Possibly the most complex visa related question in the world!!!

[Bethers 0]

I have come to the conclusion that my situation is far to complex for me to come to a workable solution.

I am a UK citizen and after living in the US on an E2 visa for 3 years i returned to the UK in April 2015, I then spent 3 months on the VWP from August to Nov living in TX with my gf which was fine. I returned before the time i was required to do so.

My girlfriend is on a 10 yr green card and is just about to apply for naturalization, she is also going through a divorce to her US citizen ex husband which is looking to be completed in March of this year. She also has two beautiful girls aged 2 and 8 who are US citizens.

We want to get married and have spoken about how this can work but appreciate it is dependant on her gaining citizenship and concluding her divorce which is imminent.

She has been advised due to her having two children and because she has been in America for over 10 years that citizenship will not be an issue whatsoever. Her ex is also keen for her to stay in TX which is part of the divorce agreement.

I plan to go back in march/april and had thought about whether i could return on the VWP and then extend my stay past the 90 day period by applying for a fiancee visa once the divorce and citizenship have both been concluded. Is this possible?

I have read somewhere that you can extend your stay past the visa date should your status change, does apply in my situation?

Edited January 21, 2016 by Bethers

[Transborderwife 4,666]

Not complex at all. Vwp isn't extendable. A k1 will take 6 months to 1 year.

Edited January 21, 2016 by Transborderwife

[Bethers 0]

Can i start a K1 visa application before she has naturalized?

[Merrytooth 5,748]

She has to be US citizen before she can file I-129F for you.

[Transborderwife 4,666]

Only citizens can petition

[Nich-Nick 3,354]

She has to be unmarried to start a K1 petition as well.

[aaron2020 11,651]

This is not complex at all. This is rather simple.

You can not extend your 90 days on the VWP. That's one of the condition of using the VWP; no extensions.

You don't need a visa if you are already in the US. Visas are for entering the US.

Only a USC can file for a fiance. Green card holders can not file for a fiance.

You can not wait in the US to process for your visa.

Your girl is getting divorced in March. She hasn't file for naturalization which could take a year.

There is only one choice until she becomes a USC. Once her divorce is finalized, you two can get marry and start the immigration process. It will take 1-2 years. She can upgrade the case when she becomes a USC.

There is no path that will get you into the US this year to immigrate. You are looking at end of 2017 or 2018.

Edited January 21, 2016 by aaron2020

[Transborderwife 4,666]

This is not complex at all. This is rather simple.

You can not extend your 90 days on the VWP. That's one of the condition of using the VWP; no extensions.

You don't need a visa if you are already in the US. Visas are for entering the US.

Only a USC can file for a fiance. Green card holders can not file for a fiance.

You can not wait in the US to process for your visa.

Your girl is getting divorced in March. She hasn't file for naturalization which could take a year.

There is only one choice until she becomes a USC. Once her divorce is finalized, you two can get marry and start the immigration process. It will take 1-2 years. She can upgrade the case when she becomes a USC.

There is no path that will get you into the US this year to immigrate. You are looking at end of 2017 or 2018.

Bravo Aaron for another comprehensive answer (I truly mean that)

[Bethers 0]

Ok so she needs to be divorced and naturalized to obtain a K visa for me. Do I need to obtain a K visa in order to enter the US and marry or can i marry her within the 90 days a Esta would give me

[yuna628 9,676]

She needs to be a citizen and unmarried as others have said here. But also be careful of how much use of the VWP you are doing. You left the US sometime in Nov and wish to come back, I presume for another lengthy period of time on the VWP. I would suggest holding off a while and try later in the year. You need to spend a good period of time out of the US so as not to appear that you should want to be abusing the program or flag suspicion. Coming on the VWP with the intent to marry and not return home is fraud. You are free to marry on the VWP and return home, then she would have to file a spousal visa which takes some time. Otherwise use a K1 which allows you to enter the US with the intent to marry, stay, and adjust.

Edited January 21, 2016 by yuna628

[Transborderwife 4,666]

Ok so she needs to be divorced and naturalized to obtain a K visa for me. Do I need to obtain a K visa in order to enter the US and marry or can i marry her within the 90 days a Esta would give me

Sure, if you want to go home for a year for a spousal visa.

[aaron2020 11,651]

You can marry her in the US on the VWP. Then, you will have to return home while she files for you. It will take about 1-2 years to get you an immigration visa.

We are not screwing with you. This is your only LEGAL path here.

[Darnell 8,478]

I plan to go back in march/april and had thought about whether i could return on the VWP and then extend my stay past the 90 day period by applying for a fiancee visa once the divorce and citizenship have both been concluded. Is this possible?

applying, solely, gets you no status in which to stay in the usa.

[Bethers 0]

So to confirm the best way to do this would be to obtain a K visa once she has divorced and naturalized. This cannot be done before she becomes a citizen or it is not advised?

Travel to the US on the VWP in the interim and adhere to the 90 days length of stay period.

I gather obtaining a K visa can take between 2- 12 months currently in the UK with all the correct paperwork, i cannot travel to the US within in this period, is this correct?

Once the K visa has been obtained i can stay in the US and adjust status my status once we are married.

Anything else?

[Nich-Nick 3,354]

So to confirm the best way to do this would be to obtain a K visa once she has divorced and naturalized. This cannot be done before she becomes a citizen or it is not advised?

A part of the requirement for the fiance petition approval is prove you are a U.S. Citizen and submit any divorce decrees. Without that, it will be denied.

Travel to the US on the VWP in the interim and adhere to the 90 days length of stay period.

YES

I gather obtaining a K visa can take between 2- 12 months currently in the UK with all the correct paperwork, i cannot travel to the US within in this period, is this correct?

The petition part yes, but there's the visa application and processing in the UK that is about 2.5 months minimum. There are many parts to the process. You can travel. .

Once the K visa has been obtained i can stay in the US and adjust status my status once we are married.

Only of you marry within 90 days of coming on a K1.

Anything else?

Yeah. Lots.

Edited January 21, 2016 by Nich-Nick