K-1 Visa.. or VWP..?

[nicknackzz 0]

Sorry if im posting this in the wrong area!

I have a BF who lives in ireland, And we have met before and He wants to live here in the USA, Yes i am an American Citizen Born and bred and i have my own stuff (so dont think im not)

And obviously he is Irish Born, We want to Be together and right now distance/ Not knowing what to do stops it, we KNOW if we he were to come here to live we would need a K-1 Fiance visa, BUT we’ve been told by a USCIS Lady that if he came on the VWP (Visa Waiver Program) we can get married and he can file the I-539 and then the I-130, which is a Petition for Permanent Residence which costs $420 and the waiting time is about 5 months and she said we can download these forms on the USCIS site, Then we rang back to double check and we got a different lady who said he can NOT do that and we would get jailed & fined, if so..

So what can we say? He wants to live here, we wanna be together? and we’re getting NOTHING but mixed results even from the USCIS who DEAL with these things.

PS: IM the irish guy, asking this Question lol, im asking it for my gf, but also myself.

Thnx!

[UK-USA-K1 128]

LEGALLY speaking, you cannot enter this country on the VWP with the intent to stay. If he does this, it is immigration fraud. Will they ever know for sure? Hard to know, but that is what the law is. Whomever told you that this is the way it could be done is at the very least, very confused.

You can marry if he came on the VWP with the intention of going home and you decide to marry while he's here.

You can marry and he can go home and you can file for the I-130

you can file for the K-1 and visit often under the VWP while you wait to be processed then marry

Those are the basic LEGAL ways to do it.

People have done it your way and it has worked, but it's not exactly legal and therefor I cannot personally recommend it.

[KayDeeCee 4,893]

You cannot enter on the VWP with the intent to get married, file to adjust status and stay. Your choices are either the K-1 or the CR-1. You can of course always enter on the VWP to get married and your wife can then file the I-130 to start the process for getting you a CR-1 spousal visa. You will have to return to Ireland though to finish the process for getting your visa. When the visa is granted, you will return and become a permanent resident upon entry to the US with your CR-1. http://www.visajourn...content/compare

[Darnell 8,478]

i say call back 10 times, once a day, for the next two weeks, asking the same question, and record the answers.

Then take any answer over 40 percent.

Good Luck !

[Master Semaj 2]

Sorry if im posting this in the wrong area!

I have a BF who lives in ireland, And we have met before and He wants to live here in the USA, Yes i am an American Citizen Born and bred and i have my own stuff (so dont think im not)

And obviously he is Irish Born, We want to Be together and right now distance/ Not knowing what to do stops it, we KNOW if we he were to come here to live we would need a K-1 Fiance visa, BUT we’ve been told by a USCIS Lady that if he came on the VWP (Visa Waiver Program) we can get married and he can file the I-539 and then the I-130, which is a Petition for Permanent Residence which costs $420 and the waiting time is about 5 months and she said we can download these forms on the USCIS site, Then we rang back to double check and we got a different lady who said he can NOT do that and we would get jailed & fined, if so..

So what can we say? He wants to live here, we wanna be together? and we’re getting NOTHING but mixed results even from the USCIS who DEAL with these things.

PS: IM the irish guy, asking this Question lol, im asking it for my gf, but also myself.

Thnx!

It is not acceptable to enter the US on the VWP with the intent or for the purpose of getting married. The VWP is a tourist visa and any activity outside of sight-seeing and recreation, such as working a job or getting married, are in violation of it. Some people do fly over and get married on VWP, but in order to then move to legally stay, the beneficiary should leave the country while the US citizen/petitioner files for the I-130 and then return on the Visa they will receive when the whole process has been completed. If it is found that the beneficiary is still in the US, that will cause problems, and breaking any of the USCIS rules can result in a ban on entry to the country.

The I-130 is a Petition for Alien Relative, I-539 is an Application To Extend/Change Nonimmigrant Status. I suggest you read through this website and study the forms and which ones apply to the process you want to go through. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Finally, in an important matter like the relationship with a loved one, is it really worth risking being forcefully separated by the law just to spend, in the grand scheme of things, a little extra time with each other?

[VanessaTony 3,567]

It is not acceptable to enter the US on the VWP with the intent or for the purpose of getting married. The VWP is a tourist visa and any activity outside of sight-seeing and recreation, such as working a job or getting married, are in violation of it.

Incorrect. Intent to marry is perfectly legal (think Vegas weddings for tourists) but intent to marry and STAY is illegal. Working is of course illegal without the appropriate visa or permit.

[nicknackzz 0]

So if he came, we got married, he went home I apply for that I-130.. That means he can come back the next time and stay for good?

That's what I'm getting out of all of this ^^

Also can someone give me some insight on waiting time for the I-130?

[NigeriaorBust 4,087]

He comes you get married he leaves. The I130 gets filed ( you could do this before he leaves) the I130 takes about a year. He can visit but he must NEVER lie to immigration and he needs to show he will go home after each visit until he gets his CR1 visa.