Singapore

[Melyssa 0]

I'm asking this on behalf of a friend - I'm hoping what she and her fiance plan to do is legal, but I have my doubts and am not sure where to look for information.

He is in the U.S. and she is in Singapore. From what I understand they have already set a wedding month. She plans to come to the U.S. through the Visa Waiver Program in time for their wedding, process her green card during that time, and then leave the country, and return.

First of all, I am concerned that if she is honest about the intent of her visit - marriage - she may be denied entry.

Second of all, wouldn't she need to re-enter the U.S. with a K3 visa, because once she leaves she'd then be an intended immigrant?

Or is she legally able to come to the U.S. through the VWP to get married as long as she leaves, and will she be able to return?

Also doesn't it take a couple of months to a couple of years to process the green card?

(Oops, I wasn't sure where to post this; please move to the appropriate forum.)

Edited August 25, 2007 by Melyssa

[pushbrk 12,881]

I'm asking this on behalf of a friend - I'm hoping what she and her fiance plan to do is legal, but I have my doubts and am not sure where to look for information.

He is in the U.S. and she is in Singapore. From what I understand they have already set a wedding month. She plans to come to the U.S. through the Visa Waiver Program in time for their wedding, process her green card during that time, and then leave the country, and return.

First of all, I am concerned that if she is honest about the intent of her visit - marriage - she may be denied entry.

Second of all, wouldn't she need to re-enter the U.S. with a K3 visa, because once she leaves she'd then be an intended immigrant?

Or is she legally able to come to the U.S. through the VWP to get married as long as she leaves, and will she be able to return?

Also doesn't it take a couple of months to a couple of years to process the green card?

(Oops, I wasn't sure where to post this; please move to the appropriate forum.)

The part that doesn't fit with reality is "process her green card during that time". She can come here under the VWP and marry and then they can complete the paperwork to file a petition for a spouse visa. She must then leave the US before her leave to remain is over, and at some later time enter on a CR1 or K3 spouse visa.

What she cannot do legally is stay and adjust status to permanent resident. Since the intent on entry is marriage, to stay and attempt to adjust status would be textbook visa fraud.

[Mags 112]

I'm asking this on behalf of a friend - I'm hoping what she and her fiance plan to do is legal, but I have my doubts and am not sure where to look for information.

He is in the U.S. and she is in Singapore. From what I understand they have already set a wedding month. She plans to come to the U.S. through the Visa Waiver Program in time for their wedding, process her green card during that time, and then leave the country, and return.

First of all, I am concerned that if she is honest about the intent of her visit - marriage - she may be denied entry.

Second of all, wouldn't she need to re-enter the U.S. with a K3 visa, because once she leaves she'd then be an intended immigrant?

Or is she legally able to come to the U.S. through the VWP to get married as long as she leaves, and will she be able to return?

Also doesn't it take a couple of months to a couple of years to process the green card?

(Oops, I wasn't sure where to post this; please move to the appropriate forum.)

If she is coming over on the VWP, with intent to marry AND immigrate (by applying for AOS), then yes she is committing fraud. However, AOS can take anything from 2 months to a year, to even longer.

If she was to return home, after marriage, without adjusting status (AOS) then she and her husband would then have to apply for a K-3 visa to enable her to come back to the USA.

[Melyssa 0]

So basically, she still has to get a visa (I think she was thinking she'd be able to bypass it by getting her green card and returning to the States from the third country.) Maybe I misunderstood her though.

[pushbrk 12,881]

So basically, she still has to get a visa (I think she was thinking she'd be able to bypass it by getting her green card and returning to the States from the third country.) Maybe I misunderstood her though.

Yes, since her intent on this next entry is to marry, she'll need to leave and enter again after she obtains a visa. This could be K3 but unless money and working soon after entery is no object, then a CR1 visa would probably be more suitable.

[Mags 112]

I'll also add that if she is coming over on the VWP with intent to get married and then return home, she should bring with her some ties to her home country. Job, home, bills etc.

Otherwise she may get turned away at Immigration.

[Melyssa 0]

I'll also add that if she is coming over on the VWP with intent to get married and then return home, she should bring with her some ties to her home country. Job, home, bills etc.

Otherwise she may get turned away at Immigration.

Yes, that's why I was a bit concerned when she mentioned her plan! I don't know if she intends to return home though because she said something about going to a third country - maybe Canada... but I'm not sure!