Possible to extend stay on a 90 day visa waiver?

[Shadaryia 11]

Well the officer called my home number and my cell phone and asked me 3 or 4 times what is the nature of my relationship with him. They asked if I was a citizen and asked what I did for work. My fiancé had an officer ask him if he was coming to the U.S. to marry. We weren't planning to marry

Regardless, we just want to stay together and not be separated. I do not want him to leave me and go back to London.

I appreciate everyone's replies

[Shadaryia 11]

U.S. customs has my address, email, phone number etc. I hope that if he doesn't board the plane back to London by the end of 90 days that they will not come banging on my door looking for him. Yes, I worry in my ignorance. Thanks again

[MacUK 983]

I do not know why they were so mean.

No offence, but they were doing their job.

Their job is to make sure people entering the US are doing it for the right reasons and intents. Someone coming in to see their fiance for the maximum possible visit length with no return ticket on them will raise suspicions. It's nothing to do with his looks.

If he has nothing he needs to return home for over the next few months and you've got all your financial information sorted out then your best bet would to marry and adjust status.

While there are some here (myself included) who don't agree that this path should be possible, it is a perfectly legal route for you to take.

[yuna628 9,728]

U.S. customs has my address, email, phone number etc. I hope that if he doesn't board the plane back to London by the end of 90 days that they will not come banging on my door looking for him. Yes, I worry in my ignorance. Thanks again

Being grilled is a terrible experience, believe me, as I've been on the receiving end of it in your fiancé's country. And I can understand the amount of fear it has instilled in you. But keep the following in mind, before panic sets in.

For all the mean and nasty stuff that went on, the fact is, they *did* let your fiancé into the country on the VWP. He wasn't banned. He wasn't chucked out. He legally came in. Therefore, I should think that there would be nothing on his record to reflect that he has done any wrongdoing. If he went back home for instance, and you filed a K1 and all the other documents, he'd never ever have to answer to the fact that he was chucked out -- as he never was. If he was ever questioned about it during his interview he has the right to explain the situation and judged fairly. There's a chance it may never even come up.

Now people here have given you advice of what to do, but I would raise a tiny point here: the IO's suspected your husband of trying to most likely marry you on the VWP, stay, and adjust which they were not happy about so this is why they gave you a hard time. As it turns out now, this is exactly what you are considering. You may not have planned it, but are now thinking about it. If that did ever come up during the adjustment process, wouldn't it stand to reason it doesn't appear favourable to you? And yes I know, what something looks like, isn't what it is, but that will always be left up to the official to decide. Remember the burden is on the couple to prove that they did not have any preconceived plan of marrying, something they suspected In the first place.

I know how hard and painful it is to say goodbye to someone you love in an airport. I think we've all pretty much been down that road... and it isn't pretty. Just make sure, if you are intending now to marry him, that you have enough proof because they are the ones making judgments on your motivations and actions. As the poster states above, I do not agree with some of the advice given here, even though you are able to do it. I will just say don't let fear motivate you if you do love each other, let informed decision making motivate you.

Edited November 10, 2014 by yuna628

[Hypnos 6,578]

Remember the burden is on the couple to prove that they did not have any preconceived plan of marrying

No it isn't. The couple needs to prove they are eligible for the benefit they seek and that the alien entered legally. That's it.

If USCIS suspect impropriety then the burden is on them to prove it, not the other way around.

[yuna628 9,728]

No it isn't. The couple needs to prove they are eligible for the benefit they seek and that the alien entered legally. That's it.

If USCIS suspect impropriety then the burden is on them to prove it, not the other way around.

Which is what I was alluding to, Hypnos. If the subject never comes up, then fine. However if the subject did come up, they would be obligated to explain why the visit turned into marriage yes? And the officer would then also have a judgment call to make, and if is suspicious, may or may not require them to provide proof that it was a spontaneous action and not a preconceived one. And if no proof then it is certainly up to that officer whether or not the couple is believed. Chances are it will all certainly work out fine.

Edited November 10, 2014 by yuna628

[Transborderwife 4,666]

Which is what I was alluding to, Hypnos. If the subject never comes up, then fine. However if the subject did come up, they would be obligated to explain why the visit turned into marriage yes? And the officer would then also have a judgment call to make, and if is suspicious, may or may not require them to provide proof that it was a spontaneous action and not a preconceived one.

Particularly as (I'm assuming, forgive me if I'm wrong) this is the first meeting.

[icv21 110]

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.

Something similar happened to us. I had a VERY bad experience at the airport the last time I came here to visit. But it was in Philadelphia we actually live in Atlanta and I LOVE the way they always treated my in atlanta,

But well... my now husband felt the same way you mention, I mean they directly told me I wouldn't be able to come to this country again, they called him on the phone to tell him... Even I was in a room for two hours while they were deciding what do to with me! It's a very long story.... But at the end of my trip he proposed and asked me to stay because of what happened he didn't want me to leave.

I came here with VWP we got married a few days after we got engaged to be able to file for AOS ( we didn't know how it works or even knew it was possible ) and here I am now waiting to hear from USCIS.

Only thing is you have to be honest, if it was the main plan of the trip just go back and file for a K-1 if it's a new decision I would say go ahead but once he stays he has to stay! He CANT leave the country, can't go to pick up clothes, can't go to the bank.... To do anything! Until he has AP or I would say his Green card.

My family had to travel to my apartment and send my all my winter clothes.... My cat is still with a family member.... My mom was able to go to the bank and send me my money..... Call my phone company and all those things.

Good luck with what ever you 2 decide!

Edited November 10, 2014 by IRIScv

[Shadaryia 11]

Thanks for the Reply Iris <3 It is so nice to hear from someone that relates and has had a similar experience. My fiancé and I want to do things the correct way but do not want to be separated. I would go to London to be with him but I have 3 young children here in the U.S. from a previous marriage. I have never dated anyone from outside of the U.S. so all this is new to me. I have not a clue of what to do but just know that I love him with all of my heart and soul. The idea of being separated from him and see him walk off to board a plane back to London 5000 miles away absolutely kills me, especially not knowing when I will get to see him again. Ours is a deep love, soul mates - he is the air that I breathe. I say all this from one female in love to another and I am so glad for your reply. I hope all goes well for you and your husband as well as all the other people that are in love just wanting to be together.

[Shadaryia 11]

Where do we file (AoS) adjustment of status after we marry beginning of January 2015? Is that the I-485/ I-130? Thanks again to everyone!

[Ian H. 207]

You have to file the forms with USCIS. I will post a link with the guide on how to prepare the AOS package. Please follow the instructions on each form carefully and if you have questions, please ask. Both the I-130 and the I-485 have their own fees by the way, you would submit both at the same time plus the evidence and other forms. Good luck.

http://www.visajourney.com/content/i130guide2

Where do we file (AoS) adjustment of status after we marry beginning of January 2015? Is that the I-485/ I-130? Thanks again to everyone!

[Transborderwife 4,666]

Where do we file (AoS) adjustment of status after we marry beginning of January 2015? Is that the I-485/ I-130? Thanks again to everyone!

Make sure that you follow the guides. He will need his birth certificate. The entire process is about $1800. As well, you mentioned that you have 3 children. Your salary will need to be at least $29,812. If not, you'll need a co sponsor. I wish you luck and happiness.

[Cathi 5,794]

Is this the first time you've met, just curious?

[SantyAndAllie 155]

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.

Normally I don't go through groups and respond, BUT I saw yours & thought I'd respond to this!

First of all- my fiance can also come on VWP with his Spanish passport, BUT our lawyers advised us to not marry during that time due to it looking 'fishy' and can cause problems down the road. Think about it- he comes legally on the VWP as a TOURIST only, which tells him he has 3 months to visit, and then gets married during that time? Looks to the gov like he's just marrying for the GC so he can stay longer, which you know is something they're always getting on people for. So just be careful for that. As much as you want to be together, I'd advise you to do it the legal and safe way of getting a K-1 visa or even K-2 visa after marriage in the US (but he'd have to return to UK). As much as it may hurt to wait a day more, that's what a LOT of us are doing in order to not have problems during your adjustment of status or anything like that. It can become an intent issue, as stated previously. They'll consider it "lying" if you have to convince them at the border that he'll be leaving after 90 days when your intent is to actually stay and marry. A whole lot of legal stuff basically to say that it's really not recommended to do anything but tourism on a tourist visa, EVEN if people still don't follow that rule. Just play that safe. Otherwise you risk problems later on. This is the reason K-1 & K-3 visas exist, and though an annoying & costly process, it is a better option for you. (We can all give you more info on that if youre interested in it.) I'd highly recommend it.

Second of all- honestly, it depends on the airport and the people working there. My fiance came into JFK his first time in the US with VWP. Absolutely no problems. Customs took 2 minutes. One question, and done. That was it. The SECOND time he came to Newark, NJ, and they took EVERY SINGLE PERSON on his flight to second immigration, where they grilled them, tried to trick them, and LIED to them. They then called me, didn't even tell me who they were, and started grilling me. And they LIED to me, telling me my fiance said a different thing that I did, when it wasn't true.

My point is- sometimes people in those positions are on a power trip. They have the ability to mess with people, unfortunately, so they sometimes do. It was so screwed up of them, especially seeing as my fiance did nothing at all suspicious and gave them everything they needed. It doesnt have to be about your fiance's looks, though it could be a factor. They did the same thing to everyone else on my fiance's flight, too, and they were all different. Also, the people in those positions also don't fully understand the VWP sometimes, so they give people a hard time when they come in on one. My lawyer explained this to us, because I, too, feared my fiance would have problems coming the next time, and asked why we got grilled.

That's exactly why you should do it the safe way and have him come on a fiance visa. That way, no matter what they do in the airport, you can call for legal help because he'll HAVE his visa in hand. He'll have been approved, and there won't be much they can do to taunt him.

Check out this site for some options for you, too:

https://immigrationidaho.com/can-i-get-married-on-tourist-visa/

An important point to bring home with this site:

"In most circumstances, you can enter the United States, get married and then return to your home country. But, getting a tourist visa, or entering the United States on a tourist visa or the visa waiver program, for the purpose of getting married can be difficult. This is because you cannot enter the United States in this way if you are planning to remain in the United States as an immigrant. If you plan to get married, it may be difficult to convince the consular officer and border control officer that you only plan to stay for your wedding and then will be returning to your home country."

Anyways, I wish you the best of luck to you both & message me if you have any questions!

-Allie

Edited November 10, 2014 by lovecometruex

[SantyAndAllie 155]

Thanks for the Reply Iris <3 It is so nice to hear from someone that relates and has had a similar experience. My fiancé and I want to do things the correct way but do not want to be separated. I would go to London to be with him but I have 3 young children here in the U.S. from a previous marriage. I have never dated anyone from outside of the U.S. so all this is new to me. I have not a clue of what to do but just know that I love him with all of my heart and soul. The idea of being separated from him and see him walk off to board a plane back to London 5000 miles away absolutely kills me, especially not knowing when I will get to see him again. Ours is a deep love, soul mates - he is the air that I breathe. I say all this from one female in love to another and I am so glad for your reply. I hope all goes well for you and your husband as well as all the other people that are in love just wanting to be together.

Girl, I feel you. I think all of us on here do!! My fiance & I want so badly to stop the distance and just be together. No one wants to wait another day; it's heartbreaking. But you've got to do it the right way so that in the end you'll be joyfully together without separation & problems (as I said above!). Another reason why this site is so great. It's helped me be encouraged by the thousands of others in the same place as me, waiting for the K-1 visas, too. It's hard to keep waiting, but it's so worth doing the right thing. You may regret it if you don't, and God forbid they give him problems about being in the US if you DO get married! I know youre worried about him not being able to come back, but if he has a visa, he will! If you try to deal with the marriage stuff while he's on a tourist visa, there's a chance that they COULD send him back to the UK due to him "lying" about his intent at customs.