Married on a Visa Waiver

[PaulTheActor 0]

Hi guys,

I've just got married to somebody I got to know on the internet 4 years ago. I finally went to visit and stayed with her, her brothers and her parents in their home for a month in March 2008 in California. We'd immediately connected on an emotional level, which made my departure really painful for both of us but at the time we were still considering ourselves only "friends". Ever since I'd been back home we talked every single day on Skype and been missing each other like crazy. So 6 months later I decided to go visit again for 3 months this time and try to see as much of the US as possible. We flew to San Francisco, rented a car and went on a joyride to Chicago among other stuff. Basically, what happened is that a couple of days after my arrival we declared our love for each other and two weeks ago we decided to get married. Her whole family has been so supportive of it and they love having me in their home. They literally have become my family now. It’s all such a crazy romance. I still feel like I’m in a movie. It’s wonderful.

I’ve been here for 74 days now and we just got married on Friday. I’m here on the 90 day Visa Waiver but don’t know how to proceed now about my immigrating. I think I need to apply for adjustment of status, is that correct? I am really scared about what to do because this was completely unplanned and our circumstances are really insane given we got to know each other on the internet, then I lived with her for a month without actually having previously met her and 6 months later I came back to stay for 3 months (90 days); I am really overwhelmed. Oh, and she is a US citizen. I’ve been reading on here and it seems some people suggest to leave the country and then apply for a K-Visa but I really don’t want to leave my wife and her family. I also read that I should submit my adjustment of status before my Visa Waiver expires!? And, how can I prove that I didn’t intend to stay in the US? Will my return ticket suffice? I also have a bank account back home.

I don’t know what to do.

Thank you so much for your help.

[YuAndDan 153]

Firstly you Clearly show immigrant intent when you entered the country, USCIS can deport, and BAN for life if they suspect misuse of VWP for IMMIGRATE.

The safest route is to file an I-130 for a spousal visa and return home to interview for a proper immigrant visa and to NOT overstay the 90 days allowed by VWP.

[Boiler 43,397]

The VWP requires a return ticket.

And keep the UK bank account. You never know.

Adjustment of Status is all in the Guides. VWP requires you to waive any rights so you are sol if anything goes wrong so always a good idea to have a one off consultation with an immigration lawyer.

[pushbrk 12,093]

Firstly you Clearly show immigrant intent when you entered the country, USCIS can deport, and BAN for life if they suspect misuse of VWP for IMMIGRATE.

The safest route is to file an I-130 for a spousal visa and return home to interview for a proper immigrant visa and to NOT overstay the 90 days allowed by VWP.

The way I read his story, the intent to marry and thus immigrate based on that marriage occured after the most recent US entry. If he can manage to stay in the USA until AOS is complete, the story sounds like one that would end in success. If cannot stay, then yes, leave before overstaying and file the I-130.

[Boiler 43,397]

Firstly you Clearly show immigrant intent when you entered the country,

Where did that come from?

[Goldfee111 3]

hey paul

so please dont be worried...no one can deport u lol

the first thing u should do is now file immidiatly the AOS....normaly its not legal to entry the us on visa waiver and get married..BUT ther is one exeption..when u do it spontaneous..and that what u did what spontan because u came not in the US with the intention to get married....

so u are absolutly fine...file aos asap and make the medical that the aos package arrived bevore the 90 days are over....that means that u call TODAY a civil surgeon ( list is on the webside from uscis ) and make ur medical.file out the forms and send it in the first week of january..from the moment it arrives u are pending and legal....but then u cant leave the us until u have the advance parole...

and again...when u go then to the interview u have not to proof that ur marriage was spontan...u have to proof the bona fide of ur marriage....

if u have questions feel free to mail me

Edited December 22, 2008 by Goldfee111

[Otto 83]

hey paul

so please dont be worried...no one can deport u lol

the first thing u should do is now file immidiatly the AOS....normaly its not legal to entry the us on visa waiver and get married..BUT ther is one exeption..when u do it spontaneous..and that what u did what spontan because u came not in the US with the intention to get married....

so u are absolutly fine...Just some words of caution to the OP and others who may be reading this. There is no guarantee that the OP (or anyone else) will be absolutely fine if they take this path. Spontaneously or planned - let it be known that there can be a significant 'down side' to this. file aos asap and make the medical that the aos package arrived bevore the 90 days are over....that means that u call TODAY a civil surgeon ( list is on the webside from uscis ) and make ur medical.file out the forms and send it in the first week of january..from the moment it arrives u are pending and legal....but then u cant leave the us until u have the advance parole...

and again...when u go then to the interview u have not to proof that ur marriage was spontan...u have to proof the bona fide of ur marriage....

if u have questions feel free to mail me

Please proceed with caution.

[Goldfee111 3]

karin but there is no reason to wrote him that they deport him and make him fear....

thats why i wrote this...and he did nothing illegal because it was spontan

[KimandRuss 0]

Right Karin.

It appears to us by what we were told that there was no intent but i'm quite sure we don't know or see all the interviewing officer will.

Just to be clear, once again, you can get married on a visitor's visa, it is the intent to immigrate that is the problem.

Nobody can say for certainty. It's not up to us to decide.

[Goldfee111 3]

again..the interviewing officer will not ask if it was spontan...he will ask for proofs that the marriage is real....

[KimandRuss 0]

How do you know what the officer will ask?

Entering with the intent to immigrate is visa fraud punishable by a ban. I'm quite sure they will be curious if there was intent when this person last entered the US and it will be up to this couple to prove there was not.

If love was enough and conquered all ...then none of us would be here...waiting in agony and going broke!

[Eric-Pris 1,602]

It does NOT matter what his true intentions were. What matters is how this will be perceived by USCIS. They're the ones who make the decision.

The safest way to go is to file an I-130 for a spousal visa and go back home. If you stay and file AOS, and it's later determined by the IO (whether correct or not) that you intended to get married and stay here, you will face some serious consequences.

While leaving your wife for 6 months is tough, never being able to come back to the US is tougher though. It's your call.

[Goldfee111 3]

i know it because i know people who did the same...and u wrote it right..entry with the INTENT..but he had not the INTENT..thats the point..so he did nothing wrong...is my english so bad or where is the point wich is not clear?!?!?

[Lovesponge 0]

Firstly you Clearly show immigrant intent when you entered the country, USCIS can deport, and BAN for life if they suspect misuse of VWP for IMMIGRATE.

The safest route is to file an I-130 for a spousal visa and return home to interview for a proper immigrant visa and to NOT overstay the 90 days allowed by VWP.

Have you ever considered a job working for USCIS? You would fit right in.

[alexpapa 4]

i know it because i know people who did the same...and u wrote it right..entry with the INTENT..but he had not the INTENT..thats the point..so he did nothing wrong...is my english so bad or where is the point wich is not clear?!?!?

just because you know people who have successfully done this does not mean by any means that you know what their specific IO is going to ask, or in fact how often these cases are denied.

good advice on being cautious on this one.