VISITING BOYFRIEND ON ESTA

[Megmar0616 11]

I am just looking for some advice, my boyfriend and I have been together for a year now. I am currently in America visiting him on my ESTA, I originally booked a 2 week trip but decided to extend my stay. We want to use this time to look into visas etc but don't know the best one to go for. We know we will be getting married one day so we were unsure whether the K1 fiancé visa would be the best option or if marriage and then straight onto the spousal visa would be best.obviously we don't want to be apart but legally I am only allowed 90days here and have my return ticket back home booked but is there any visa process we could start now? Is there any possible way of getting married and staying here or would I have to go back to the uk and apply there for either k1 or spousal(assuming we get married before my return date)

 

Thank you 

[Transborderwife 4,666]

Yes.  You can marry, stay and AOS

[Jojo92122 1,924]

You can stay, get marry, and apply for a green card.  Follow the Guides on VJ.

 

When you start the AOS process, be sure to apply for AP.  If you leave the US without AP while your AOS is pending, you will be deemed to have abandon the process and will not be allowed back into the US.  Make sure you get AP.

[Ben&Zian 4,397]

As above, if you are in the US you could marry and file for AOS.

 

If you prefer to return to the UK, you can begin preparing the K-1 visa paperwork now.

 

Or if spousal visa is what you want, you could marry and then return to the UK while it processes.

 

Choice is entirely yours and all three options are available.

[Jordan8768 107]

6 minutes ago, Megmarcus said:

I am just looking for some advice, my boyfriend and I have been together for a year now. I am currently in America visiting him on my ESTA, I originally booked a 2 week trip but decided to extend my stay. We want to use this time to look into visas etc but don't know the best one to go for. We know we will be getting married one day so we were unsure whether the K1 fiancé visa would be the best option or if marriage and then straight onto the spousal visa would be best.obviously we don't want to be apart but legally I am only allowed 90days here and have my return ticket back home booked but is there any visa process we could start now? Is there any possible way of getting married and staying here or would I have to go back to the uk and apply there for either k1 or spousal(assuming we get married before my return date)

 

Thank you 

If you get married and file for adjustment of status and the petition for alien relative you can get the process going now. Please note; if you had intention of getting married before you entered and lied to the border officer you could be at risk of committing visa fraud and therefore you would be denied. However, if you entered without intent to marry then you will be fine. 

 

Also you will need to file the necessary paperwork before your 90 days are over 

Edited June 1, 2017 by Jordan8768

[Transborderwife 4,666]

Just now, Jordan8768 said:

1 minute ago, Jordan8768 said:

If you get married and file for adjustment of status and the petition for alien relative you can get the process going now. Please note; if you had intention of getting married before you entered and lied to the border officer you could be at risk of committing visa fraud and therefore you would be denied. However, if you entered without intent to marry then you will be fine. 

 

No they cannot.  Intent is no longer an issue

[Jordan8768 107]

3 minutes ago, Transborderwife said:

No they cannot.  Intent is no longer an issue

Oh really? Since when? Just out of interest 

[Transborderwife 4,666]

Just now, Jordan8768 said:

Oh really? Since when? Just out of interest 

Since the 1980 case of Matter of Cavazos

[Jordan8768 107]

Just now, Transborderwife said:

Since the 1980 case of Matter of Cavazos

So quite a while then😂

[Megmar0616 11]

12 minutes ago, Jojo92122 said:

You can stay, get marry, and apply for a green card.  Follow the Guides on VJ.

 

When you start the AOS process, be sure to apply for AP.  If you leave the US without AP while your AOS is pending, you will be deemed to have abandon the process and will not be allowed back into the US.  Make sure you get AP.

Sorry I'm new to this could you explain what AP is? Thank you 

[Jordan8768 107]

1 minute ago, Megmarcus said:

Sorry I'm new to this could you explain what AP is? Thank you 

Advanced parole. Basically means you can leave and come back without effecting your visa process. I probably explained it badly but someone will give you all the info no doubt!

[Megmar0616 11]

Thanks everyone. I am very new to this and this is the first time I've looked into any visa websites. Where do you apply for these? Like what would the process be? Get married and then how do you adjust your status? Sorry- I'm clueless lol

[Transborderwife 4,666]

1 minute ago, Megmarcus said:

Thanks everyone. I am very new to this and this is the first time I've looked into any visa websites. Where do you apply for these? Like what would the process be? Get married and then how do you adjust your status? Sorry- I'm clueless lol

http://www.visajourney.com/content/i130guide2

 

expect for it to be a $1800-2200 process 

[Megmar0616 11]

Thanks. It does say on there about intent to marry before coming to the country. How do you prove that you weren't intending on getting married? I mean I was coming for a 2 week visit and just decided to stay on for longer but is my old return date enough?

[Jojo92122 1,924]

33 minutes ago, Jordan8768 said:

If you get married and file for adjustment of status and the petition for alien relative you can get the process going now. Please note; if you had intention of getting married before you entered and lied to the border officer you could be at risk of committing visa fraud and therefore you would be denied. However, if you entered without intent to marry then you will be fine. 

 

Also you will need to file the necessary paperwork before your 90 days are over 

Immigrant intent is irrelevant once she was admitted into the US.  

 

Even if she had the intent to immigrate, the law does not allow USCIS to deny the AOS based on this alone.