Visa waiver and getting married?! Help greatly appreciated!

[carolinadan86 2]

Hello all,

I might have a unique situation although I'm sure the people on this site have seen it all! I would GREATLY appreciate any help that you guys and gals can offer me! I've done plenty of looking around but things are a little unclear and the clock is ticking away!!!

I am a natural born U.S. citizen from NC (25 years old). My fiance (I just proposed this week!!!!) is from the Czech Republic (23 years old). We both met in Spain where I was a study-abroad coordinator for nearly 2 years after college. She was a student at the university where I worked (she needed good grades! hahaha! just kidding!) We've been together now for 2 years, lived together in Spain for awhile, and I've visited her and her family multiple times in the Czech Republic. I even spent Christmas of 2010 with her and her family.

I moved back to the U.S. in October of 2011 since my internship in Spain had ran it's course. She then came over to spend Christmas of 2011 with me and my family in NC. She is currently in the U.S. for her second visit (on the visa waiver program) with a return ticket before the 90 day expiration of her visa.

Back in May I took a job in Florida and moved down to Fort Lauderdale where we are currently located. My fiance flew into Charlotte, NC in June (we had bought the ticket before I accepted my current job in FL) and my parents drove her down a week after she arrived. My parents and her get along almost freakishly well!!!

Now that I've proposed we want to get married down here in FL. We had originally planned to get married in a year or two after I was better established. However, once she got here we realized that we couldn't go on only seeing each other 1 or 2 months at a time with 6 to 8 months in between visits (not to mention the cost of airfare and my limited time off with a new job!). So....we just decided to go for it!

Now, my questions are these: We will be married in the next few weeks before her 90 day limit expires. However, what about filing for AOS??? Do we have to file for AOS before her 90 days is up as well??? As a time frame: we'll be getting married on the 26th of August and her 90 days expires on September 10th.

I realize that getting married on the visa waiver is not the best thing to do but since it was spontaneous I think we'll be ok(or so I understand from what I've read in the past couple days).

I'm just afraid that with all the other paperwork involved we might not have time to file effectively before her 90 days expires. Please tell me what you think about overstaying the visa waiver when married to a U.S. citizen under the 90 day limit but filing for AOS a couple of weeks or a month after the 90 day limit expires.

To complicate things further...I still haven't got my Florida drivers license since I've only been here for 3 months now. If I get married with NC drivers license on the marriage certificate but then try to file AOS with her here in FL am I going to run into trouble??? I suppose I could always try to get my driver's license changed this week but it might take them a couple weeks to mail it to me. I just want to do everything LEGALLY and in the appropriate manner.

I know this is quite a novel here, and I greatly appreciate everyone's time and input on the matter! This seems to be a great community that will really help me understand this crazy process!

[Boiler 43,401]

Most States do not give you 3 months as a new resident to get a State DL, everything else looks doable.

[Que Saudade 284]

Check this link out to another thread. This was hotly debated. Hot Post

You will be able to see a tremendous amount of good information as well as ridiculous opinion.

Your thread will probably become a hot topic as well.

File the AOS as soon as you can. There is no true timeframe on filing, but highly recommended you do it ASAP.

She will not be able to leave the US until she gets her green card. As she is here on tourist visa, once she leaves, the tourist visa can't be used to get back in while she is adjusting her status.

Just make sure you understand the entire process that you are about to enter.

Good luck.....

P.S. Adjustment of Status will take about 8-9 months. (maybe longer, maybe shorter)

Edited August 10, 2012 by Que Saudade

[Harpa Timsah 13,258]

Don't bother reading the above linked post, it's nonsense

Concurrent filing only takes 4-6 months.

I don't know why a DL matters. Get married with a passport?

[JohnR! 5,495]

Suggestion: If you do not wish to wait for a Florida DL to get married, get on a plane, go to Las Vegas and get married there. It is simpler and as good and kosher as getting married in any other places in the States, it is valid in all 50 States, it is valid for immigration and it comes with the added advantage of allowing you to marry and honeymoon on one airfare.

Once you are married, file for AOS as soon as possible.

Good luck and congratulations.

Edited August 10, 2012 by Gegel

[carolinadan86 2]

Yeah I think we're both just going to use our passports to get married with. They won't decline to accept our AOS application at the Ft. Lauderdale/Miami USCIS office since I have a NC drivers license though?

But overall, our biggest concern is the 90 day time-frame and whether or not we'll be ok if we get married before it expires but file for AOS perhaps a month after the 90 days have expired.

I guess we could really bust our butts and get it all done in about a week after the marriage but it might take a little longer than that with all the supporting documents and whatnot. I mean, if she needs a copy of her birth certificate or something like that from the Czech Republic it could take weeks to arrive in the mail especially since she's here and we'd have to get her mom and dad to do it for us.

Has anyone here ever successfully adjusted status after their time is up on the visa waiver program? We obviously don't want to have any problems...and we also don't want to have to wait for up to a year for the next time we see each other (or worse get her banned from entering the U.S. ever again!)

I've been browsing around and it seems like a mix of absolute horror stories for some, and "easy as apple pie" for others!

[Que Saudade 284]

Has anyone here ever successfully adjusted status after their time is up on the visa waiver program?

Yes, Many.

The problem occurs when couples enter on VWP knowing they are going to circumvent the system. i.e. Fiance comes over planning to get married and stay so they do not have to wait for a K1 or CR1 visa to be adjudicated. This is immigration fraud.

It appears you had no such intent.

Edited August 10, 2012 by Que Saudade

[carolinadan86 2]

Yes, Many.

The problem occurs when couples enter on VWP knowing they are going to circumvent the system. i.e. Fiance comes over planning to get married and stay so they do not have to wait for a K1 or CR1 visa to be adjudicated. This is immigration fraud.

It appears you had no such intent.

Yeah I read that entire thread in the last hour or so, it seems that we'll need a lot of supporting evidence to prove everything was spontaneous (which it actually is!). She just graduated college though and came over here to visit for a few months before going back home to either continue to the next level (masters) with her education or to start looking for a job. The problem is she doesn't have any "hard" evidence like written job acceptance for her return, or new enrollment for a master's program (over there it's different, she can apply in September a couple weeks before classes start).

Especially since we (and all my friends and family) knew that we eventually wanted to get married I think it looks a little suspicious. We're doing it without prior intent to do it at this TIME. Have we talked about it previously? Of course! But it was to be done after I knew where the heck I was going to end up with my career and I had already gotten settled in for a year or two. Now, after she's been here for two months neither of us could imagine having to put up with being apart for such a long time again while waiting for the next time we'll have the money to buy a plane ticket!

Maybe I'm freaking out a little too much! hahahaha! But are they really going to grill us on this stuff?!?!? Should we even let them know that we had previously talked/planned on getting married in the future??? I don't want to lie, but at the same time I can see where depending on the immigration officer's mood he or she could swing either way.

[Boiler 43,401]

You are freaking out. No biggie.

[Que Saudade 284]

Maybe I'm freaking out a little too much! hahahaha! But are they really going to grill us on this stuff?!?!? Should we even let them know that we had previously talked/planned on getting married in the future???

Don't freak out. Who knows, I know one person that they never even brought it up. Of course you should let them know if they ask. Just tell the truth. Which is what you posted here. She came to visit, planning on going back (return plane ticket in hand), you guys decided to get married.

Just enjoy your wedding, do not worry so hard about the 90 day thing. File the adjustment of status as soon as possible.

Make sure she understands she can't leave US until she gets greencard in hand. I would not trust advanced parole at all for getting back into US. Lots of issues with that. She can't use tourist visa while she is adjusting status.

Congratulations on your upcoming wedding..!

[carolinadan86 2]

Don't freak out. Who knows, I know one person that they never even brought it up. Of course you should let them know if they ask. Just tell the truth. Which is what you posted here. She came to visit, planning on going back (return plane ticket in hand), you guys decided to get married.

Just enjoy your wedding, do not worry so hard about the 90 day thing. File the adjustment of status as soon as possible.

Make sure she understands she can't leave US until she gets greencard in hand. I would not trust advanced parole at all for getting back into US. Lots of issues with that. She can't use tourist visa while she is adjusting status.

Congratulations on your upcoming wedding..!

Thanks for the well wishes!!! Oh and by the way, she doesn't have a "tourist visa" per se, its the "visa waiver program" I think its called the "ESTA" visa. I don't know if that makes a difference or not....

[Que Saudade 284]

Thanks for the well wishes!!! Oh and by the way, she doesn't have a "tourist visa" per se, its the "visa waiver program" I think its called the "ESTA" visa. I don't know if that makes a difference or not....

Same concept.... different names. She entered legally.

[carolinadan86 2]

Ok great! Thanks for the replies everyone! I'm starting to feel a little bit more at ease over the whole thing! Time to enjoy the wedding and have some fun! All of these forms and regulations and fees can take the magic and enjoyment out of getting married if you let it I suppose!

[Penguin_ie 5,984]

*** Moving from AOS from Family to AOS from Tourist visa ****

[Xanax 349]

Don't bother reading the above linked post, it's nonsense

Concurrent filing only takes 4-6 months.

I don't know why a DL matters. Get married with a passport?

People making a huge deal out of nothing, though, every time someones tries to adjust people do it and kick up a fuss for some unknown reason!

Good luck, congratulations If for whatever reason your AOS if denied, your wife can return home and you can file for a CR-1 visa.

Yes, Many.

The problem occurs when couples enter on VWP knowing they are going to circumvent the system. i.e. Fiance comes over planning to get married and stay so they do not have to wait for a K1 or CR1 visa to be adjudicated. This is immigration fraud.

It appears you had no such intent.

Yeah I think we're both just going to use our passports to get married with. They won't decline to accept our AOS application at the Ft. Lauderdale/Miami USCIS office since I have a NC drivers license though?

But overall, our biggest concern is the 90 day time-frame and whether or not we'll be ok if we get married before it expires but file for AOS perhaps a month after the 90 days have expired.

There was one member on this board who adjusted after 20 years of overstay or something outrageous! A few days or months is nothing compared to that.

Edited August 10, 2012 by Xanax