Marriage in us without K1

[xaanaa]

IF my fiance from the UK comes in the VWP and we decide to get married then what are the consequences we may face? Will he get deported? will it take longer for him to get EAD or GC and can we still file AOS from here?

[PraetorianXI]

Your fiancee can not enter the USA with the intention of marrying you under the VWP. That would be comitting fraud at the POE (because if you tell the officer the truth, that you come to marry your fiance in the US, they will not let you in, so you would have to lie).

USCIS is likely to accuse your fiancee of fraud and send him back. His GC denied and you will have to reapply again this time through consular processing.

So, save yourself a lot of trouble and apply for a K-1 visa.

[xaanaa]

We have no intention of getting married now as i am not divorced yet. It has been a lengthy proceeding to get the divorce finalized and we were just exploring our options. is it easier to get married in the uk once my divorce is finalized and then apply for the k3 visa will it get him here quicker??

[PraetorianXI]

k1 and k3, take about the same time. With K3 you two can be together while it is being processed.

Since you already have the "intent" to marry each other, entering under VWP with that purpose would easily be construed as fraud.

[xaanaa]

but can he enter the us from the uk after we marry and apply for the k3 here or do we do it there? i want to do everything right and not have to be separated for too long. and i cannot stay in the uk more than a week or so because of my job and child. wow this is all so confusing. I thought i would get it all sorted now so when my divorce is final we can start the process right away. yet i have no idea what we should do??

[PraetorianXI]

He can not enter to the US without an immigrant visa or a K-3 visa, and he can not apply for these inside the US. I think the best for you guys is going for a K-1 visa. Read here: http://immihelp.comhttps://www.immih...n-process.html

[xaanaa]

thanks so much we want to do it the right way to ensure we are not gong to face to many hardships. Its worth waiting a few months if it means we can spend a lifetime together