Getting married to EU fiance who is here on VWP and while my N-400 is pending

[clus 0]

Hi fellow VJers!

I have a dilemma and I need your HELP! I'm a green card holder in the naturalization process (I am scheduled for the interview on March 5th) and I'm planning on getting married my european fiance who is here under VWP (he is allowed to stay here until February 28 because of 90days rule and we don't wanna risk anything by overstay). We've been dating for more than a year, he was coming here back and forth always under VWP (visa waiver program).

My question and the biggest concern is this:

Should we get married now before he leaves even though I am not USC yet or should we get married once I am US citizen?

I mean, could the marriage affect my naturalization process in any way?

And also once I am a US citizen and we are married, we would like to go CR-1 visa way.

Thank you very much for any piece of good advice!

[Penguin_ie 5,993]

You can get married now, it will not affect your naturalisation or his CR-1 process. I would probably wait to petition him until you are a citizen, as it is likely only another couple of months away.

[clus 0]

You can get married now, it will not affect your naturalisation or his CR-1 process. I would probably wait to petition him until you are a citizen, as it is likely only another couple of months away.

Hi Penguin_ie

I don't wanna petition him before I am officially US citizen but I wasn't sure about the whole process being safe when from my perspective I would get married before the naturalization interview and from his perspective getting married under VWP. And also a worry that if I couldn't get married to him while he is still here then whether he will have to come back under VWP and wait (at least) another 2 months to be ok to marry me or I would have to go to Europe to marry him.

So you are saying it's ok to marry him now, then my interview and oath, ...and then to start whole CR-1 process?

[GoingCrazy2012 16]

Petition him once you are a US Citizen, not only it would look better, but also the wait time would be shorter. I have seen myself "US Residents" petition for their husbands/wives and having to wait for years in order to be approved. Remember that there are "priorities" USCIS works with. I hope this helps.

[Penguin_ie 5,993]

Yes absolutely- as long as he doesn't over stay his 90 days, everything is fine. He should be able to visit during the process too.