Marriage and AOS on visa waiver - advice

[naomiandadam 1]

Hi guys, hoping someone can help with some advice here..

My partner and I (I am from the UK, he is an American citizen) have been in a relationship for 3 years now after having met and spent a year together in the US when I worked here, and 2 years long distance between the UK and USA. We got engaged December 2011 and applied for the K1 visa in June 2012. We were unsure whether or not we were still ready to get married after spending so much time apart, so we decided to wait a bit and we ignored any further updates for the K1 we had applied for. We had an RFE for the K1 and just didnt reply, so that is now cancelled. My partner just graduated in May, so I quit my job in the UK to spend the summer here in an attempt to try to find a job on the J1 Trainee visa, which would allow us to spend some time together in the same country for a year or so. However, despite lots of attempts I am having no luck getting anything on this visa. After spending two months here already this summer, we have decided that we definitely want to be together, but are now faced with me going back to the UK end of Aug and having to re-file either the K1 or apply for the K3 if we get married here. Our feeling is that we have already spent so much time apart and waiting and putting things on hold having already gone through most of the K1 process already, that this is really not a great option.

So this leaves getting married now and doing AOS right away and staying here, as I still have 5 weeks left. However, I have done a lot of research and I have read that getting married on a visa waiver is risky as you have to prove that you didnt enter with the intent to get married - which I didnt at the time. I have many time stamped e-mails and other evidence proving I was indeed seeking the J1 visa. If we were to get married now, and me stay here and just AOS, is there anything in my above story that would be a red flag to an officer and give them a reason to deny me? I know we would probably have some explaining to do, however we have a reason for everthing and all of our intentions ave been genuine - we are not trying to trick the system.

Any advice would be appreciated.

Thanks in advance, Naomi

[Pitaya 2,577]

~Duplicate posting removed~

[ValerieA 350]

I don't see any huge red flags. Intent is not actually an issue at this stage - you are already in the US, so the border guards that let you in believed you had no intent. As long as you did not misrepresent yourself to them, you should be OK. I am presuming you entered on the VWP?

[lost_at_sea 995]

You will have to declare that failed petition for K1.

[lost_at_sea 995]

If you got married there and returned home, you wouldn't do the K3 most likely, BTW. They don't tend to get approved any faster. You'd file the I-130 for CR-1 visa.

[naomiandadam 1]

Hi ValerieA - Thanks a lot that is good news, and yes I am currently on the 90 visa waiver program. At POE I told the officer I was here to spend time with my boyfriend and travel, I didnt mention anything about looking for a job on the J1.

And Lost at Sea - What is the different between K3 and CR-1?

[lost_at_sea 995]

Hi ValerieA - Thanks a lot that is good news, and yes I am currently on the 90 visa waiver program. At POE I told the officer I was here to spend time with my boyfriend and travel, I didnt mention anything about looking for a job on the J1.

And Lost at Sea - What is the different between K3 and CR-1?

CR-1 is the visa you'd apply for as a couple married less than 2 years. The K3 visa is a visa to allow the foreign spouse to travel abroad and await their CR-1 visa completion. The K3 is an optional extra.

[Harpa Timsah 13,258]

K3 is not available any more, and it sounds like you want to do AOS, so learning what a CR-1 is will just be confusing right now.

You are seeking an Adjustment of Status, from VWP to Permanent Resident, based on marriage to a USC.