# Getting Married to British Fiance...



## RosyStrange (Jan 10, 2010)

hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August) 

he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...

after the wedding will he be able to stay here and work after filing for his residency or will he most likely have to go back home...

by the time we are married we will be together for a year...does anyone know what types of evidence we will need to show...

as far as the wedding we will have to show that he did not enter planning on getting married right?

does anyone know how long the whole process generally takes?


sorry for the many questions...

Rosy


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## tictactoe (Feb 24, 2010)

The process I understand after filing for adjustment of status, simply allows your Husband to be resident during the processing of the application. I did this with my Ex-Wife, but it proved complicated initially. He could have applied prior to departing but I understand that is more time consuming (about 2 Years).

If your Husband needs to depart out of the US, during the application, advance parole is needed. The evidence I guess could be emails, letters etc. However, if you indicate he intended to enter the US to marry you, and was premeditated, that if I recall could be a negative for you.


RosyStrange said:


> hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August)
> 
> he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...
> 
> ...


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## RosyStrange (Jan 10, 2010)

The only thing is how long after filing would we know...if we plan to marry the beginning of August and he comes the end of May his 3 months will end a couple weeks after the ceremony..if he returns home will have to wait there until its cleared...or will he be able to come back a visit? 

what is advance parole?

we have emails and such without any wedding details...we also have Christmas cards addressed to the both of us...we have flight itinerary, pictures, i can get phone records...we have alot of Facebook messages that im sure would count as emails....


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## Davis1 (Feb 20, 2009)

RosyStrange said:


> hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August)
> 
> he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...
> 
> ...


What you are planning is illegal ..you cannor enter the US on a visa waiver with the intent to marry and stay ... Some do get away with it ..but if you dont ...
there is no putting it right ...

Do it properly and sleep at night ...
You could either file for a K-1 fiancee visa now 

or get married as planned then he must return to home and file for a CR!

there are plenty of web site that have flow charts for the whole procedure 



http://www.uscis.gov/USCIS/New Stru.../Resources-3rd level/How Do I Guides/A2en.pdf


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## RosyStrange (Jan 10, 2010)

What you are planning is illegal ..you cannor enter the US on a visa waiver with the intent to marry and stay ... Some do get away with it ..but if you dont ...
there is no putting it right ...


Illegal? even if he does plan on going home...? its why i am looking and trying to get information about it...We are already thinking that he will have to go home but just wanting to look at different options...

I am not sure how they would known about intending to marry...My friend and her spouse are currently going through the process of immigration its been 8 months and they still have not heard anything about his pending Spousal Visa...

so in turn not sure how long the Fiance Visa will even take to process...We just want to be together and not 6000 miles apart..


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## Davis1 (Feb 20, 2009)

[
There is just really just the two option as I described
fiancee or spousal visa


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## RosyStrange (Jan 10, 2010)

if we go ahead and marry on the VWP

he then goes home as planned...and then we start his paperwork...are we more likely to get in trouble then...if he didnt remain here but went back to England do start the Spousal Visa and all that is required...

and how would that play out if he wants to come back the end of Oct to be here for the holidays?


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## Davis1 (Feb 20, 2009)

RosyStrange said:


> if we go ahead and marry on the VWP
> 
> he then goes home as planned...and then we start his paperwork...are we more likely to get in trouble then...if he didnt remain here but went back to England do start the Spousal Visa and all that is required...
> 
> and how would that play out if he wants to come back the end of Oct to be here for the holidays?


Yes you can do that ... best not to announce at the POE that you are coming for marriage though 

Again same applies you can try to get in .... but if he still has a job and responsibilities its possible


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## RosyStrange (Jan 10, 2010)

yeah he wasnt going to mention marriage there at all...

if he goes home and then i start the paperwork...with a lawyer i can have the lawyer write a letter saying that a visa is pending so when he visits after that he shouldnt have a problem...thats what my friend and her spouse are doing...


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## Fatbrit (May 8, 2008)

The nightmare question!


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## Davis1 (Feb 20, 2009)

Fatbrit said:


> The nightmare question!


And how many times have we heard it ....


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## Fatbrit (May 8, 2008)

Davis1 said:


> And how many times have we heard it ....


Too many!


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> The nightmare question!



that bad huh...


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## Fatbrit (May 8, 2008)

RosyStrange said:


> that bad huh...


It's not your fault. The problem is that you (I'm sure inadvertently!) ask for advice on breaking the law. If you asked how to break open a bank safe, you'd understand why posters (however knowledgeable) are reluctant to answer.


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> It's not your fault. The problem is that you (I'm sure inadvertently!) ask for advice on breaking the law. If you asked how to break open a bank safe, you'd understand why posters (however knowledgeable) are reluctant to answer.



i dont want to break the law...he is going to go back home and then apply for the Spousal Visa....we just wanted to get married on his visit here...not expecting him to just try and stay...


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## tictactoe (Feb 24, 2010)

Things have changed since I married within the US, and maybe others on this forum could advise with more recent info. I think the same criteria still exist though. 1, He's British, enters on a visa waiver entry correct? You have to be Married within the US, to enable an adjustment of status. In my case, my Wife filed, as my sponsor (and had to meet financial criteria for that, including to be liable for any debts due to the State for 10 years (40 quarters, as it stated, divorce was not an exception for liability either). In my case, I was allowed to remain state side, while my application was processed (again that may have changed, I'm sure the website has detailed info, and will check for you), if I had reason to depart (I did as my Mother was elderly, and I had to return to Britain you needed to obtain permission to leave the US. The permission, is 'advance parole'. If you left without it you could put your application into jeopardy. Do not tell the US authorities if he enters under visa waiver you intend to marry, if you do they may decline entry. If things have not changed since 2003 then once legally married you can adjust status from within. He can apply for a Social number and permission to work, while the application is processed, it took a year to process. The problem mainly was financial, you need a bucket of cash for filing fees, and to prove you are financially worthy to sponsor him (you may be able to get a co-sponsor, not sure on that.

Hope that helps some.


RosyStrange said:


> The only thing is how long after filing would we know...if we plan to marry the beginning of August and he comes the end of May his 3 months will end a couple weeks after the ceremony..if he returns home will have to wait there until its cleared...or will he be able to come back a visit?
> 
> what is advance parole?
> 
> we have emails and such without any wedding details...we also have Christmas cards addressed to the both of us...we have flight itinerary, pictures, i can get phone records...we have alot of Facebook messages that im sure would count as emails....


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## tictactoe (Feb 24, 2010)

Everything in life is a gamble, what if this, that or something else? You have to make a start somewhere, and have determination to see it through to conclusion, right. I believe the US is built on risk taking to a degree, you just go for it as legally as possible. I know people who did not enter on Visa Waiver, did things by the book, still failed! Others took a few shall we say 'shortcuts', but the outcome was positive, the end result proved to be worth it. Talk about law, was it legal to invade Iraq, heck it was (sorry to get political, but a good analogy).


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## Fatbrit (May 8, 2008)

tictactoe said:


> Things have changed since I married within the US, and maybe others on this forum could advise with more recent info. I think the same criteria still exist though. 1, He's British, enters on a visa waiver entry correct? You have to be Married within the US, to enable an adjustment of status. In my case, my Wife filed, as my sponsor (and had to meet financial criteria for that, including to be liable for any debts due to the State for 10 years (40 quarters, as it stated, divorce was not an exception for liability either). In my case, I was allowed to remain state side, while my application was processed (again that may have changed, I'm sure the website has detailed info, and will check for you), if I had reason to depart (I did as my Mother was elderly, and I had to return to Britain you needed to obtain permission to leave the US. The permission, is 'advance parole'. If you left without it you could put your application into jeopardy. Do not tell the US authorities if he enters under visa waiver you intend to marry, if you do they may decline entry. If things have not changed since 2003 then once legally married you can adjust status from within. He can apply for a Social number and permission to work, while the application is processed, it took a year to process. The problem mainly was financial, you need a bucket of cash for filing fees, and to prove you are financially worthy to sponsor him (you may be able to get a co-sponsor, not sure on that.
> 
> Hope that helps some.


A little knowledge can be a dangerous thing! Bits are good, bits questionable in their application to the OP, and bits are either definitely wrong or inadvisable.


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## tictactoe (Feb 24, 2010)

True, but nothing beats personal experience. And I'm sure you can quote immigration Law left right and centre. But, and this is the but, often Officials judge peoples genuineness first. Many arranged marriage to gain entry has been done 'legally', and I recall the Immigration Officer at INS as it was then, who looked into my eyes and could judge this was a genuine application. I recall a lot of Mexican's who had correct paperwork (and other Nationalities, no discrimination) and were not accepted. Sorry to say, and I've said this before to you (and you don't seem to like it!), one day soon we will see $10 assisted passage (like Oz in the 70s) become reality. It is pure economics, just like a McDonalds that is ALWAYS recruiting, it is the lifeblood to the US, you know it is.


Fatbrit said:


> A little knowledge can be a dangerous thing! Bits are good, bits questionable in their application to the OP, and bits are either definitely wrong or inadvisable.


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## RosyStrange (Jan 10, 2010)

well i just wanted to get different info about what to do..
im just confused...i dont want to break the law, i just want to marry him...


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## Fatbrit (May 8, 2008)

tictactoe said:


> True, but nothing beats personal experience. And I'm sure you can quote immigration Law left right and centre. But, and this is the but, often Officials judge peoples genuineness first. Many arranged marriage to gain entry has been done 'legally', and I recall the Immigration Officer at INS as it was then, who looked into my eyes and could judge this was a genuine application. I recall a lot of Mexican's who had correct paperwork (and other Nationalities, no discrimination) and were not accepted. Sorry to say, and I've said this before to you (and you don't seem to like it!), one day soon we will see $10 assisted passage (like Oz in the 70s) become reality. It is pure economics, just like a McDonalds that is ALWAYS recruiting, it is the lifeblood to the US, you know it is.


There are couple of problems with relying on personal experience:

1/ The law changes rapidly. Was your AOS before or after Momeni? The OP has already stated that her nuptials will be towards the end of the 90-day window -- so there's a cause for concern already.

2/ Your case is not the OPs. Perhaps you didn't get a caution for an ecstasy tablet in a youthful indiscretion. Perhaps the CBP inspector didn't ask you exactly the same questions he asked the OP or perhaps the answers were different. And yes, when these cases go tits up, it revolves around little stuff like that with a factor of randomness thrown in for good measure.

The problem with VWP entry -> Green Card method is that on the small number of occasions it goes wrong, it often goes wrong beyond repair. I don't blame folks for doing it since the authorities are IMO unreasonably long with paperwork. But then again I'm not going to categorise step by step on how to do the perfect one with the best chances of getting away with it. The last immigration forum to do that was forced off line by the bar association.

You don't need to highlight the racist nature of some IJs for me -- I already live in Arizona and follow the stories avidly. However, I wouldn't be so keen to write off the US yet. It's a great nation at reinventing itself.


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## tictactoe (Feb 24, 2010)

My advice, I'm clearly not an immigration expert is to do what your heart tells you. Be truthful at all times, but you have the right to be economical with that truth. If you are genuine, I believe this will shine through. Immigration Officers are not fools. they ask umpteen questions to try to catch you out. But, they want sincere hard working people within the US. The law is mainly designed to exclude arranged marriage, I believe. Their would be NO provision to adjust status otherwise would their? I had a buddy who worked in Immigration at Sanford (Orlando), and if he could 'legally' say what I did I guess he would, as we had numerous chats about theoretical cases (obviously, he could not go into detail about real people). So I guess a lot of people obey the 'spirit of the law', for the ultimate good, if they are genuine.


RosyStrange said:


> well i just wanted to get different info about what to do..
> im just confused...i dont want to break the law, i just want to marry him...


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## Fatbrit (May 8, 2008)

RosyStrange said:


> well i just wanted to get different info about what to do..
> im just confused...i dont want to break the law, i just want to marry him...


I know. That's why it's the nightmare question! You do nothing wrong and all hell breaks lose. Just remember it isn't your fault!

3 options 

1/ Apply around 9 months before marriage, he comes over and you get married, and he stays in the US with you. He'll have permission to work a couple of months after your marriage if that's important to you. So if you apply now, we're looking at Xmas 2010.

2/ Get married when he comes over on the VWP He returns to the UK and waits around 9 months for his immigrant visa to come and live with you. He can work as soon as he arrives.

3/ Get married on the VWP and stay to adjust status. If all goes well, he'll have permission to work a couple of months after the marriage. If it goes wrong, you're moving to the UK or getting a divorce.

We better get some other nasties out of the way:

For him:
* Have you ever been arrested for anything, anywhere?
* Do you suffer from a serious communicable disease?
* Do you suffer from a mental disorder?
* Have you ever broken the terms of any previous visit to the US?
* Do you any connections whatsoever with countries the US might consider as terrorist in nature? 

For you:
* Do you earn enough?


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## Fatbrit (May 8, 2008)

tictactoe said:


> My advice, I'm clearly not an immigration expert is to do what your heart tells you. Be truthful at all times, but you have the right to be economical with that truth. If you are genuine, I believe this will shine through. Immigration Officers are not fools. they ask umpteen questions to try to catch you out. But, they want sincere hard working people within the US. The law is mainly designed to exclude arranged marriage, I believe. Their would be NO provision to adjust status otherwise would their? I had a buddy who worked in Immigration at Sanford (Orlando), and if he could 'legally' say what I did I guess he would, as we had numerous chats about theoretical cases (obviously, he could not go into detail about real people). So I guess a lot of people obey the 'spirit of the law', for the ultimate good, if they are genuine.


CBP can be very understanding. A military mentality is sometimes best. Know someone who came into Phoenix on a VWP, already married to a US serviceman and planning to set up shop at his latest posting here. Knowing no better at that time, she told the officer exactly what she was doing. Officer stamped 90 days on her I-94W and told her he hadn't heard a word she'd said.On the other hand, I can relate tales of woe.


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## tictactoe (Feb 24, 2010)

I agree on all points, however, it is because the US has the ability to reinvent itself, migration is needed. I believe that it is the recruitment of key people in specialized areas from beyond it's boundaries that will aid this, combined with even more non-skilled migration. The evolution of the US will take time, the end result will I believe somewhat resemble to a greater degree the Continent you left. In addition, Britain too will change to adopt some of the principles the US has to offer. Meanwhile, it may be a bumpy ride (for us all), I think the Euro will fail, then the Dollar too, a dissipation of wealth will then result on an unprecedented scale (obviously this is not a finance forum, but giving you my reasons), it is NOT writing off the US, it is just like the Titanic sinking, a mathematical fact! The US WILL survive, but in a different more experienced and Worldly form.


Fatbrit said:


> There are couple of problems with relying on personal experience:
> 
> 1/ The law changes rapidly. Was your AOS before or after Momeni? The OP has already stated that her nuptials will be towards the end of the 90-day window -- so there's a cause for concern already.
> 
> ...


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> I know. That's why it's the nightmare question! You do nothing wrong and all hell breaks lose. Just remember it isn't your fault!
> 
> 3 options
> 
> ...


The questions asked for him...they are all NO..

the question for me...is also a NO but we already have a sponsor/co-sponsor in order...

I actually just talked to an immigration lawyer that i found on the site you mentioned...

he said that we can marry on a VWP and apply for change of status.. that he wont have to return home after we are married.. he said as long as we marry 60 days after he entered the US then we should not have a problem


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## Fatbrit (May 8, 2008)

RosyStrange said:


> The questions asked for him...they are all NO..
> 
> the question for me...is also a NO but we already have a sponsor/co-sponsor in order...


Good and good!



RosyStrange said:


> I actually just talked to an immigration lawyer that i found on the site you mentioned...
> 
> he said that we can marry on a VWP and apply for change of status.. that he wont have to return home after we are married.. he said as long as we marry 60 days after he entered the US then we should not have a problem


(It's funny how many lawyers believe in the 30/60/90 rule and how the other side of the profession vehemently deny it exists for the purpose outlined. As a layperson, I just shake my head.)

Did the lawyer strongly suggest you file AOS before his 90 days are up? I hope so or I wouldn't bother using them.


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> Good and good!
> 
> 
> 
> ...


he did suggest that love...he said marry after 60 days and then immediately file the AOS..


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## Davis1 (Feb 20, 2009)

RosyStrange said:


> he did suggest that love...he said marry after 60 days and then immediately file the AOS..


I stand by my method ...


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## Fatbrit (May 8, 2008)

RosyStrange said:


> he did suggest that love...he said marry after 60 days and then immediately file the AOS..


Did s/he talk about things that could go wrong at VWP entry and cause you to rethink the idea?


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## Fatbrit (May 8, 2008)

Davis1 said:


> I stand by my method ...


Always the traditionalist! It's certainly safer.


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> Did s/he talk about things that could go wrong at VWP entry and cause you to rethink the idea?


he did not it was a telephone consultation....all he said was it was a bad idea to send him back to England after we were married...


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## Davis1 (Feb 20, 2009)

RosyStrange said:


> he did not it was a telephone consultation....all he said was it was a bad idea to send him back to England after we were married...


If you find that method listed anywhere by the Man (USCIS)
then its good ... you won't


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## RosyStrange (Jan 10, 2010)

so you are saying.....

apply for Fiance Visa
get married
have him return home
then apply for Spousal Visa
and wait however long...


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## Fatbrit (May 8, 2008)

RosyStrange said:


> he did not it was a telephone consultation....all he said was it was a bad idea to send him back to England after we were married...


It's a bad idea in that you'll then be apart for a while. But from an immigration goal viewpoint, I don't think it's a particularly bad idea.

If you're going to cut the corner, make sure you understand the full risk. There's a lot to learn and research. Don't expect to do it all in a day.


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## RosyStrange (Jan 10, 2010)

Fatbrit said:


> It's a bad idea in that you'll then be apart for a while. But from an immigration goal viewpoint, I don't think it's a particularly bad idea.
> 
> If you're going to cut the corner, make sure you understand the full risk. There's a lot to learn and research. Don't expect to do it all in a day.



we have both been researching for months...just seems like we get so much different info...now i try and talk to a lawyer and that info might not be right...


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## Fatbrit (May 8, 2008)

RosyStrange said:


> we have both been researching for months...just seems like we get so much different info...now i try and talk to a lawyer and that info might not be right...


I thought I'd already explained: if you asked you can get away with robbing a bank on a public forum, you're going to get weird answers. If the lawyer is speaking to you in private as a client, then you are in a private confessional. I bet if you'd told the lawyer you were going to post their advice on a public forum, you'd have heard nothing but the phone line being cut.


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## BritishGav (Jan 26, 2010)

From what I've read you might be better off applying for the financee visa, this is what I'm intending to do when the time comes. As its a nonmigrant visa you can enter the US straight away, once you get the visa which takes about six months I think. But on the spouces one you sometimes have to wait even after you've got the visa.

Either way I think it's horribly complicated and there are loads of things you need to prepare.


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## Fatbrit (May 8, 2008)

BritishGav said:


> From what I've read you might be better off applying for the financee visa, this is what I'm intending to do when the time comes. As its a nonmigrant visa you can enter the US straight away, once you get the visa which takes about six months I think. But on the spouces one you sometimes have to wait even after you've got the visa.
> 
> Either way I think it's horribly complicated and there are loads of things you need to prepare.


Not sure I agree there. Perhaps you're thinking of the K3 -- an obsolete visa to be avoided at all costs for those from the first world.

If you were to chose a visa purely on its immigration benefits, the IR1/CR1 immigrant visa (which requires you to be already married) is probably the best one since you are ready to go the moment you land ion US soil with it. To my mind the K1 is the bureaucrats tacking the mickey -- you pay twice as much for twice as much paperwork.


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## Davis1 (Feb 20, 2009)

Fatbrit said:


> If you were to chose a visa purely on its immigration benefits, the IR1/CR1 immigrant visa (which requires you to be already married) is probably the best one since you are ready to go the moment you land ion US soil with it. .


My choice as well ...by far the best


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