# Visa options fiancee / spouse?



## ychu0406 (May 6, 2013)

Hi all, we'd greatly appreciate any feedback you can provide on our situation. 

I'm a Singaporean citizen and he's a US citizen. 

We've been doing long distance for the last 18 months, and I've just recently quit my job to spend more time with him in USA. I'm currently entering the country under the Visa Waiver programme, which is a short term solution. Right now we're looking to find a long term solution to our US visa problems.

1) From a visa application perspective, would registering our marriage in the USA be preferable to ex-USA? We're not too fussed where it takes place, from a personal perspective. 

2) Also would it be better to apply for a spouse or fiancee visa? We understand both processes can take up to 1 year; in the interim, would I still be allowed in the USA on the Visa Waiver programme? 
- If so can I stay and work during the application process on some sort of temporary visa?

3) Would you recommend the use of an immigration lawyer for the application process? We are based in NYC, and we'd appreciate any referrals or recommendations on this!

Thank you very much in advance!


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## Davis1 (Feb 20, 2009)

for a fiancee visa 
K1 Process Flowchart

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support


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## snowgoose (Oct 7, 2012)

My friend went to stay with her boyfriend in Texas on the 3 month visa,she went on line,got all the required forms,filled them in and took them to the embassy,they dealt with it all and she has her green card and all went smoothly and quickly,plus she took the required medical in the US,and she did not even hire a lawyer,I sugest you go on line and get all the forms.


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## twostep (Apr 3, 2008)

Snowgoose - the so-called spontaneous marriage and Adjustment of Status does exist and often it works. When it does not work it creates a lot of problems. OP already quit her job to spend more time with her boyfriend and they are planning to get married. Not very spontaneous! 


Ychu046 - you can enter under VWP. It is highly recommended that you carry proof of binding ties to your home country. No, there is no short term work visa.


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## snowgoose (Oct 7, 2012)

*Visa*

The lady went there last Dec on the 3 month visa,Dec applied doing all the forms herself,March she had her green card and a S/S number,and got married by a judge,so I think it worked pretty darn quick for her doing it in the U/S instead of at London.


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## Crawford (Jan 23, 2011)

snowgoose said:


> The lady went there last Dec on the 3 month visa,Dec applied doing all the forms herself,March she had her green card and a S/S number,and got married by a judge,so I think it worked pretty darn quick for her doing it in the U/S instead of at London.


...... but the whole foundation of having a visa is that you obtain it before you enter the country.

Yes, some people have entered the US, got married 'spontaneously' and then applied for adjustment of status. Some have been successful in a relatively short time, some have been processed over a couple of years, and some have been refused the adjustment.

By entering on the VWP you relinquish all rights for appeal for adjustment of status. So if refused, you are on the next plane back.

The original OP has already quit her job and is entering the country under the VWP - no spontaneous marriage here!

You have to ask yourself how lucky do I feel?


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## twostep (Apr 3, 2008)

snowgoose said:


> The lady went there last Dec on the 3 month visa,Dec applied doing all the forms herself,March she had her green card and a S/S number,and got married by a judge,so I think it worked pretty darn quick for her doing it in the U/S instead of at London.


"My friend went to stay with her boyfriend in Texas on the 3 month visa,she went on line,got all the required forms,filled them in and took them to the embassy,they dealt with it all and she has her green card and all went smoothly and quickly,plus she took the required medical in the US,and she did not even hire a lawyer,I sugest you go on line and get all the forms. "

Slow down a bit. 
Your friend either filed Adjustment of Status in the US or K1 in the UK. There is no mix-and-match:>)


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## snowgoose (Oct 7, 2012)

*Visa*

she went on the 3 month Esta visa,


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## Davis1 (Feb 20, 2009)

snowgoose said:


> The lady went there last Dec on the 3 month visa,Dec applied doing all the forms herself,March she had her green card and a S/S number,and got married by a judge,so I think it worked pretty darn quick for her doing it in the U/S instead of at London.


so she got a green card in 3 months ... what complete utter nonsense


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## snowgoose (Oct 7, 2012)

*Visa*



Davis1 said:


> so she got a green card in 3 months ... what complete utter nonsense


I will get the lady to come on here and you can get it from the horses mouth so to speak,and then tell her it was utter nonsense,she will have an answer for you as to how she did it all unaided by any lawyers etc etc.


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## mamasue (Oct 7, 2008)

snowgoose said:


> I will get the lady to come on here and you can get it from the horses mouth so to speak,and then tell her it was utter nonsense,she will have an answer for you as to how she did it all unaided by any lawyers etc etc.



Whether or not it's nonsense... she was playing with fire.
Yes... some come over on the VWP and successfully adjust status...others try and fail....incurring a ban, with no chance to appeal.
Again, as Crawford rightly says.....is your friend feeling lucky??
I personally wouldn't risk it!


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