Couple of questions regarding my options of getting married in America

[Freemind81 1]

Hello,

I never realized the extent and complication this whole processed involved. But I know there's alot of highly knowledgeable people on this board and would be extremely appreciative of any pointers.

I'm a US Citizen and met my gf in Japan when I was there for a couple of years. Recently things have become more serious and we've talked about marriage and moving to the next stage in our life.

She's visited me once in the States and I've visited her once after I came back to the U.S.

We didn't really think so far ahead into the future about marriage but the more we talked and things came about, the more we realized we wanted to get married to each other.

In doing my research (albeit beginners level research), I know the typical process is getting married and then applying for Spouse's visa. But our whole marriage idea came up abruptly and thinking of the long process (6-12 months?) it put a huge damper on our mood. Seeing as how we've been apart for so long already, the thought of another possible year is extremely hard to swallow.

She's coming to visit me and there were 2 options I was thinking of and wondering what the ramifications for either are:

1) I'm aware of the Adjustment of Status route. I know this is risky and immigration is trying to find people who had the intention of coming to the US on a Visa Waiver program to get married. But how risky is this? We're still trying to sort things out and while we did talk of marriage, nothing has been set in stone. How would they prove that our intention was to get married on the travel waiver program?

2) If we decided to go towards the right way, would we still be able to get married in the U.S. with the condition that she'll go back before the 3 months are up? And during that time until the Spouse Visa comes out, would she still be able to travel back and forth to the U.S. for up to 3 months at a time?

My apologies for the extremely long post but, this has been really eating up my mind lately. I've already spoke with 2 immigration lawyers. One just told me to not worry and just get married here and do the Adjustment of Status after 2 months. The other lawyer told me to go through the traditional route.

Thanks in advance everyone.

[Lainie B 465]

Moving post to "What visa do I need" forum

Have you considered the K-1 route? Might be a better option for you if don't want to be separated as a married couple.

[Freemind81 1]

Moving post to "What visa do I need" forum

Have you considered the K-1 route? Might be a better option for you if don't want to be separated as a married couple.

Correct me if I'm wrong though but the K-1 Visa requires a long waiting period until it's approved correct? And during that time she wouldn't be able to travel back and forth for 3 months at a time?

[JohnR! 5,495]

The K-1 visa should take on average than 6 months, during which your fiancee can visit you if she wants. You indicated you already know that the option you're contemplating is considered immigration fraud, so it would behoove you to consider the consequences if you decide to roll the dice.

Good luck whatever your decision.

Edited January 22, 2015 by JohnR!

[Freemind81 1]

The K-1 visa should take on average than 6 months, during which your fiancee can visit you if she wants. You indicated you already know that the option you're contemplating is considered immigration fraud, so it would behoove you to consider the consequences if you decide to roll the dice.

Good luck whatever your decision.

During the 6 or so months, can she come visit me as she pleases on the visa waiver program?

Ex: Stay 3 months with me in America. Then she goes back for a month or 2 and then come back for another 2-3 months, etc. until the K1 comes out?

Thank you.

[kilgore_trout 0]

Hi! I just had my K1 petition approved on Tuesday. It took us 3 months total.

I would not recommend having her come twice in a row for three months as there is a chance they will require 'ties to Japan' upon her second reentry to the US. If it is clear that she has no intention of returning to Japan then you can get into trouble. I had a friend from the UK who tried a similar route and was refused entry to the US on her second trip and had to fly home at her own cost.

[JohnR! 5,495]

Yes she can visit, however the time she'll be allowed in the country will depend on the CBP officer at the POE. Also bear in mind she will have to collect documents and have a medical examination done so she will need to spend some time in Japan to get it all done. She will also have to collect her visa at the consulate in Japan so she'll be busy during this time. It's true there is a lot of waiting but there is also a lot of doing and preparing during the waiting, including getting her affairs ready to move, such as closing bank accounts, emptying her home, preparing the move, etc.

During the 6 or so months, can she come visit me as she pleases on the visa waiver program?

Ex: Stay 3 months with me in America. Then she goes back for a month or 2 and then come back for another 2-3 months, etc. until the K1 comes out?

Thank you.

[Freemind81 1]

I'm planning to get married soon and these 2 options are what I've come down to. I was originally thinking of having my gf come here on the VWP, get married here, and then do an adjustment of status.

But looking at the potential risks involved (even if it's 1%), it would absolutely destroy me and I would never be able to live with myself if she got rejected and deported.

So I'm debating between the K1 and CR-1.

I know the CR-1 takes longer but, it includes the green card and everything is done. No need to wait extra time for the green card.

But my big question is with a K1 or CR-1 visa process, can she come and visit me as she pleases until the visa comes out?

We've been apart for a while now and it's going to be even longer now. So I'm trying to reduce the amount of time we are apart.

Since she's on the VWP, can she theoretically, visit me for 2-3 months, leave for another couple of months, and then come back for a couple of months until the visa comes out?

Would this be possible on the K1 or CR-1 visa?

[Lainie B 465]

She can't use the VWP to live in the US while she is waiting. But she can use the VWP to visit. She can do this whether she's waiting on the K-1 or the CR-1. She needs to heed the usual caution for anyone visiting on the VWP. She should be prepared to prove she has ties back in Japan, though this is rarely asked for. She will definitely need a round trip ticket with a return date of 90 days or less. However ultimately it is up to CBP to determine whether she is abusing the VWP. There are no set rules about how much time she can stay in any one year (other than maximum is 90 days in the US at a time), and how long she needs to wait before returning to the US for another stay. Nobody here can say for sure whether she will be allowed in, particularly for the second 2-month visit you are planning.

Also be aware that she will need to be physically in Japan for an extended period to apply for the visa, submit documents, do a medical, and attend the interview. The visa doesn't just come automatically.

[NikLR 13,227]

yes she can visit while either visa process is going on. She needs to provide ties to her home in Japan if asked to do so (like a letter showing she is returning to a job, a copy of a lease or bills etc...) She still can only stay for 180 days a year as far as I understand the VWP but only 90 days at a time. You NEED to make sure she's leaves before the 90 days because if she fails to do so, she is unable to continue using the VWP.

[TBoneTX 45,292]

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