Advice needed Marriage and what Visa

[Mollie09 1,543]

No this isn't a legal option, the OP is NOT CURRENTLY IN THE USA.

When he wrote his post he said he was...

[Mollie09 1,543]

We had the idea of getting married this week ( i have to move back home next week).

If you want to stay, you can marry and apply for AOS. You won't be able to leave the country for a while.

[NikLR 13,231]

When he wrote his post he said he was...

A legal 3rd option is to simply marry in the USA, and adjust your status. As for tieing up loose ends in your home country, you would have to have someone else do that for you, or wait until you get Advanced Parole and then return at that time. With this option, you don't have to be apart from your spouse, and it isn't fraud.

No this isn't a legal option, the OP is NOT CURRENTLY IN THE USA.

dammit i'm on the wrong thread. /more coffee needed.

MY BAD!

Yes AOS is legal for the OP!

Edited November 11, 2016 by NikLR

[Anitafeliz 1,133]

But not if he leaves and then comes back as he stated.

dammit i'm on the wrong thread. /more coffee needed.

MY BAD!

Yes AOS is legal for the OP!

-Choice three: do not marry now. Ty up lose ends for 2-3 months. and then come back on a tourist visa and get married. This seems to be the option that allows us to be together the most. But this also seems to me a very risky way? and what about working and buying something together? Would it require another 6 to 12 months extra to process i-130?

Thank you in advance!

Enzo & Monica

Edited November 11, 2016 by Anitafeliz

[Nathan&Emily 10]

But not if he leaves and then comes back as he stated.

Which is why the previous poster said Marry now and then file for AOS. He didn't say anything about leaving and coming back. He quite clearly said that he can marry, AOS and doesn't have to leave. This is also perfectly legal as he came for valid reasons with no immigration intent.

[Anitafeliz 1,133]

Which is why the previous poster said Marry now and then file for AOS. He didn't say anything about leaving and coming back. He quite clearly said that he can marry, AOS and doesn't have to leave. This is also perfectly legal as he came for valid reasons with no immigration intent.

BUT OP SAID HE WANTED TO LEAVE AND COME BACK so I'm clarifying.

He can marry now and wait it out. But he cannot leave then comeback and marry as he would be committing fraud.

SO OP IS CLEAR.

[GreatDane 366]

Hey all,

Me and my fiance feel completely lost in all the visa stuff and hope for some advice. Any help is greatly appreciated!

Some background info: i came to the USA on 30-okt-16 for business reasons (temporary ESTA visa). Completely unplanned i met an amazing girl and it was love at first sight. We have been living together for 1.5 months now. We love it and want to take the next step to be able stay together. After a good discussion where we both tried to convince each other to move to our own country. The outcome ended with me making the move to the USA. ( I guess the girl always wins ^^).

We had the idea of getting married this week ( i have to move back home next week). I would then return home to quit my job and Ty up all my loos ends before moving back to the USA 2-3months later. Sadly enough when i look up immigration stuff this doesn't seem to be that easy. As such i was wondering what the best road would be for us to take. I came up with the following options. Please let me know if i said something incorrect. if there are other options or what option you advice:

-Choice one: Marry this week. go back home next week and start I-130 process for IR-1/CR-1. This means we would be away from each other for 6 to 12 months? benefit: once its cleared i can start looking for a job when i arrive? and i can continue to work back home in the meantime. downside: it is a very long time away from each other :s

-Choice two: do not marry now. go back home and Apply for a k1-visa. Estimate process time is 4-6 months. We will be able to marry then. but do i have to file for a i-130 after the marriage? does this mean i will not be able to work for another 6-12 months? What about property owning? are we able to buy a house righter after we get married?

-Choice three: do not marry now. Ty up lose ends for 2-3 months. and then come back on a tourist visa and get married. This seems to be the option that allows us to be together the most. But this also seems to me a very risky way? and what about working and buying something together? Would it require another 6 to 12 months extra to process i-130?

Thank you in advance!

Enzo & Monica

You stated above that you came into the US on October 30th indicating you have only been here 1.5 weeks, not 1.5 months. This is a huge difference in both processes. While there is no minimum length requirement, you will have issues trying to prove your relationship is legitamate.

[JFH 12,191]

Here are my thoughts on your situation, OP.

We initially thought a K-1 was the way to go. In the first flush of love and that feeling of "I can't survive without him/her" it seemed to be the best solution. But the fastest solution isn't always the best solution. Within 5 minutes of reading the K-1 threads on here many years ago we decided it was definitely not for us.

You obviously have a good job. To be going overseas on business trips means you are not flipping burgers at McDonald's. You are from a VWP country and can visit very freely. The VWP is only available to countries with very low rates of immigration fraud and overstayers. It's a privilege for "trustworthy" countries, as seen by the US authorities.

By doing the K-1 you will have an extended period with no possibility of working. Firstly, can you afford to be out of work for several months? How would you feel mentally with no job? How isolated would you feel when your girlfriend/wife is out at work all day and you're stuck in the house and cannot do anything? In some states you will struggle to even be able to drive on a K-1 visa status. Have a good read through the forums here and you'll find tales of deep depression from people who had a job, independence, mobility, large social network in their home countries and then moved to the USA and were almost house-bound. Secondly, in many fields the longer you are out of work the harder it is to get back in. Especially at the same or similar level.

Adjusting status is an option if you marry soon. Now, either you have known each other 11 days or 6 weeks (your posts are contradictory) but in either case I have had things in my refrigerator longer than that. Only you can know if you are ready for the life-long commitment of marriage already. We are not here for relationship advice. Again, if you take this route, you will not be able to work or return home to tie up those loose ends for many months. And when you do finally got permission to work, how good is your application for a job going to look when you have been out of work for months but had a perfectly good job (one that even gave you the opportunity to travel overseas, no less) but you walked out on it without even giving notice for a girl you'd known for 11 days or 6 weeks.

My advice to anyone from a VWP country with a career would be to marry and then pursue a CR-1. We have the luxury that we can visit a lot easier than others. I have visited my husband twice during this process. Keep your good job. Save up some money (you'll need it - immigration is not a cheap adventure). Have her visit you too. Build up your relationship. And make the best decision for your head, wallet, career, future. Not just your heart.

I haven't seen my husband since June and won't see him till next month. I have survived.

[EnzoRo 0]

Hey All,

Monica and i want to thank you for all your great feedback and comments! It helped us a lot in understanding the journey a head of us, what the different paths are and what to expect. This forum is a great help and has given us so much information. Now to correct myself. It seems i made a mistake when mentioning the arrival time. It was 1-okt-2016 and not 30-okt-2016. My apologies for creating the confusion. I was still in the USA when i wrote my question and we had the pleasure of seeing each other for 6 weeks. I enjoyed every single minute of it. Be it with a mixed bag of smiles and tears but every memory was precious to me.

As for how our story continued. We ended up being forced to make the choice that i would go home sooner and not get married yet. We are looking into the k1 visa now. As a possibility.

Kind Regards

Monica & Enzo

[Russ&Caro 1,549]

Thanks for the update. I wish you the best luck and speed in your efforts to secure a visa.