I need some help

[colin_irvine 0]

If anyone can help us with this query it would be great!!! The situation is such that my fiance is a Lawful Permanent Resident of the USA but currently staying here in Britain and I am a British citizen as far as I am aware a K-1 can only be filed if she is a citizen? I went for a consulate interview in Belfast yesterday for a B-2 visa which would have given us the time for her to become a citizen and be married then for her to file either a K-1 or I-130 but I have been advised not to continue with the B-2 application due to finances (etc).

So we are in a catch 22 situation although it's against the law to enter the US under the visa waiver programme with the intention to marry, if that were to be done am I able to apply for an adjustment of status or would I be required to leave the country within the 90 days that the visa waiver allows me?

Any help would be greatly appreciated.

[Mononoke28 135]

The easiest thing to do is have your fiance became a US citizen. This is taking about 6 months to do and then she can file for you either as a K-1, K-3 or CR-1/IR-1.

[TimsDaisy 0]

Go talk to an immigration attorney.

I'd be happy to give you the name of the one we talked to in London, if you would like it. Send me a personal message.

[meauxna 15]

If anyone can help us with this query it would be great!!! The situation is such that my fiance is a Lawful Permanent Resident of the USA but currently staying here in Britain and I am a British citizen as far as I am aware a K-1 can only be filed if she is a citizen? I went for a consulate interview in Belfast yesterday for a B-2 visa which would have given us the time for her to become a citizen and be married then for her to file either a K-1 or I-130 but I have been advised not to continue with the B-2 application due to finances (etc).

So we are in a catch 22 situation although it's against the law to enter the US under the visa waiver programme with the intention to marry, if that were to be done am I able to apply for an adjustment of status or would I be required to leave the country within the 90 days that the visa waiver allows me?

Any help would be greatly appreciated.

colin,

Only a USC can petition for a fiance. How long until your GF is eligible to apply for citizenship?

There are no visas that allow for the partner of an LPR (your GF) to come and stay until they're eligible. Even if you were married, you would not be eligible to come to the US to live right now. Your (then) wife may sponsor you, and the wait for the spouse of a PR is currently 4-5 years (these dates fluxuate).

If you want to live in the US, you are best off seeking your own way in through work or education.

I am curious about the reason you were advised to not continue with the B application... care to share?

If you come to the US on the VWP, you can marry, but you can not stay and Adjust Status. That is for Immiediate Relatives of USCs. You would be required to leave the US after 90 days on the VWP.

[colin_irvine 0]

If anyone can help us with this query it would be great!!! The situation is such that my fiance is a Lawful Permanent Resident of the USA but currently staying here in Britain and I am a British citizen as far as I am aware a K-1 can only be filed if she is a citizen? I went for a consulate interview in Belfast yesterday for a B-2 visa which would have given us the time for her to become a citizen and be married then for her to file either a K-1 or I-130 but I have been advised not to continue with the B-2 application due to finances (etc).

So we are in a catch 22 situation although it's against the law to enter the US under the visa waiver programme with the intention to marry, if that were to be done am I able to apply for an adjustment of status or would I be required to leave the country within the 90 days that the visa waiver allows me?

Any help would be greatly appreciated.

colin,

Only a USC can petition for a fiance. How long until your GF is eligible to apply for citizenship?

There are no visas that allow for the partner of an LPR (your GF) to come and stay until they're eligible. Even if you were married, you would not be eligible to come to the US to live right now. Your (then) wife may sponsor you, and the wait for the spouse of a PR is currently 4-5 years (these dates fluxuate).

If you want to live in the US, you are best off seeking your own way in through work or education.

I am curious about the reason you were advised to not continue with the B application... care to share?

If you come to the US on the VWP, you can marry, but you can not stay and Adjust Status. That is for Immiediate Relatives of USCs. You would be required to leave the US after 90 days on the VWP.

Thank you fr your reply and I can answer a few of your questions!! My girlfriend is eligible for citizenship right now! She has been an LPR for 15 years and we plan to marry in October.

The state of play is that eventually I will live in the US even if it takes 6 months for her citizenship to come thru then the petition on my behalf may take a while but we'll just have to wait.

The reason behind the B-2 visa not proceeding was purely financial and the fact my girlfriend is expecting our child in June which she plans to have in the US so reading between the lines from the consulate I am deemed to be a threat of staying in the country with no plans to return to the UK as the B-2 you are able to adjust status! You know you have to supply details that you have very strong social and economic ties to the UK so they know you will return. The reason behind applying for the B-2 was so I could spend time with my girlfriend before - thru - and after the birth but the authorities do not seem to like that idea so now I will just have to do 90 days at a time fly home then back again, kinda difficult situation whenever you have a new baby to be living on opposite sides of the world to keep a family and 2 homes.