confused!

[si0101]

hi there - i have looked extensively for info on what im about to ask, but it seems to be a grey area!! so im hoping someone might be able to shed some light. fyi - i am a british citizen and she is a us citizen.

i came to the USA at the start of sept to follow some friends in a band on tour. 2 weeks into it, while in denver i met a girl and we really hit it off. we were here for 4 days, and i spent most of that time with her. we had to leave, but 4 days later i flew back for another 9 days to be with her. then i had to go somewhere else for 3 days, after which i flew back to denver where i have been living with the girl for just over a month. i have to leave due to my visitor visa running out at the start of december which is fine - but we have decided we want to be together and are trying to find out wot we can do. i have learnt a lot about the k1 and k3 visa - k1 being best for our situ i think. but when we found out it would probably be a minimum of 6 months until we can be together again, we both freaked out and that made us realise we really really want to be together!!

ive seen various things but its hard to know for sure (we are probably going to see an immigration lawyer to get full clarification) but i have now read in a few places that because i entered the country with no intent to immigrate, if we were to get married now we might be able to stay together. is this true?! we had never even met when i arrived in the states, and as much as i never believed in love at first sight etc, i now do!! i have met both her parents who fully endorse us being together, etc, so this is genuine. neither of us have been married, have kids, etc. she is due to fly to the uk a few days after i leave to meet my family and friends, so we can prove we are genuine etc, which i know seems to be the biggest thing in these cases (sham marriages are making our life extremely hard!!)

anyone got more info on this?!

many thanks in advance

si

[PraetorianXI]

You can get married and apply for Adjustment of Status, without you having to leave the country or her side.

Look at forms I-130/I-485.

Which require also forms: I-864, I-693, g-325a.

And if you want to work while you wait for the petition to be processed, file I-765. You can get all of these from the USCIS website (www.uscis.gov)

Also, look here for more information: https://www.immihelp.com/family-base...ard/index.html

[si0101]

fantastic - thankyou. we are probably not going to take that option after all - but out of interest, do you happen to know how long it would take for the "advanced parole" to come through if we did that?

thanks again!

[PraetorianXI]

It has been reported that some people have received it in 2-4 weeks. But the usual time is between 60-90 days from the date they received the application.

If you do not mind me asking. What route are you planning to go with this?

[ngfc]

Confused

A word of caution.
I have herd of people getting married while in USA under a visitor's visa,and running into problems later with immigration,when the adjustment of staus takes place.If immigration finds out that the marriage took place while in USA under a visitor's visa ,the person can get deported and more likely not allowed to enter the USA ever,or not allowed to enter USA for a long time.My advise to you would be to talk this over with a competent immigration attorney,before you make a decision.Some immigration layers will give you a free consultation, and advise you on what to do before you actually make a decision on what to do or what visa would be the best for both of you.Even known a K-1 visa would take between 3 to 6 moths to be processed,it would probably be your best bet.You must return to your home country and your girlfriend, if she is a USA citizen,can then filled out the petition for you.Since you already met this would make things alot easier.Make sure you have plenty of photos of you together and whatever evidence you can submitt as proof of your relanshionship.This is very important.

Good luck
God bless.

[PraetorianXI]

You CAN come to the USA with a visitor visa and THEN decide to get married (spontaneously).

You CAN come to the USA with the intention to MARRY and go back HOME and do CP (consular processing), using a visitor visa, however, the inspecting officer at the Port of Entry may not believe you are going to return and not let you in.

You CAN NOT come to the USA with the intention to MARRY and AOS, using a visitor visa, that is abuse of visa.

Bottom line, is not illegal to get married in the USA, even if you are here illegally. You are allowed to get married.

[ngfc]

Confused

You CAN come to the USA with a visitor visa and THEN decide to get married (spontaneously).

You CAN come to the USA with the intention to MARRY and go back HOME and do CP (consular processing), using a visitor visa, however, the inspecting officer at the Port of Entry may not believe you are going to return and not let you in.

You CAN NOT come to the USA with the intention to MARRY and AOS, using a visitor visa, that is abuse of visa.

Bottom line, is not illegal to get married in the USA, even if you are here illegally. You are allowed to get married.

If you are in USA under a visitor's visa,you are not here illegaly.And you just have said it."the inspecting officer at the port of entry may not believe you are going to return and not let you in" Who would take this chance? no one with common sense of course.

Good luck,
God bless.

[PraetorianXI]

You made it sound like it was illegal to get married under a temporary stay with a visitor visa. I was clarifying that it is in fact legal.

[ngfc]

Confused

You made it sound like it was illegal to get married under a temporary stay with a visitor visa. I was clarifying that it is in fact legal.

I have never said that it was illegal my friend.I only said that it could bring problems down the road.Nothing personal.God bless my friend.

[indianium]

Nothing wrong to get marry but under new immigration laws you cannot adjust your status while in US either on visitor or business visa. Spouse has to go back and their US partner will have to follow the immigration process (IR/ CR or K-3).

*This is not a legal advice. Please consult your immigration attorney for legal advice.

[si0101]

thanks to you all for your help and advice. we are going to arrange to see an immigration lawyer asap and find out exactly wots best. i am here legally at the moment, we havent done anything and we wont be doing anything to jeapordise our future. i fly back to the uk in 3 weeks and my girlfriend flies there 4 days after me. she gonna stay for 2 weeks, and we are talking about getting married in london. again, gonna see wot the immigration lawyer advises. we are both resigned to the fact we will have to be apart for a while, we just want to make sure its for as little time as possible!!

evidence wise, we have lots and lots of photos and video of us together, including a camping trip with her parents a few weeks back. im not worried about being able to prove this at all - loads of people are offering to vouch for us, write recommendations etc. does that make any difference?!

thanks again for all your help

[PraetorianXI]

Congratulations on finding love!

If you get married in London, you will have to file for a K-3 visa. Which would take around 7-10 months.

If you get married in the USA and file for AOS, you can stay here with her and get your Green Card in 4-6 months.

[si0101]

thankyou! i didnt expect to find love when i came here - in fact it was probably the furthest thing from my mind! but i guess thats the way it works out sometimes.

ok so perhaps the k3 visa isnt the way to go. a colleague of my brother in law married a us citizen in the uk, and his k3 only took 3 months to come through, which does give me hope - but by the same token, i have read many stories of it taking 9 months plus. is it me or does it just seem to be a bit of a lottery?!

k1 wise, perhaps that will turn out to be the best option? my head is constantly spinning while thinking about this - its not exactly easy to fathom!

as for marrying here - before we do anything, she really must meet my family and friends in the uk. so im guessing i would not be able to then come back here and marry her, then apply for adjustment of status because i entered the country with intent to immigrate - is that right?

thanks again

[PraetorianXI]

That is right. You can not come with immigration intent under the VWP or a visitor visa.

K-1 will take about the same time as a K-3.