What if I get married in States before approval of I-129f on visa waiver?

[ninz 14]

I'm french, currently living in Thailand where I have met my american boyfriend. My boyfriend's work contract will end on April 1, which means he has to go back to America, yet we want to be together.

First we planned to get marry asap and apply for wife's visa for me, but It took us 3 months to do all the paperwork to get locally married. Yet recently we were informed we still can't get married because my embassy did some stupid mistakes in paperwork and now I have no time start all over to correct all the mistakes and translations/legalisations as my american fiance has to go back to States asap, while I'm here in Thailand waiting for my son to end his school semester and I'm still trying to find a tenant for my property. And I need to move in States in July because my son has to start school in August no matter what. Once I move to States, I am not planning to come back in Thailand for interview, we simply can't afford that. We applied for K1 visa, sent petition on March 20, then we learnt it takes sooo freaking long, it won't be done by July-August and my kid has to start the school in States in August.

What if I go to States before petition is approved and I will get married there on visa waiver or tourist visa? Is there any consequences, is there any other options for us?

[Alaska2012 462]

To get married on visa waiver is fine. To get married with the intent to adjust status on visa waiver is fraud. Maybe look into moving later, perhaps for Christmas break? If you have all paperwork lined up you might be able to make it for Christmas

[Cathi 5,755]

coming to the US on the VWP with the intent to marry, stay and adjust status is immigration fraud, it's illegal. The consequences are denial, with no appeal if denied.You can marry and return home. If you do so you will have to start over with a CR-1 visa.

It never ceases to amaze me the number of people who come here daily and ask this very question.

[ninz 14]

How recent is this information? When I read the posts of 2011, I see everyone is talking about the fraud. But when I read articles about new memorandum in 2013, I don't see any mention of fraud: http://immigrationview.foxrothschild.com/general-immigration-news-and-updates/visa-waiver-policy-change-makes-planning-life-in-the-us-much-easier/

The law does permit “immediate relatives” of US citizens, spouses, parents and children, to adjust to permanent residency after having been admitted on a visa waiver. The problem is that USCIS holds the sword of removal without hearing over the head of immediate relatives, particularly spouses of US citizens, who have entered on visa waivers and seek to adjust. This makes planning of a couple’s marriage and their immigration or immigration of elderly parents quite cumbersome.

The new policy directs USCIS to adjudicate adjustment of status cases filed by “immediate relatives” of US citizens who last entered the on a visa waiver. This directive extends to cases where the application for adjustment (I-485) is filed after the 90 day period of admission has elapsed. The adjustment to permanent or conditional permanent residence will not be referred by USCIS to USICE for the foreign national’s removal unless ICE has already issued an order of removal or the adjustment is under investigation because of criminal , fraud or national security issues.

Now, a couple may get married in the US after the foreign national spouse has entered on the visa waiver and may adjust here without the necessity of departing within 90 days or fearing removal. The same for parents of adult US citizens. Within approximately 90 days after filing for adjustment, the foreign national spouse or parent will be granted employment authorization and advance parole, BUT may not work or depart the US until securing the advance parole/EAD that allows travel and employment authorization. Although the immigration process still needs to be well planned, this change in USCIS policy makes planning for and transitioning a spouse or parent’s life in the US much easier.

Many are asking this very same thing because is still very very confusing. When I hear about recent ppl's experiences, many are able to adjust status on VW tho..

[MarkerOne 4]

That is Fraud indeed. How could your fiance deny that she is coming to the United States without the intention of getting married, when you already had K1 petition sent with her name on it? Don't even think about it.

By the way, you are right, I had friend on mine marrying a lady from England who was here visiting. They met through friends and fell in love then got married. They had no problems at all since she did not enter the US with intention to marry. They will find out at the immigration, this is their job and this is what they do for a living....

[Anh map 2,098]

Without a student visa your child won't be enrolling in any public school on your timeline. A private school perhaps. That typically isn't cheap. A private school might require a student visa as well.

With a K1 in the system and you arriving with a child in tow you could possibly get turned around at the POE.

Consider all the options (and expenses) and choose your path.

[ninz 14]

Without a student visa your child won't be enrolling in any public school on your timeline. A private school perhaps. That typically isn't cheap. A private school might require a student visa as well.

With a K1 in the system and you arriving with a child in tow you could possibly get turned around at the POE.

Consider all the options (and expenses) and choose your path.

Thank you for answer, I spoke with principal and I read admission rules, the public school in our area don't look at the visas. They said everyone has right to study regardless of visa situation. Again, as they said, I did not see any written proof. They only care that the kid lives in their district (and we will be able to prove that).

[AB loves AG 54]

You state you can't afford a trip back to Thailand, you may want to research the costs of what you are attempting to do. The ppaperwork for the I 485 alone for you and a child is about $1800. Add in the cost of a medical and vaccinations by a civil surgeon for you and your son too.

[Georgia16 2,858]

I have a son too and I would really want him to start school in August too but there is no way of pushing the K-1/K-2 if it's not ready it's not ready.

You can't go no matter what as you say. You can file ASAP and then maybe you'll have a chance to get it before.

Or do as one suggested wait for the December break if you do not want him to start in the middel og the year, you can't just have it your way and do what ever you want.

Do it the right way so it won't bite you ### down the road... This is an expensive process so you may want to read up on the upcoming cost also.

[Unlockable 7,314]

Thank you for answer, I spoke with principal and I read admission rules, the public school in our area don't look at the visas. They said everyone has right to study regardless of visa situation. Again, as they said, I did not see any written proof. They only care that the kid lives in their district (and we will be able to prove that).

Oh boy here we go.

vesnaodna, the schools here don't turn away children because of the mistakes or ignorance of their parents. You could still be held liable for the cost later. Look at what happened to this poor girl in this thread....

PLEASE HELP, MOM VISA REFUSED- WHAT TO DO NEXT

You have been advised that the path you want to take is not a proper path.

[ninz 14]

Oh boy here we go.

vesnaodna, the schools here don't turn away children because of the mistakes or ignorance of their parents. You could still be held liable for the cost later. Look at what happened to this poor girl in this thread....

PLEASE HELP, MOM VISA REFUSED- WHAT TO DO NEXT

You have been advised that the path you want to take is not a proper path.

good to know, will do more research!!

[baron555 934]

What if I go to States before petition is approved and I will get married there on visa waiver or tourist visa? Is there any consequences, is there any other options for us?

Sure you can come to the US, get married and then when your time limit is over on the VWP or tourist visa, you must leave.

Then you file for a CR-1 Spousal Visa and wait for that to be approved, about one year.

To come here on a tourist visa and attempt to stay permanently is visa fraud. You could face a permanent ban and deportation.

[Transborderwife 4,666]

Oh boy there's a whole lot of potential fraud in this thread. Why not just wait out the k1? It's your fastest route

[Unidentified 2,930]

Stop all your thoughts on committing visa fraud is your first priority. Everyone wants to be together, it really sucks not to. But if you want to do this legally then you just have to put up with that. If you're planning on immigrating illegally you're just setting yourself up for failure.

[FianceeInBrazil 1]

Stop all your thoughts on committing visa fraud is your first priority. Everyone wants to be together, it really sucks not to. But if you want to do this legally then you just have to put up with that. If you're planning on immigrating illegally you're just setting yourself up for failure.

This is sound advice. They K-1 is filed and because of that there is absolute proof of intent.

My wife and I got lucky. From NOA1 to K-1 approval was 98 days. From I129F to receipt of her Green Card was 10 months and 2 days.

Be patient. Luck may fall on your side as well.