My Story - should I marry while in the USA?

[Soul Froosh 31]

I'm going to try and keep this as short as possible.

I'm 31 year old musician from England. I came to Portland, Maine in the summer for 3 months to concentrate on music (writing & recording) and to take a break from problems back home. I had savings to cover my trip. While here in the summer, I fell in love with my roommate (Rosie) and we were a couple when I left.

I then went home (to not violate the 90 day rule) for 6 weeks and to tie up more loose ends with my home, with the intentions of coming back to the US for another long stay to be with Rosie. I had trouble coming back through immigration, hoisted into the back with the usual interrogation, made to feel like a criminal, bags searched etc.

After speaking with Rosie over the phone regarding my intentions here, they let me in, but stipulated I must leave in December (which was my return flight) and she will then have to petition for a fiance visa to come back in - otherwise I'm banned for a year.

So here I am in Maine with my girlfriend. We have around 3 weeks left until I have to leave and we are seperated. Is it best to marry before I leave, and then have her appeal for a spouse visa (while I'm in England)? Or go home unmarried and petition for the fiance visa?

It's only just dawning on us now how long and complicated all this will be, but by all accounts it seems me leaving as Rosie's husband will make it easier to get back in?

I wish they would make it easier for couples in these situations to be together. Any advice or info would be much appreciated. Thanks

[Ontarkie 13,904]

~~Moved to What Visa Do I Need - Family Based Immigration, from IR-1 / CR-1 Spouse Visa Process & Procedures - As they are still exploring their options~~

[Jeanna 21]

Right now, I have a few friends who filed their I-129F application for fiance and it was sent to the embassy within 3 months which is a crazy amount of time! So fast.

I've read of some people with a spousal visa still waiting from months ago so it's hard to say which is best. Check the current processing time for both visas online through the service center ya'll would use for the type of petition you would be filing.

You can also marry here and apply for AOS but you are not supposed to come here with that intention. My best friend's fiance came here for a visit while she was pregnant to visit. That was his intention. He ended up staying and they got married because they could not bear the thought of being apart and adjusted his status. They had no issues because his intention was just to visit.

It's not illegal to marry a US citizen here and if you do it's not illegal to adjust your status but you may not enter here with that intention.

You should get the advice of a reputable immigration attorney if you are worried.

[kzielu 1,144]

I'm going to try and keep this as short as possible.

I'm 31 year old musician from England. I came to Portland, Maine in the summer for 3 months to concentrate on music (writing & recording) and to take a break from problems back home. I had savings to cover my trip. While here in the summer, I fell in love with my roommate (Rosie) and we were a couple when I left.

I then went home (to not violate the 90 day rule) for 6 weeks and to tie up more loose ends with my home, with the intentions of coming back to the US for another long stay to be with Rosie. I had trouble coming back through immigration, hoisted into the back with the usual interrogation, made to feel like a criminal, bags searched etc.

After speaking with Rosie over the phone regarding my intentions here, they let me in, but stipulated I must leave in December (which was my return flight) and she will then have to petition for a fiance visa to come back in - otherwise I'm banned for a year.

So here I am in Maine with my girlfriend. We have around 3 weeks left until I have to leave and we are seperated. Is it best to marry before I leave, and then have her appeal for a spouse visa (while I'm in England)? Or go home unmarried and petition for the fiance visa?

It's only just dawning on us now how long and complicated all this will be, but by all accounts it seems me leaving as Rosie's husband will make it easier to get back in?

I wish they would make it easier for couples in these situations to be together. Any advice or info would be much appreciated.

So are you asking if it will be easier to get it while waiting for fiancee/spousal visa ? Or whether it will be easier to get one ?

As for VWP visit, I think it's a hit or miss, having been to secondary I think you'll have bit of trouble getting in regardless of whether you're her husband or not - probably depends on CBP mood that day.

Now K-1 vs. CR-1 is another choice you have to make, check out the VJ guides on the top of the page. From what I've seen, some of CR-1s applicants face awfully long processing times right now...

[Avery Cates 1,141]

If you're asking for what's quicker, it's a gamble, really. There is no obvious answer, nor does USCIS want there to be one.

Right now, K-1s (fiancee visas) are relatively quick especially if you're from a low fraud country. Ours took a bit over 7 months total from filing to her being here. Right now from what I read there is a large backlog of I-130s (spousal visas) and people who filed in March are still waiting to hear anything. BUT, as I said, USCIS doesn't want any one quicker than the other for long, as I suspect within a few months they'll begin shifting resources back to I-130 processing, which they've already started to do in small amounts.

So, your gamble is applying for the current flavor of the month and hope it stays relatively expedient, or take the chance that the I-130s will start to see some love soon, however even in that scenario they have quite the backlog to get through before they even start considering new petitions.

I would probably go the K-1, all things considered.

[Soul Froosh 31]

Thanks for the replies everyone.

So in the case of leaving, it makes little difference either way if we're married or just engaged - that sucks.

Well I didn't come in with the intentions of marrying and abusing a tourist visa, or commiting fraud etc, so we should be able to marry, remain here, and apply for an AOS. We just don't want to be seperated for 7 month +

Maybe that's a big risk. I'm getting legal advice on Tues and will take it from there.

[NikLR 13,220]

You can AOS. The CBP let you in because they felt at this time you were not intending to immigrate and that wasn't your intention to begin with I assume.

[Soul Froosh 31]

You can AOS. The CBP let you in because they felt at this time you were not intending to immigrate and that wasn't your intention to begin with I assume.

Well it took me 2 hours to convince him that, and he only let me in after stipulating that I leave in Dec and pursue a fiance visa. On the other hand, my passport is stamped until January, and I doubt what he said is set in stone anywhere. It gives me hope to hear people say I can AOS. Thanks.

[Ryan H 3,790]

Duplicate thread on this topic removed; do not start more than one thread on the same issue.

[Soul Froosh 31]

It's not really a duplicate.

This thread was enquiring about my options.

The other thread was enquiring further after deciding I wish to pursue AOS from a visa waiver (in the relevant forum)

I wanted to hear specifically from people who have successfully adjusted in the correct forum.

[Boiler 43,402]

Most people in your situation stay and adjust.

[RhettVoe 281]

It still amazes me how many people never had the intention to marry and stay, yet do. For those wondering why their foreign Gf or BF might have trouble getting a tourist visa (even to visit a 'friend'), just read the first post (and many others like it).

[Soul Froosh 31]

It still amazes me how many people never had the intention to marry and stay, yet do. For those wondering why their foreign Gf or BF might have trouble getting a tourist visa (even to visit a 'friend'), just read the first post (and many others like it).

The system is ridiculous. I was perfectly happy and capable to come & go, without working illegally here, and maintain a relationship with my fiance here until a CBP stopped me and told me otherwise, insinuating I must be working illegally here and treating me like a criminal etc. The annoying part is I brought thousands of UK earned currency into the US economy, I never worked illegally, and my only intention remains to make my USC loved one happy and take care of her.

The truth is I have to stay now, otherwise I'm locked out for a long time. It was never my intention to stay, marry, and then go through all the meticulous AOS procedures. The system needs to acknowledge the needs of genuine couples in commited relationships a lot more.

Edited November 18, 2013 by Nick Loves Rosie

[Jawaree 717]

Dude go down to City Hall & get married, after that she file your I 130

up to u if u stay or AOS there, U wont be able to work until U get a permit

[B & G 200]

Just to clarify, it is not illegal to get married in the US. What is illegal by US laws is to enter the US on VW with the intention to stay.

There are 3 options available to you at the moment:

1. Get married and adjust status in the US. Keeping in mind though you spend 2 hours convincing the CBP officer that you will be leaving. This could be a problem further down the line because you they did take you into a secondary interview just so you can prove that you will leave by December. And you didn't. Worse case scenario, they deny you, you are deported and have to file for a CR1 visa from the UK.

2. Don't get married. Leave by December and return to the UK, and your girlfriend files for a K1 fiance visa. As Avery Cates mentioned earlier, right now K1 petitions are being processed relatively quickly. However with a K1 visa you will have to get married in the US within 90 days of your entry and then file for adjustment of status and also an EAD. Until you get your EAD you will be unable to work in the US. Normal processing time for an EAD is usually 3 months.

The other thing about the K1, it costs approx 1000 dollars more than a CR1 visa.

3. Get married in the US, leave by December for the UK and then file for a CR1 spousal visa. This means you get your green card the moment you enter in the US and you are able to work as soon as you like.

Right now the processing times for a CR1 are atrocious, however USCIS has already started to shift the workload around which means that petitions will start moving along faster. Because of this future K1 petitions may suffer with longer processing times then they are currently showing.

IMHO i wouldn't adjust status in the US now. I have had plenty of oppurtinities to stay and adjust status within the US but I did not want to risk wasting 6 months and longer with the chance of a denial at the other end then being sent back to my Greece and have to do the whole process all over again.

Just choose what is right and feel right to you.