# Marriage, Work and Immigration to US



## betyouaint (May 11, 2009)

Okay... I've searched through the forum and gleaned quite a bit of info already but I'm still not 100% on a few issues.

*My situation: *


I am a UK citizen (living and working in the UK) planning to marry a US citizen (living and working in the US) in October this year. 
We met in April 2008 and have seen each other every 2-3 months since. 
We intend to live in the USA following the marriage. 
We are both currently undergoing divorce proceedings from our previous partners which should be "absolute" in August/September this year. 
Financially, I can if necessary, not work for the first 2-3 months although I'd prefer to seek work immediately and not have to use savings.

We feel we have been separated for far too long and so being together is now a priority. I am due to leave work at the end of Sepember and am trying to work to that date for everything to fall into place...

*My questions are as follows:*


From what I've read, it's not a good idea to turn up on a visa waiver with the intent of getting married. What may be the likely outcome if I was to turn up and get married without a K-1...?

Assuming the K-1 is the only option... In the application we have to submit evidence of divorce which means that (worse case scenario) the K-1 application may not be submitted until some time in September. Assuming no other issues, how long is the application likely to take from submission to obtaining the visa...?

From entry to the US on a K-1 visa, how long will it reasonably take to obtain permission to work...?

Assuming the worst, that a K-1 in not achieveable in the given timescale, would it be possible to fly to the US on the visa waiver as I normally do and await the K-1, and if necessary, nip over the border into Canada to then re-enter on the K-1...?

Thanks in advance... no doubt any replies will give rise to further questions...


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## Fatbrit (May 8, 2008)

betyouaint said:


> *My questions are as follows:*
> 
> 
> From what I've read, it's not a good idea to turn up on a visa waiver with the intent of getting married. What may be the likely outcome if I was to turn up and get married without a K-1...?
> ...


1/ It isn't fraudulent to marry on the VWP but rather to enter on the VWP with the intention of remaining. Having said that, most of those who marry on the VWP and remain manage to successfully adjust status to permanent resident without issue. A few come a very nasty cropper. Are you feeling lucky? The "VWP express" road is strewn with some nasty incendiary devices.

2/ Six to ten months. But the K1 is not the sole choice. You could marry anywhere, then use the CR1 immigrant visa that takes around the same time but gives you permanent residency (green card) from day one of entry.

3/ Herein lies the ridiculousness of the K1 visa. After all that hassle, you'd think they'd allow you to work! And they do, but unless you arrive visa JFK (where they annotate your visa according) you won't have sufficient proof for most HR departments to feel happy employing you. And as the permission to work is only for 90 days, there is often a gap between work permission from your K1 ending and your EAD from your adjustment of status application being issued -- landing you in no-man's land! If continuity of work is important, suggest you get married soon after arrival and then file immediately after.

4/ There's never a guarantee of entry on the VWP. The more you use it and the longer you stay here, the more likely you'll encounter problems. Trips to Canada do not reset the I-94W, and you will need to get your visa from London assuming you're a UK resident.


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## betyouaint (May 11, 2009)

Thanks for that... With such a crazy system it's not surprising then that so many people take the risk on the VWP option. The K-3 farce doesn't help the situation. Hopefully, the O man will take steps to alleviate some of the problems and complications...?


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## Fatbrit (May 8, 2008)

betyouaint said:


> Thanks for that... With such a crazy system it's not surprising then that so many people take the risk on the VWP option. The K-3 farce doesn't help the situation. Hopefully, the O man will take steps to alleviate some of the problems and complications...?


Expect an immigration bill this summer -- whether it will be better, worse or no change on the marriage-based front in anyone's guess, though. The main noise and emphasis will undoubtedly be on the undocumented issue -- irrelevant to you.

The K3 was introduced as a stop-gap since the IR1/CR1 immigrant visa was taking too long to process. Now they both take around the same time to process, the K3 is pointless for most people.


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## betyouaint (May 11, 2009)

So just as a matter of interest, how long does Aos take...? And at what point would I be legal to seek employment...? From what I can find 60-90 days seems a popular guesstimate...?

Also, am I unable to leave and re-enter the US whilst the application is being processed..?

In the meantime, I'll endeavour to scour the forums for some more answers... just in case...


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## gkloken (Aug 9, 2007)

Your best options is to again freelance, consult, while you are here, just make sure you apply for your ITIN number immediately in the US.

Come over get married ASAP and file immediately. It will take approx 3-5 months to get your official work permit. you just file an adjustment of status if you are in the country no need to go out even your interview is done in the US then.
Be together as much as possible, take lots of photos together, and get affadavits from independent people that know and have seen that you two lived together for those periods . Your recent divorce cases could make it difficult, so get as much as possible ammunition for the subsequent interview. 
Very important is that your Fiance should have a yearly income of around 40K and filed tax returns to prove that he/she could support you that's, if you do not have your own funds for the above period.


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## Fatbrit (May 8, 2008)

gkloken said:


> Your best options is to again freelance, consult, while you are here, just make sure you apply for your ITIN number immediately in the US.
> 
> Come over get married ASAP and file immediately. It will take approx 3-5 months to get your official work permit. you just file an adjustment of status if you are in the country no need to go out even your interview is done in the US then.
> Be together as much as possible, take lots of photos together, and get affadavits from independent people that know and have seen that you two lived together for those periods . Your recent divorce cases could make it difficult, so get as much as possible ammunition for the subsequent interview.
> Very important is that your Fiance should have a yearly income of around 40K and filed tax returns to prove that he/she could support you that's, if you do not have your own funds for the above period.


A little knowledge can be a very dangerous thing.

The first red herring is the ITIN number. OP does not want, need or probably even qualify for an ITIN number. There are two basic reasons for needing one: you do business in the US but do not qualify for a SSN (e.g. a UK citizen and resident leasing their Florida villa to snowbirds) or you are a dependent of a visa holder who does not qualify for a SSN (e.g. the child of an L1 visa holder).

You cannot generally freelance consult on a VWP entry, with or without an ITIN. The ITIN is as much use to the OP as a chocolate teapot.

Now moving on to your recommendation of the "visa waiver express". It is fraudulent to enter the US on the VWP with the intent to remain. The consequences can be dire. If you're really going to recommend it to people (and some would say that is joining a conspiracy), you need to do much more than throw a few vague and inaccurate pointers around. There seems to be a good case for USCIS suspecting intent if he marries in the first few days, for example -- unless they're visiting Vegas, I suppose! Then again, if he leaves it too late, there's Momeni to ponder. And you haven't even checked for skeletons in the closet.

Dangerous post.


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## gkloken (Aug 9, 2007)

Fatbrit said:


> A little knowledge can be a very dangerous thing.
> 
> The first red herring is the ITIN number. OP does not want, need or probably even qualify for an ITIN number. There are two basic reasons for needing one: you do business in the US but do not qualify for a SSN (e.g. a UK citizen and resident leasing their Florida villa to snowbirds) or you are a dependent of a visa holder who does not qualify for a SSN (e.g. the child of an L1 visa holder).
> 
> ...


Do you know I have done almost everything I talk about on here. I just did not use a VWP but similar.
I agree it is "risky "to talk about things one do not know but and the only issues I do address is from my own experience including my legal advice that worked allalong . 

Now I ask you with all due respect have you gone through it, are you processing visas for your self,your family, friends and employees right now? In other words are you physically hands on involved with this right now?


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## Fatbrit (May 8, 2008)

gkloken said:


> Do you know I have done almost everything I talk about on here. I just did not use a VWP but similar.
> I agree it is "risky "to talk about things one do not know but and the only issues I do address is from my own experience including my legal advice that worked allalong .
> 
> Now I ask you with all due respect have you gone through it, are you processing visas for your self,your family, friends and employees right now? In other words are you physically hands on involved with this right now?


Only lawyers give legal advice having established an attorney-client relationship. There's no legal advice given on this forum.

Another red herring is my immigration status: I went all the way through: DV2000, processed Prague, entered 2000 as PR, N400 completed 2006. Easy, peasy pudding and pie.

And your history is?


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## Davis1 (Feb 20, 2009)

gkloken said:


> Your best options is to again freelance, consult, while you are here, just make sure you apply for your ITIN number immediately in the US.
> 
> Come over get married ASAP and file immediately. It will take approx 3-5 months to get your official work permit. you just file an adjustment of status if you are in the country no need to go out even your interview is done in the US then.
> Be together as much as possible, take lots of photos together, and get affadavits from independent people that know and have seen that you two lived together for those periods . Your recent divorce cases could make it difficult, so get as much as possible ammunition for the subsequent interview.
> Very important is that your Fiance should have a yearly income of around 40K and filed tax returns to prove that he/she could support you that's, if you do not have your own funds for the above period.


Very close to UPL ...let alone incorrect facts


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## twostep (Apr 3, 2008)

gkloken said:


> Your best options is to again freelance, consult, while you are here, just make sure you apply for your ITIN number immediately in the US.
> 
> Come over get married ASAP and file immediately. It will take approx 3-5 months to get your official work permit. you just file an adjustment of status if you are in the country no need to go out even your interview is done in the US then.
> Be together as much as possible, take lots of photos together, and get affadavits from independent people that know and have seen that you two lived together for those periods . Your recent divorce cases could make it difficult, so get as much as possible ammunition for the subsequent interview.
> Very important is that your Fiance should have a yearly income of around 40K and filed tax returns to prove that he/she could support you that's, if you do not have your own funds for the above period.


Save the watches!


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