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Getting Married on Visa Waiver Program? (merged)

By linimouse in What Visa Do I Need - Family Based Immigration

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linimouse Newbie

linimouse   0

Posted
Filed: Country: Germany
 Timeline
Posted

Hi there community,

Does anyone of you have experience getting married under the Visa Waiver Program (VWP)?

I heard that it's safest to go on a fiancée visa, but also that it takes a long time to get issued...

What's your advice: marry stateside on a A) tourist visa (VWP) or a B) fiancée visa or get married in another country and then file paperwork for the U.S.?

Help and input is much appreciated.

Lini

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linimouse Newbie

linimouse   0

Posted
Filed: Country: Germany
 Timeline
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Posted

Hi there community,

Does anyone of you have experience getting married under the Visa Waiver Program (VWP)?

I heard that it's safest to go on a fiancée visa, but also that it takes a long time to get issued...

What's your advice: marry stateside on a A) tourist visa (VWP) or a B) fiancée visa or get married in another country and then file paperwork for the U.S.?

Help and input is much appreciated.

Lini

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leishi Enthusiast

leishi   11

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

you can certainly get married on VWP (and go back to file immigration visa), but if the intention is to use VWP to come and get married and adjust, then it's visa fraud.

edit for typo

Edited by leishi
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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Unless they're already in the US, it's considered fraud if you intend to enter the US just to adjust status.

If they're not in the US, go with either K1/CR1. This guide will give you the comparison: http://www.visajourney.com/content/compare

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Alaska2012 Proficient

Alaska2012   462

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

Get married, file the paperwork and go back home and wait it out.

Noa 1 August 15th 2011
Noa 2 March 2nd

NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30

Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!
POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

The burden is not on you to prove that you entered the US without the intent to adjust status.

If you would like to adjust status in the US, you can go ahead and get married and file the paperwork. Just know that you won't be able to leave the US/work when your petition is pending until you receive the EAD/AP authorization.

If you need to go back home for any reason, it's best to continue with the CR1 visa.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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puppalo Rookie

puppalo   5

Posted
Filed: Timeline
Posted

How long have you been in the US?

http://www.nolo.com/legal-encyclopedia/will-3060-day-rule-help-clear-suspicion-about-your-intentions-upon-us-entry.html

This is the guidance USCIS has given on the issue. VWP in and of itself isn't a problem, it's immigrant intent when you entered (including intending to marry and adjust status). Lots of visas aren't for immigration (B, J, F) and people do AOS while in the country. You can find lots of successful examples of all four cases in the forums (and of course, a few horror stories). If you are uneasy, you can use an attorney, but be selective. These aren't particularly hard forms to fill out, just tedious, and I think the field attracts some lawyers that aren't exactly our best and brightest. I have met some that gave advice I knew to be incorrect/potentially jeopardize someone's green card application.

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

You can marry and AOS if you choose since you are already here. If you were not the story would be different.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Mrs.Hull210 Explorer

Mrs.Hull210   24

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

My husband Entered the USA on Visa Waiver and we got married. He then returned to his home country of England and continued to come back to the USA for visits, and was never given any problems coming and going. Our original plan was for me to move to England with him in a few years when both of my kids were a bit older, but while he was here I had some serious medical issues arise, and he decided not to go back so he could be here with me while I get treatment. All our plans changed in one Dr.'s visit... we decided to file AOS for him, and guess what, our interview was yesterday and we were APPROVED!!!

I personally agree with those who said to stay and adjust your status since you are already here. It's legal, and as long as you understand you can not leave the country until after your receive your AP card (if you choose to file for it) you should have no problem. And as stated before, you will not be interrogated about what your intentions were when you entered now that you are already here. I know from experience as nothing in our interview yesterday was asked of why he choose to stay, or why we married while he was here on VWP. Good luck!

06/02/2012- Our Paths Crossed Over Facebook, Two Worlds Became One, Even With An Ocean Between Us ... The Beginning Of "US" (L)

12/07/2012- We Made It OFFICIAL! A Long Distance Relationship Began, Because Being Friends Just Wasn't Enough!

10/09/2013- Patrick Flew From London, England To San Antonio, Texas For Our FIRST Visit Together! Entered on VWP

10/15/2013- OMG!!! Patrick Proposed To Me At The Famous San Antonio Riverwalk, And It Was PERFECT!!!

10/19/2013- We Said Our "I Do's" We Are Married!!! We Knew It Was Meant To Be...

10/19/2013- We Traveled To Corpus Christi, Texas Beach With Family & Friends For Our HONEY-MOON! BEST TRIP EVER! :luv:

06/06/2014- Patrick Flew From London, England Back To San Antonio, Texas For Our SECOND Visit Together! Entered On VWP

10/04/2014- Patrick Flew From London, England To San Antonio, Texas For Our THIRD Visit Together! Entered On VWP

10/19/2014- We Celebrate Our One Year Wedding Anniversary! It's Been A Magical Journey So Far...

06/21/2015- Patrick Flew From London, England To San Antonio, Texas For Our FOURTH Visit Together! Entered On VWP

07/28/2015- I Get Some Serious Medical Diagnosis That Will Require Biopsies, Possible Surgery, And Other Treatments... :cry:

07/31/2015- Patrick Decides He CAN NOT Leave Me To Go Through This Alone... We Decide Together He Needs To Stay For Me & Our Kids

08/11/2015- Mailed Out I-130/I-485/I-765- CONCURRENT FILING AOS FROM VWP . And So It Begins, Our Immigration Journey Is Another Chapter In OUR Book (Day 0)

08/13/2015- Package "Delivered" To USCIS VIA USPS (Day 2)

08/14/2015- "PRIORITY DATE"

08/18/2015- NOA1 Received By E-mail (Day 7)
08/19/2015- Money Orders Cashed (Day 8)
08/22/2015- Received All NOA1 Hard Copies In Mail From NBC (Priority Date 8/14/15) (Day 11)
08/28/2015- Received Biometrics Appointment Letter In Mail (Day 17)
08/28/2015- RFE Notice Received Electronically For I-485 (Day 17)
09/03/2015- RFE Hard Copy Received For I-485 (Joint Sponsor Work Verif., Petitioner's Current 1099, & Letter Of Explanation For Not Filing Taxes) (Day 23)

09/10/2015- Biometrics Completed (Day 30)
09/14/2015- I-94 Expires (Day 34)

09/14/2015- RFE Documents Mailed Out For I-485 (Day 34)

09/16/2015- RFE Documents "Delivered" To USCIS VIA USPS (Day 36)

09/17/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 37)

09/23/2015- Spoke To Supvr. Mata @ NCSC About Re-Submitting Corrected RFE. (Instructed To Resend Corrected RFE Pkt.) (Day 43)
09/24/2015- Resent RFE Pkt. VIA USPS (Fingers Crossed They Accept It!!))) (Day 44)
09/26/2015- RFE Documents "Delivered" To USCIS VIS USPS (Day 46)

09/28/2015- RFE Documents Received By USCIS & Updated Online For I-485 (Day 48)

10/14/2015- I-765 EAD Card Production / I-765 Case APPROVED!! :dancing:(Day 64)

10/17/2015- I-765 EAD Card Mailed Out (Day 68)

10/19/2015- We Celebrate Our Two Year Wedding Anniversary!! The Second Year Has Been As Amazing As The First! :luv:

10/21/2015- EAD In Hand! / Applied For Social Security Number (Day 71)

10/26/2015- Social Security Card In Hand! Woo Hoo! (Day 76)

11/10/2015- Patrick Starts Working! :dancing:(Day 92)

12/02/2015- I-485 AOS Interview Notice Received Online :content: (Day 114)

12/04/2015- I-485 AOS Interview Notice Hard Copy Received In Mail (Day 116)

01/12/2016- INTERVIEW DATE!! APPROVED ON THE SPOT!! Green Card Being Produced (Received Alert By Text 20 Minutes After Interview!! Updated Online) (Day 155)

01/15/2016- Green Card Mailed (Day 158)

01/19/2016- "Welcome Letter" Received By Mail/ I-130 Approval Letter Received By Mail (Day 162)

01/21/2016- 10 Year Green Card Received In Hand!! (Day 164)

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tomriesgo Enthusiast

tomriesgo   39

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I came on the WVP and got married that was March 1st and we filled in March, it took 90 days for my EAD to be approved and I'm still waiting on an interview date.

Adjustment of Status (AOS), Removal of Conditions (ROC) Followed by N400 

 

AOS from ESTA

03-13-2015: AOS Packet Mailed to Chicago Lockbox Facility via USPS

03-14-2015: Arrived at Post Office Chicago, IL

03-17-2015: AOS Packet received by USCIS

03-23-2015: Text/ Email Notification: Notice of Acceptance

03-28-2015: NOA1 for AOS, AP & EAD received in the mail

04-03-2015: Notice of Appointment for Biometrics on the 14th of April at 9 a.m arrived with lawyer

04-07-2015: Notice of Appointment for Biometrics on the 14th of April at 9 a.m arrived at my address (lot slower)

04-06-2015: Early walk in for Biometrics complete 6th April, walked in at 3pm and spoke with the centre manager

05-14-2015: Expedite request made

05-15-2015: USCIS site says expedite complete but no change.

06-01-2015: Case enquiry opened with USCIS as its passed 75 days.

06-02-2015: EAD/AP card in production and to be distributed.

06-05-2014: Hard copy notice to say EAD approved.

06-08-2015: EAD Card arrived in the mail.

08-25-2015: 161 Days since filing and no interview date.

01-12-2016: 300 Days since filingand no interview date.

02-24-2016: Case scheduled for Interview March 26th 2016 (347 days after filing and will be well over a year come interview date).

04-02-2016: GREEN CARD ARRIVED.
 
ROC I-751
01-02-2018: ROC I-751 package sent
01-03-2018: I-751 signed for in California 
01-08-2018: NOA-1 Received (1 year Extension Letter)
03-20-2019: ROC APPROVED (442 DAYS since APPLYING) 
 
N400
12-28-2018: N400 Submitted Online 
01-12-2019: Biometrics for N400 
10-04-2019: N400 Interview PASS
10-31-2019: I AM A U.S. CITIZEN!!!!!!!!!!!!!!!!!!!!!!!!! ITS OVER
 
 

 

 

 
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Boiler Grand Master

Boiler   45,536

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

Afree, unless there is a particular reason you need to leave within say the next 90 days, marry, file and adjust.

“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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amberammo9915 Explorer

amberammo9915   19

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

My husband Entered the USA on Visa Waiver and we got married. He then returned to his home country of England and continued to come back to the USA for visits, and was never given any problems coming and going. Our original plan was for me to move to England with him in a few years when both of my kids were a bit older, but while he was here I had some serious medical issues arise, and he decided not to go back so he could be here with me while I get treatment. All our plans changed in one Dr.'s visit... we decided to file AOS for him, and guess what, our interview was yesterday and we were APPROVED!!!

I personally agree with those who said to stay and adjust your status since you are already here. It's legal, and as long as you understand you can not leave the country until after your receive your AP card (if you choose to file for it) you should have no problem. And as stated before, you will not be interrogated about what your intentions were when you entered now that you are already here. I know from experience as nothing in our interview yesterday was asked of why he choose to stay, or why we married while he was here on VWP. Good luck!

May I know how was your interview? And what were the questions asked? I am scheduled in February so I am very anxious to know how it is. Thank you and Congrats!!!

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IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

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

Should have clarified... we're already in the U.S.

How can we prove that we haven't been planning it all along though??

It is up to you to prove that. No one here can tell you how you two decided to get married.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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