Me and my fiance want to get married in august in Georgia. She's from the Netherlands and wants to live/work here soon as possible after marriage.

Is it possible that we get married (when she's here as a tourist), file a I-130 form, she goes back and awaits approval etc? Or are there things that I'm forgetting?

Please help me.. I need to know what would be the best way to do it. We want to marry and file everything here in the U.S. What should we exactly do?

Can someone please help me?

Ok I came to the USA on the VWP got married then RETURNED to England to wait for the visa!!
Read this...............

http://www.visajourney.com/forums/index.ph...page=i130guide2
Now read this.................
http://www.visajourney.com/forums/index.ph...page=i130guide1
Good Luck what ever you decide to do

Read the Guides at the top of this page

You can get married and file i-130 here, and adjust status. It would be kind of like K1 process, but consider that your fiancee has already arrived. Read their threads see what they do next... It's much easier to wait for EAD, AOS and green card while you are together:) She won''t be able to leave the country though, until she gets her 2 year conditional green card without taking a risk of not coming back. Keep that in mind.

That's how I understand it, but I am no expert.
I am sure someone more knowledgable be along to answer you shortly

Eva Malahova,

You left out the part where, if the adjustment is denied for misrepresentation, she will be leaving the country and won't be coming back.

What you suggest is often done successfully, but for those who aren't successful there's an awful price to pay. Keep that in mind when you make the suggestion.

Yodrak

GA86,

It's legal to get married while in the US on VWP as long as the foriegn national intends on returning home so that the I-130/K-3 route can be pursued. Coming to the US on VWP with the intent to get married and stay is considered immigration fraud and seriously frowned upon by the USCIS. The VWP is strictly for tourism and business with a 90 day limit on time in the US. For further info check these links:

http://www.uscis.gov/graphics/services/factsheet/index.htm#f
(see A2 guide, refer to p. 2 "What if my fiance uses a different kind of visa...")

http://www.travel.state.gov/visa/temp/with...out_1990.html#3

P.S. My hubbie came from the UK on the VWP and we were married on Tybee Island March 31....now we wait in our respective countries. Fortunately, we have been able to travel to see each other on the VWP. You just need proof of definite ties to your home country...like a job, mortgage, etc. Otherwise, the gov might assume you plan on staying with your spouse.

Ok I get it... I have no problem with going back after I got married, so that my husband can file the I-130 form while he stays in the U.S.

So that should work, right?

GA86, sounds like both of you are posting with the same ID. The original post says she wants to work as soon as possible after coming to the U.S. That would be the I-130, which could take approximately a year. She'd be waiting in the Netherlands after getting married here and immediately going back to Europe. Are you ready for the long distance honeymoon?

Does the problem of being suspected for immigration fraud apply to the case where the fiance(e) is here in the US on a H1B visa too? I only ask because I read that the H1 visa is a dual intent (that is there's an implicit intent to immigrate). And also, in this case after the wedding here in the US, does the H1B spouse have to return to his/her home country?

I'd really appreciate if someone could answer this question for me. Thanks!

If you want to marry and file everything in the US, you wold need a K-1 Fiance visa. You can not get one by August.

However, the Netherlands offers a very appealing alternative. Marry in the US and BOTH of you travel to Amsterdam and file your paperwork there. I think cases there are taking 2-3 months total. When you arrive back to the US as an immigrant (Immigrant Visa CR-1 instead of K-1) you become a Permanent Resident right away.
Read this Guide for more information on DCF/Direct Consular Filing: http://www.visajourney.com/forums/index.ph...om&page=dcf

You should/could start your own thread, or use the search. An H-1B is a dual-intent visa/status and there is no fraud involved in applying for AOS from it.
The H-1B does not need to leave the US after a wedding. They don't even have to apply for AOS immediately if they are going to stay in their H-1 job, but in my mind, it would be a good idea to get things moving. If you are unfamiliar with the processes, it's always a good idea to pay for a consultation with an attorney when there is a past immigration history (like the H1-.

Jerseygirl:

We don't mind being apart for a while after the marriage, but we have to file everything in the U.S. (personal reasons) I just want to know if this is possible:

we apply for a marriage license, get married in the U.S. and file for permanent resident status (I-130) IN THE US and then she leaves BACK to europe (amsterdam) while it's pending and comes back once everything is finished.

the distance between us will be something we'll deal with...

Filing I-130 is not filing for permanent residence.

Its approval will generate an invitation to her to apply for an immigrant visa.

Thanks a lot, meauxna!!!

Seems to me that if you wanted to have her eligible to work as soon as possible, you'd be interested in Direct Consular Filing in the Netherlands as meauxna suggested. She might even be able to take a leave from her current job and have it waiting for her, since she wouldn't be gone very long.

Tell us again:
- why you feel you absolutely must file in the U.S. (just a hint, so people can help)
- why you don't mind waiting apart for a year, instead of being together a few months in Europe
- that you know you're applying for an immigrant visa that classifies her as a legal permanent resident

Maybe there is some reason HE can not leave the US...