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MonMar

Marriage on ESTA and then return home

By MonMar in Adjustment of Status Case Filing and Progress Reports

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MonMar Newbie

MonMar   0

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Filed: Timeline
Posted (edited)

Hi,

I have a quick question . My BF lives in the U.S . We have been daiting for 1,5 years. We are planning to get married in September next year. Can we do this while I´m there on my ESTA and then I will return back home . Then reenter the U.S on a ESTA 3 months later . Can we faile for AOS at that time, beacuse we will be married already? Or is that a really bad idea?

//M

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Shauneg Experienced

Shauneg   762

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Really bad idea. You can't come here knowing you are going to adjust. You can

1. get married and adjust know since you're here.

2. Or get married, leave and file for a spousal visa,

3. or leave and file for a fiance visa.


Really bad idea. You can't come here knowing you are going to adjust. You can

1. get married and adjust now since you're here.

2. Or get married, leave and file for a spousal visa,

3. or leave and file for a fiance visa.

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canadian_wife Grand Master

canadian_wife   1,822

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Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Your plan is a really bad idea because it is visa fraud.

VWP is perfectly OK to use to get married and leave. It is the coming with intent to AOS that is the visa fraud part.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
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March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
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Interview
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Removal of Conditions
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Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
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Citizenship

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Waited...

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MonMar Newbie

MonMar   0

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Filed: Timeline
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Aha , so IT is okey to get married on a VWP then leave and apply for spousal visa? But I know it is fobidden to get married on a VWP and ajust while beeing on a VWP. We are absolutly not trying to fool anyone. What is the best way to go about it, beacuse we really want to get married in the US?

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Shauneg Experienced

Shauneg   762

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Aha , so IT is okey to get married on a VWP then leave and apply for spousal visa? But I know it is fobidden to get married on a VWP and ajust while beeing on a VWP. We are absolutly not trying to fool anyone. What is the best way to go about it, beacuse we really want to get married in the US?

If you are here now you can marry and adjust while you're here. You did not come here trying to get marry and adjust.....you did not come here with that intention so it's ok.

If you came here knowing you were going to get married and stay than it would be immigration fraud.

I know it's a fine line, but it's there and you can stay since you're here already or you can marry and go home to shore things up there while waiting for a spousal visa.

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MonMar Newbie

MonMar   0

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Filed: Timeline
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If you are here now you can marry and adjust while you're here. You did not come here trying to get marry and adjust.....you did not come here with that intention so it's ok.

If you came here knowing you were going to get married and stay than it would be immigration fraud.

I know it's a fine line, but it's there and you can stay since you're here already or you can marry and go home to shore things up there while waiting for a spousal visa.

How long does it take to get at spousal visa ?

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Shauneg Experienced

Shauneg   762

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Filed: K-1 Visa Country: Philippines
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Posted

Then I understand , well I guess it´s best to have a attorney to help us with this process so we don´t break any rules and get into truble.

You realy dont need one, are you willing to get married and stay right now? If so marry and adjust.....no attorney needed. Look on this forums hundreds of stored the same as yours and there are never issues unless you got here yesterday off the plane then it's obvious you meant to come and stay.

How long does it take to get at spousal visa ?

10 months or so.

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

So you'd be on the CR-1 path. You are not currently in the US.

So...come to the US and get married. Then leave when you are instructed to do so. File for the Cr-1 visa (see the guides) anytime after the marriage once you have the marriage certificate.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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MonMar Newbie

MonMar   0

Posted
Filed: Timeline
  • Author
Posted

So you'd be on the CR-1 path. You are not currently in the US.

So...come to the US and get married. Then leave when you are instructed to do so. File for the Cr-1 visa (see the guides) anytime after the marriage once you have the marriage certificate.

Good luck

Ok, but the processingtime for that is months and months :-( we have already lived appart for so long . That sucks ...

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Ok, but the processingtime for that is months and months :-( we have already lived appart for so long . That sucks ...

As nicely as I can say it, this is immigration. Tough bananas we all have to deal with it sadly

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Would it be quicker for him to be the one to move?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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bendinlar Enthusiast

bendinlar   16

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
 Timeline
Posted

K-1 is the other option. File as soon as the divorce and citizenship are done. Downside is the adjustment afterwards, and not being able to work till the ead/ap card arrives, but the timeline on the k-1 is a little shorter to get here and be together.

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Shauna&Wael Collaborator

Shauna&Wael   211

Posted
Filed: IR-1/CR-1 Visa Country: Tunisia
 Timeline
Posted

As nicely as I can say it, this is immigration. Tough bananas we all have to deal with it sadly

Won't it be a lot easier for them since she has the VWP and can visit him basically whenever she wants as long as she leaves in the alotted time frame?

"A million years if I could live,
A thousand lives if I could give,
I would spend it all again with you,
Don't forget where you belong,
Only with me you are strong,
Not even the gods above can break,
Baby what we have"

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