Want to live with boyfriend in USA, but he's still in divorce waiting period. Any other options than wait?

[SimoneL 0]

Thank you very much for the replies. The reason for the rush is because I will lose my place to stay soon because of an ending contract. 

 

His lawyer said that it's possible to marry directly if I stay 60 days straight in the USA. That's what I want to use the 90 days Visa Waiver program first. 60 days to stay, and then marry.

[p-ana 933]

29 minutes ago, SimoneL said:

Thank you very much for the replies. The reason for the rush is because I will lose my place to stay soon because of an ending contract. 

 

His lawyer said that it's possible to marry directly if I stay 60 days straight in the USA. That's what I want to use the 90 days Visa Waiver program first. 60 days to stay, and then marry.

As already pointed out by other members, coming with a esta/ vwp with the intention to marry and stay is visa fraud, steer away from this line of thinking

[SimoneL 0]

1 minute ago, p-ana said:

As already pointed out by other members, coming with a esta/ vwp with the intention to marry and stay is visa fraud, steer away from this line of thinking

Then why does his lawyer said it's possible to marry after 60 days?

[p-ana 933]

11 minutes ago, SimoneL said:

Then why does his lawyer said it's possible to marry after 60 days?

It's ok to marry and go back to your country but not to stay and live here. If the lawyer says it is ok to come with the esta/ vwp and stay and live, well, better to get a new lawyer

[Jens79 64]

1 hour ago, SimoneL said:

Then why does his lawyer said it's possible to marry after 60 days?

What that lawyer is describing is what you can get away with, not what's legal. He/she is basing that advice on a rule of thumb stating that if you marry when you're in the US on a WVP, then they often use about 60+ days (of the total 90) as one factor of many to determine if the marriage was spontaneous, i.e. if it was planned when you entered the US as a visitor.  In your case, that path is legally closed because you are in fact looking into the option of planning to marry as a visitor and then stay. If you make that plan, then that is a fraud.

 

And just like others have said. You have to solve your housing situation separate from your relationship with this person. Find a cheep place to stay and spend all money on visits. Try to make shorter but more frequent visits if that's possible for you. And yes, you can still visit after you've sent your K1 or CR1-application (whatever path you choose).

 

Also, try to be realistic about how long time the process will take. K1 a bit shorter than a year, the CR1 a bit more than a year. No option available to you can even come close to meeting your two month window until your lease ends, that's just not possible.

 

Applying for a B1/B2 (6 months visitor visa), will most likely be denied in your situation, for the simple reason that you can travel on the VWP, and from the United States point of view, you have no need for a B1/B2-visa. And you risk loosing your ESTA-status if it's denied, so I recommended you to not try that at all.

 

Instead: Stay focused, fix your housing situation, save up for visits, enjoy your time together and apply for the correct visa, either for living in the Netherlands or in the US. The best of luck!

Edited May 4, 2017 by Jens79

[Loki_Go 126]

You risk losing a lot if you listen to the advice from this lawyer. The consequences are far too great IMO.

 

[Jens79 64]

Just to clearify: You can absolutely get married, either in the US or anywhere else, as long as your boyfriend is no longer married to anyone else. However, just marrying him will not give you any other immigration benefits than allowing you to apply for a visa, which will give you a green card when you enter the US with that visa. But it will not make you able to stay during the process. The only exception is if you visit the US for any reason (but not for the reason to marry someone), you happen to meet someone, fall in love and spontaneously decide to get married. Then, and only then, can you file for adjustment of status and get to stay during the process. That's where that 60-day rule (of thumb) come into the picture. But, if you have understood the procedure correctly, you will also understand that you are not eligible for the Adjustment of status-route. If you try, you are committing a pretty serious crime.

[EandH0904 1,184]

What state is he in with such long divorce requirements? 

[Lemonslice 4,947]

5 hours ago, SimoneL said:

Thank you very much for the replies. The reason for the rush is because I will lose my place to stay soon because of an ending contract. 

 

His lawyer said that it's possible to marry directly if I stay 60 days straight in the USA. That's what I want to use the 90 days Visa Waiver program first. 60 days to stay, and then marry.

Where would you stay if you were single?  

[Roel 7,193]

That lawyer gave you a pretty bullshit advice. You cannot go to the USA with the intent to marry and adjust. No matter how many days you stay single there. Its perfectly fine to go and marry but then you have to come back to your country to wait for visa. So it'd be good if you find yourself a place to live. 

[geowrian 22,338]

4 hours ago, Jens79 said:

What that lawyer is describing is what you can get away with, not what's legal. He/she is basing that advice on a rule of thumb stating that if you marry when you're in the US on a WVP, then they often use about 60+ days (of the total 90) as one factor of many to determine if the marriage was spontaneous, i.e. if it was planned when you entered the US as a visitor.  In your case, that path is legally closed because you are in fact looking into the option of planning to marry as a visitor and then stay. If you make that plan, then that is a fraud.

The 60-day rule isn't a thing. USCIS does not and cannot, by law, consider the length of time in the US as a factor since intent is determined at POE. It won't/can't impact their decision if you got married on day 1 or day 81 in the US.

 

5 hours ago, SimoneL said:

Then why does his lawyer said it's possible to marry after 60 days?

If the lawyer suggested marrying and staying, that's that's illegal. You can marry, but you have to go home within the 90 days still.

If you marry, then the K-1 visa path is no longer available and he would have to file for a CR-1 visa. ETA: 12-14 months to get a visa.

 

The fact that he suggested waiting 60 days means he doesn't actually understand US immigration law, which is scary.

[Jojo92122 1,924]

Ask the lawyer if it's okay for you to tell Customs and Border Patrol when you enter on the VWP that you intend to stay, marry, and adjust status.  See what he saids.

[Jens79 64]

30 minutes ago, Jojo92122 said:

Ask the lawyer if it's okay for you to tell Customs and Border Patrol when you enter on the VWP that you intend to stay, marry, and adjust status.  See what he saids.

That would actually make it perfectly legal. In that case you wouldn't have committed any fraud and you would be allowed to stay and adjust status. The only problem is that you would be turned away if you said that, so don't take that as an advice.

[IcezMan_IcezLady 582]

First of all, your boyfriend is not FREE to marry...so your 90 days thing will not work. ICE can pick up up at anytime. You will make things worse if you get deported. Did your lawyer forget to tell you that your boyfriend must be FREE to marry? He can't marry if his divorce isn't finalized.

This whole thing looks like relationship of convenience. You are looking for a place to stay, that's it? what about love?

 

 

[Unlockable 7,315]

Agreed to the comments in here.

 

Boyfriend is not free to marry and anything can happen. The divorce proceedings could be dragged on for months.