On VWP and Looking at my Options

[Luke1991 0]

Hello everyone,

I am a UK citizen looking to gain US citizenship though marrying my girlfriend who resides in West Virginia.

I am currently over in America staying with her on the Visa Waiver Program and currently around 3 weeks into the 90 days i am here for.

I want to see if there is any way that i can marry her here in the US within my 90 days that i am here. I would prefer to avoid going back home as well.

Some Information That You Might Need:

I am a 23 Year old Male (UK Citizen)

She is a 32 Year old Female (US Citizen)

She is Currently studying within College and I have just finished my University course in England.

So currently neither of us have jobs.

I didnt Intend on getting Married this visit but we have discussed it before.

She has also been to the UK and met my Family

From what i have read you can get married on a VWP but some places say that you cant, i know i will have a lot of paper work to fill out if you decide to tie the knot over here.

Thank you to anyone who can help me

Edited January 20, 2014 by Luke1991

[Boiler 46,176]

Read the guides.

You can marry and adjust, she will need a co sponsor.

[Luke1991 0]

Read the guides.

You can marry and adjust, she will need a co sponsor.

I have looked through some of the guides but i again have been told that age difference can also be a problem.

As well as marrying on a VWP is frowned upon as well as not being able to change from a VWP once you are in the United States...

[Boiler 46,176]

Read again, You seem to have misunderstood.

[Sirdaniel42 86]

Age is not a problem, me and my wife differ 14 years and it never came up in any interview.

[Luke1991 0]

Read again, You seem to have misunderstood.

I havent misunderstood your previous post.

I am simply saying that, for one, we arent engaged or married currently so that wipes out all the guides for one.

I have read the guides for if you get legally married (which again, im not sure if i can get legally married at any church in the US because of my citizenship. And none of them mention if you are on a VWP and get married, they simply advice you to apply for a K1 if your engaged or a CR1 if your married, it doesnt explain wether i have to still go home after my 90 days, whether i get extended stay because i married a USC.

So reading the guides still make me have questions.

I know that there are only a few options i can take if i can get legally married over here but i would prefer not to have to go home after marrying my girlfriend or whether i have no choice...

I did also read another topic here http://www.visajourney.com/forums/topic/453690-uk-citizen-marrying-us-citizen-in-uk-but-want-to-live-in-usa/ where they were having the same problem and it wasnt clarified whether they could simply go to the nearest church and get married on a VWP and then automatically gain longer residency.

[Hypnos 6,578]

If you want to stay you'll need to get married, then follow this guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

If you don't want to stay then get married, have your wife for an I-130 seeking an immigrant visa for you (this will take around a year), or remain unmarried and file an I-129F seeking a K-1 for you. For both of these other choices you'll need to depart the US at the end of your authorised stay.

Edited January 20, 2014 by Hypnos

[Luke1991 0]

If you want to stay you'll need to get married, then follow this guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

If you don't want to stay then get married, have your wife for an I-130 seeking an immigrant visa for you (this will take around a year), or remain unmarried and file an I-129F seeking a K-1 for you. For both of these other choices you'll need to depart the US at the end of your authorised stay.

Thank you!

This still doesnt get me around me being here for 90 days unless i missed something...does marrying my gf/spouse in the US under the Visa Waiver Program give me more time after the 90 days to stay in America to file all the forms. From the sounds of it you do get extended stay.

Im just worried that if we do get married here and start filling out the correct forms, to find out that i get a knock at the door saying that i should have left the US because my VWP has expired.

[Boiler 46,176]

I havent misunderstood your previous post.

I am simply saying that, for one, we arent engaged or married currently so that wipes out all the guides for one.

I have read the guides for if you get legally married (which again, im not sure if i can get legally married at any church in the US because of my citizenship. And none of them mention if you are on a VWP and get married, they simply advice you to apply for a K1 if your engaged or a CR1 if your married, it doesnt explain wether i have to still go home after my 90 days, whether i get extended stay because i married a USC.

So reading the guides still make me have questions.

I know that there are only a few options i can take if i can get legally married over here but i would prefer not to have to go home after marrying my girlfriend or whether i have no choice...

I did also read another topic here http://www.visajourney.com/forums/topic/453690-uk-citizen-marrying-us-citizen-in-uk-but-want-to-live-in-usa/ where they were having the same problem and it wasnt clarified whether they could simply go to the nearest church and get married on a VWP and then automatically gain longer residency.

I said to marry, nothing happens without that.

K1 and CR1 are to enter the US, you do not need to enter the US, you said you are here.

Marriage rules vary by State but I find it difficult to believe you have never heard of Vegas so your question is confusing. There are 13 million plus illegals in the US, they seem to manage it OK.

The link you posted covered a situation that seems diametrically opposite to yours, she wanted to marry in the UK.

[Luke1991 0]

I said to marry, nothing happens without that.

K1 and CR1 are to enter the US, you do not need to enter the US, you said you are here.

Marriage rules vary by State but I find it difficult to believe you have never heard of Vegas so your question is confusing. There are 13 million plus illegals in the US, they seem to manage it OK.

The link you posted covered a situation that seems diametrically opposite to yours, she wanted to marry in the UK.

Yes i have heard of Vegas but its a long way to go on a limited amount of funds, being i didnt plan on getting married on this trip (even though it has been previously talked about) I dont really want to be an illegal in the US because when you get caught, then i am pretty much banned from the US thereafter.

Yeah they wanted to marry in the US but it was brought up by someone that they could potentially get married over in the US using the VWP, which got me intrigued as i thought it simply wasnt possible to get married legally on the Visa Waiver Program.

[Boiler 46,176]

You do need any visa or waiver to get married in the US, UK is different.

[Luke1991 0]

You do need any visa or waiver to get married in the US, UK is different.

So if i got married right now, would i get an extension on my current 90 day visa to file paperwork and live in US until i am processed?

Sorry if i am sounding slow or missed your point.

Edited January 20, 2014 by Luke1991

[Hypnos 6,578]

Once you file an I-485 you are placed in a new period of authorised stay which persists until your application is adjudicated. It would not matter if your VWP 90 days expired.

A spouse of a US citizen is classified as an immediate relative under immigration law, meaning you can file for adjustment even when out of status, or if you have entered on the VWP. One caveat with adjusting from the VWP is that there is no right of appeal should USCIS deny your I-485; you waive all rights to appeal as part of the terms and conditions of entering under the VWP.

Edited January 20, 2014 by Hypnos

[Boiler 46,176]

The I 485 is the Adjust bit of marry and adjust.

[Luke1991 0]

Once you file an I-485 you are placed in a new period of authorised stay which persists until your application is adjudicated. It would not matter if your VWP 90 days expired.

A spouse of a US citizen is classified as an immediate relative under immigration law, meaning you can file for adjustment even when out of status, or if you have entered on the VWP. One caveat with adjusting from the VWP is that there is no right of appeal should USCIS deny your I-485; you waive all rights to appeal as part of the terms and conditions of entering under the VWP.

Yeah i see that and looking a little more into it, it sounds like its a little risky getting married under the VWP simply because they could feel like you are using the system and cutting corners so i guess the safer way is not to do that....