectedly like you guys have,but Ive also seen people say it could be a problem. Thats what confuses me on here some people say 'no problem' then you'd have another poster saying 'don't do that'. For me I'd just not take the chance of jeopardising my future with my husband,if your lawyer is telling you its not a sure thing you certainly need to give it serious thought.

I so understand why you don't want your new husband to leave,I had a tearful conversation with mine this morning because I miss him so much. I would just hate to see you guys have issues because of an overstay.

Lots of luck and strength coming your way!!!

[dsweets 0]

Thank you very much After much consideration we decided that he should take his return flight home and start the visa process from over there. It has actually been a really hard week. I guess we were partly in denial that we would have to be apart like this again if he is to come here permanently, but that's the way it is with the state of immigration today. It's just too risky for his future status here. I have filled out an application for a passport but not filed it yet, and will see if there is any way I can visit him in the Netherlands while we're waiting. I have other plans brewing here for a return to college to finish my degree, and I was hoping he could be with us and help take care of my daughter, his new step-daughter. I'm probably going to have to start out alone and then hopefully he can join us here when the visa is approved I was just hoping to not have another holiday alone because that time of year can be so depressing when you don't have your significant other with you.

have seen around the boards that you can adjust status if you get married unexpectedly like you guys have,but Ive also seen people say it could be a problem. Thats what confuses me on here some people say 'no problem' then you'd have another poster saying 'don't do that'. For me I'd just not take the chance of jeopardising my future with my husband,if your lawyer is telling you its not a sure thing you certainly need to give it serious thought.

I so understand why you don't want your new husband to leave,I had a tearful conversation with mine this morning because I miss him so much. I would just hate to see you guys have issues because of an overstay.

[lynndy38 64]

Huge hugs, I really feel for you and know exactly how you're feeling right now. Its very cruel that we're kept apart from our new husbands/wives I understand why the USA and all other countries need to protect their borders but it's certainly not done with the human and emotional apsect of it in mind.

Christmas will be hard,I have never been with Eric during christmas time as I have a son in the UK that I like to be with during that time.........my son will will not be coming with me when I go to live in the States,he wants to stay with his father,he will be 14 when I come over and my heart will be breaking. So I do understand your pain.......don't forget to have your husband fill in the G325A before he leaves and leave a couple of passport photo's......otherwise you'll have to delay sending off your I-130 whilst you wait for him to send them over from the Netherlands.

You will get through this,focus on having him back with you and your daughter and next christmas will rock!!!