Possible to extend stay on a 90 day visa waiver?

[Shadaryia 11]

Hello all and thank you in advance. I am a US citizen and my fiancé who is from London is here visiting me on a 90 day visa waiver. Based on the 90 day waiver he is supposed to leave by January 27th, 2015. We plan to Marry January 9th, 2015 before he is supposed to leave and we are trying to see if there is a way so he can stay and not fly back to England. I know I can file an I-130 but do not know if 3 weeks before he leaves is enough notice to immigration. I would marry him sooner but can't at this time for legal reasons. He had a hard time coming into the US via customs and I fear if he leaves, I just do not know when I will see him again.

Any advice is SO greatly appreciated

[belinda63 3,038]

He can marry you and file the concurrent I-130/I-485 to adjust status (see the guides). Know that the I-130 by itself does nothing for him to remain in the US, it requires the filing of the I-485 for him to remain here legally while it is being processed. The entire process involves a lot of forms and money (about $1800) and you will have to prove you make at least 125% of the poverty level for your household size, including him, or have an additional sponsor who can meet the requirements. Also he will not be able to leave the US for several months after filing; he has to wait until he receives his advance parole document.

[Transborderwife 4,666]

Did you two intend to marry when he came? If so, that is visa fraud. Be prepared for scrutiny while adjusting. It's not impossible, but it may be tough.

[Hypnos 6,576]

VWP stays cannot be extended; your only option would be to marry and file for AoS.

[Hypnos 6,576]

Did you two intend to marry when he came? If so, that is visa fraud.

No it isn't; people get married on tourists visas all the time.

A preconceived intent to marry and then adjust status can be considered visa fraud.

[Transborderwife 4,666]

No it isn't; people get married on tourists visas all the time.

A preconceived intent to marry and then adjust status can be considered visa fraud.

That's what I was saying...

[Shadaryia 11]

Thanks Belinda, I appreciate your reply. He is supposed to leave the U.S. by the 27th of January via the visa waiver program -if he does not leave by that date and we do not file the necessary forms until a few months later, say March 2015 will he be in trouble with U.S. Customs? I do not want him to become Illegal and never be able to get his green card.

[Transborderwife 4,666]

Thanks Belinda, I appreciate your reply. He is supposed to leave the U.S. by the 27th of January via the visa waiver program -if he does not leave by that date and we do not file the necessary forms until a few months later, say March 2015 will he be in trouble with U.S. Customs? I do not want him to become Illegal and never be able to get his green card.

He wouldn't be illegal, he's just out of status. His overstay would be forgiven as a spouse of a USC. As long as he doesn't commit any crimes, traffic offences, or come into contact with border patrol you're in the clear.

[Shadaryia 11]

Thanks for your replies. We did not intend to marry when he came October the 30th but after all the trouble he had going through customs and after being together we do not want to be separated and plan to marry and want to stay together. We were going to marry in April 2015 but moving the date up so we can hopefully stay together. I fear if he goes back to London January 26th, 2015 when his flight leaves that he will not be able to re-enter the U.S. or it will be a long time before we see each other again. U.S. customs in Atlanta, GA flagged him and he almost didn't get to enter the U.S. I fear they judge him because of his middle eastern looks. I do not know why they were so mean.

[Transborderwife 4,666]

It may not even have anything to do with his looks. Did he have a return ticket? A lot of luggage with him? Travelling alone? Unfortunately for many they can be refused or hassled for the slightest chance of suspicion.

[Shadaryia 11]

Well.... He did leave his return e-ticket with his mum in London >.> I was like - really??!? lolx He only carried a small suitcase with him and he was traveling alone. I did supply him with a letter of invitation and customs called me while I was waiting at the airport to pick him up after driving 5 hours to see him. Customs grilled me and gave me the 3rd degree. I begged the officer to let him in. It was not a pleasant experience at all.

[Hypnos 6,576]

The VWP requires a return ticket, so it isn't optional.

[Shadaryia 11]

I am very concerned that he if returns to London that I may never see him again or it will be many years of red tape

[Transborderwife 4,666]

If he returned to the UK you could always do a k-1 application. And I'm surprised that they called you. In my personal experience letters of invitation hold no sway, nor do they call/check with anybody listed in them. But then again this is coming from canada

Edited November 9, 2014 by Transborderwife

[Hypnos 6,576]

Certainly there is no guarantee of his future admission; I dare say it would be relatively simple for you to visit him though. Maybe that's an option?

Marrying and adjusting status is an option in your case.