VWP marriage to US citizen, what option to consider?

[ChristinaPoly 1]

Greetings..

I am an avid visitor on this forum which I find extremely helpful, so I decided to post my issue regarding VWP marriage hopefully someone can kindly help , I know a lot of cases have been discussed here and there probably isn't a definite answer but i just want someone to help me steer in to the right direction with the given options I am considering at present.

So, I am visiting my boyfriend in Connecticut from London on a visa waiver program and am due to go back on the 12th Dec (I have been here since 1st October) my visa expires on the 29th of December. I really love him and we wish to marry, now unfortunately my boyfriend has left this immigration process for me to solve and asked me to decide which option would be suitable for me, we have spoken to a lawyer and he said we should marry after 2 months and file for the AOS before the 29th which automatically makes me legal in the country, he also said if I need to go back to the UK I could apply for a Parole and shouldn't face any hassle leaving the country after my marriage on the condition it should be applied for after 30 days of marrying. However I read online that a person waiting for their green SHOULD NOT leave the country.

My second option is get married and leave the country on the 12 December and my husband files for a CR1, I have no idea how long this process could take.

I am aware and understand I may run the risk of deportation when questioned about my intention at the port of entry during my interview, some applicants have been successful and some denied, my boyfriend is insisting I take the first option but to be honest I don't know what would be best for me, I don't mind leaving the country if it promises a safer result, fiance visas take a while but then again marriage on VWP is not forbidden and I would really like to get married I would like to end this year with some good news after a terrible start.

Thank you for the input.

[Boiler 46,173]

Slightly intrigued as to where you have read of people being denied adjusting from VWP.

Options 2 seems to to be currently taking a year plus.

You file for AP and EAD when adjusting status,assume 90 days to get it.

[Soul Froosh 31]

The lawyer is right - you can easily adjust, although I wouldn't leave the country until you have fully adjusted.

Yea, there may be ways to get home when going through AOS but I wouldn't risk it. If you can hold on here until you've gone through the AOS - then do that.

CR1 can take over a year.

[christeen 966]

I vote for Marry now, file for AOS and apply for Advance Parole (usually get within 90 days) then you can return to tie up,loose ends back home... Wish we had done that as I have sooooooo many friends all of whom were successful without issue... The cr1 is back logged by 1 year... Others here will undoubtedly add about lifetime bans, unfairness etc... But if you entered with the intention of leaving and changed your mind or circumstances changed, it is a perfectly legal avenue to take... Fair to others that have waited... No, but legal...

[ChristinaPoly 1]

Hi there all, Im sorry i have been away on a small break to Texas

I am thankful for the replies and after reading them I will consider the adjustment of status option, please could someone advise me how to go about finding the application and what the steps are? like what i need to fill?

I called up some immigration services who provide free telephone consultations and some of them were extremely rude and let me down one even said you cannot apply for a parole because you are illegal and told me off stating ive been a lawyer for 25 years are you teaching me something you think i don't know? I may not have knowledge but at least these idiots can put it nicely.

[Ontarkie 14,509]

~~Judgmental post and one quoting has been removed do not continue in this manner.~~

~~Thread moved to , from Tourist Visas - as the OP is exploring this option and could use the advice of this forum.~~

[Harpa Timsah 13,258]

Hi OP, do this http://www.visajourney.com/content/i130guide2

[ChristinaPoly 1]

Hi OP, do this http://www.visajourney.com/content/i130guide2

much appreciated.

[Gia2577 12]

Hi you are considering what I am going thru now. I have been here for 3 months on VWP, however me and my husband married in Feb this year here in the states and then went back to dubai where we were working and living with the intention to leave for the US by July. We applied for mygreencard app i-130 in feb and until now nothing has changed we are still waiting. Its a joke its taken this long. I came to visit my husband and about a month ago I went for a meeting at the uscis field office here to find out what the heck was going on and why was the green card so delayed. The lady we met with informed me of the AOS procedure which i had no idea about and me and my hubby were stupefied, she also said we should have done that to begin with and i wold have been working and legal by now.

We have now filed for AOS ten days ago and 10 days after my VWP expired (we found out quite late about the whole thing. my thoughts for you would be not to make the same mistake if you want to be with your BF and live and work here, get married and file your i-130 and i-485 package and be done with it. SO MUCH EASIER! Don't make our mistake, our finances are depleted bc of this whole bloody wait. You will be waiting a while if you go home and do it that way. Also you cannot leave the country after you apply for it until you are granted advance parole which is a form in your AOS package. Your lawyer is not giving you the right advice. You don't really need a lawyer btw. Its pretties straightforward, people on this forum helped me.