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irishgirl

getting married on vwp

By irishgirl in Tourist Visas

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irishgirl Rookie

irishgirl   0

Posted
Filed: Timeline
Posted

hi there, i am probably asking a question that has been asked numerous times...

i am travelling to spend time with my boyfriend in december / january, having spent time with him in the US twice already this year. I am planning on visiting him on the VWP. we have been talking about getting married, not necessarily on this trip but in the future. if we do decide to get married in the US on the VWP, will i have to return to my home country or is there any way i can stay in the US while sorting out the necessary paperwork? the thought of being apart from him after we get married is heart breaking.

irishgirl Rookie

irishgirl   0

Posted
Filed: Timeline
  • Author
Posted

hi there, i am probably asking a question that has been asked numerous times...

i am travelling to spend time with my boyfriend in december / january, having spent time with him in the US twice already this year. I am planning on visiting him on the VWP. we have been talking about getting married, not necessarily on this trip but in the future. if we do decide to get married in the US on the VWP, will i have to return to my home country or is there any way i can stay in the US while sorting out the necessary paperwork? the thought of being apart from him after we get married is heart breaking.

Ryan H Grand Master

Ryan H   3,819

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

You can stay in the US until your authorized time expires. Using the VWP with intent to immigrate is fraud. While the burden of proof would be on the government to prove said fraud, you are still opening the door to serious consequences (i.e. a lifetime ban from the US).

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

MrsB2012 Explorer

MrsB2012   10

Posted
Filed: Country: Denmark
 Timeline
Posted

hi there, i am probably asking a question that has been asked numerous times...

i am travelling to spend time with my boyfriend in december / january, having spent time with him in the US twice already this year. I am planning on visiting him on the VWP. we have been talking about getting married, not necessarily on this trip but in the future. if we do decide to get married in the US on the VWP, will i have to return to my home country or is there any way i can stay in the US while sorting out the necessary paperwork? the thought of being apart from him after we get married is heart breaking.

I think what you're asking is whether you can get married under VWP and stay in the US afterwards. You can adjust status from VWP when you marry a US citizen, however technically you're not allowed to come here with the INTENT of getting married, staying and adjusting status. Make sure that you can show reasons why you planned to return to your country, in case you're asked for such documentation during an interview. Also, know that if you're denied AOS, you can't appeal the case because you entered under VWP (Have you ever overstayed a visa in the past? Do you have any sort of criminal record?). Under VWP there are no appeals. My husband entered the US under VWP in June and we are currently in the process of adjusting his status. He actually didn't intend to stay here and we had no plans to get married, it just sorta happened that way. We married one week before his 90 day period was up. If you do decide to get married and adjust status, know that you will not be allowed to leave the country until you receive AP (advanced parole). My advice is to know the rules and make sure you're well informed. There's tons of information on here and many others have done the same thing.

Husband's AOS Journey from VWP Entry

6/22/2012 Boyfriend entered US under VWP

9/15/2012 We got married!

9/21/2012 Stamp on passport expired

9/28/2012 Mailed I-130 & I-485 packets to Chicago Lock box via USPS Priority

10/2/2012 Received Date

10/4/2012 Notice Date

10/9/2012 Received text & email notifications for NOA (4 forms)

10/12/2012 Received hard copies of NOAs (all 4 forms- I-130, I-485, I-131, I-765)

10/15/2012 Received NOA with Biometrics Appointment

10/30/2012 Completed Biometrics (completed on date assigned)

12/11/2012 EAD & AP Approved

12/20/2012 EAD/AP Combo Card Arrived

2/6/2013 Notification for Interview

3/15/2013 Interview- APPROVED!!!! :)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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