Help me, I am marrying an eu citizen

[mrogevich 0]

Hi everyone, i am new to this site so thank you in advance for any positive feedback.

I am a US citizen, and I have been living with my fiance (resident of Slovakia) in London for the past 2.5 years. I have since returned to the US (last week). We were planning on marrying anyway, but the move back to the US happened faster then we expected and we need to make actions happen quickly.

I have a few questions:

If we were to get married in the US (state of virginia), how long would would it take for her to aquire a greencard? I have read that it can take anywhere from 2 months to 8 months. If she were to enter the country as a tourist (not on a fiance visa as the US does not require and entry visa for Slovakia citizens) and we were to get married, will that affect her status in the future?

The second question is regarding our original idea.....getting married outside of the US. She is planning on coming to the US in a week, and if we both were to leave the US, get married abroad, will she be able to re-enter the country considering she technically will not be entering as a tourist?

We have been together for six years, so this is kind of frustrating, so any help will be greatly appreciated.

[payxibka 10,048]

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

Edited May 11, 2009 by payxibka

[mrogevich 0]

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

[payxibka 10,048]

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

marriage is not the problem... it is the INTENT to immigrate using a NON IMMIGRANT visit...

[mrogevich 0]

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

marriage is not the problem... it is the INTENT to immigrate using a NON IMMIGRANT visit...

I forgot to say in the last message, thank you. I presume there is a gray area with the word 'intent.'

[Jon&Lindsey 0]

Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).

[payxibka 10,048]

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

marriage is not the problem... it is the INTENT to immigrate using a NON IMMIGRANT visit...

I forgot to say in the last message, thank you. I presume there is a gray area with the word 'intent.'

yes, but intent is presumed therefore it is up to the adjusting alien to disprove intent if the question is asked...

[mrogevich 0]

Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).

This is very good info. thank you. If she comes as a tourist, and we both leave the US together and get married, what happens then? Will she be allowed to re-enter the US as a tourist? how does this process work if we were to explore this route?

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

marriage is not the problem... it is the INTENT to immigrate using a NON IMMIGRANT visit...

I forgot to say in the last message, thank you. I presume there is a gray area with the word 'intent.'

yes, but intent is presumed therefore it is up to the adjusting alien to disprove intent if the question is asked...

Too risky to take a gamble. not worth screwing things up when we could do this as planned outside of the US. Thanks again.

[Aubrey 10]

Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).

One should point out that there is no set time limit on how long it takes to get a K-1 visa . 6-8 months may be the current average around here, but there are couples waiting longer than a year or more. Don't make any definite plans based on any of the timeline averages here.

The waiting stinks for everyone, and I'm sorry you didn't know to get married and do a direct consular filing before you left the U.K. Welcome to the U.S. again, the land of slow immigration and bureaucracy.

[mrogevich 0]

Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).

One should point out that there is no set time limit on how long it takes to get a K-1 visa . 6-8 months may be the current average around here, but there are couples waiting longer than a year or more. Don't make any definite plans based on any of the timeline averages here.

The waiting stinks for everyone, and I'm sorry you didn't know to get married and do a direct consular filing before you left the U.K. Welcome to the U.S. again, the land of slow immigration and bureaucracy.

I still hold a residency visa for the UK. could this work?

[elmcitymaven 9,712]

No. Unless your country of residence is the UK, you cannot file for DCF through London. By moving back to the US, you have abandoned your residency. Leave to Remain without concurrent residence is not sufficient, unfortunately.

[quike 0]

Payxibka is right, she cannot enter the US as a tourist on the VWP (whether married or not) with the intent to stay and adjust status. Slovakia residents do not require a visa for visits (as they use the VWP) but they still need visas for permanent immigration. It is visa fraud to enter on the VWP with intention of staying and adjusting status, not just visiting and leaving before the 90 days stay expires.

Your choices are either to file for a fiance visa (K1) now, which takes about 6-8 months and allows her to enter, marry you in the US within 90 days and then file to adjust status and obtain a green card, or else marry in the US when she visits next, she leaves before her authorized stay expires and you file for a K3 or CR1 spousal visa, which I understand takes a little longer to process, but gives her a green card immediately on entry to the US. Check out the guides for more info on both processes. With the spousal visa, you may be apart a while longer, but she will immediately be able to work when she arrives, vs the K1 may be shorter, but she will have several months of being unable to work and you have the additional AOS process. She should be able to visit you during either visa process, just have her bring proof that she does intend to return to Europe after her visit (eg letter from employer, mortgage/rental agreement etc).

This is very good info. thank you. If she comes as a tourist, and we both leave the US together and get married, what happens then? Will she be allowed to re-enter the US as a tourist? how does this process work if we were to explore this route?

if she enters on a tourist visit with the intent to immigrate then that is a direct circumvention of immigration law, and can have huge consequences if uncovered, including but not limited to deportation and a lifetime re-entry ban

What are the implications if we marry outside of the US?

If we have a wedding planned outside of the US, and decide not to wait and marry in the US, will this decision still carry the same implications?

marriage is not the problem... it is the INTENT to immigrate using a NON IMMIGRANT visit...

I forgot to say in the last message, thank you. I presume there is a gray area with the word 'intent.'

yes, but intent is presumed therefore it is up to the adjusting alien to disprove intent if the question is asked...

Too risky to take a gamble. not worth screwing things up when we could do this as planned outside of the US. Thanks again.

Hi All!

I have a very similar situation, but with a significant difference. Upon my entry in the US (I'm the Swiss alien in this case, my partner is Swiss AND US Citizen), we discovered that she's pregnant, and decided to get married. Naturally, she doesn't want to endure (or enjoy) her pregnancy alone. Everything went very quickly, we discovered that she was pregnant a couple of days after my arrival (on a Tourist visa on the VWP) and were married a few days after that.

My INTENT when coming was not to stay, but now, with the current situation, that intent has changed. Is it too big a gamble to apply for an adjustment of status under these conditions? Would the proof of her being pregnant be enough?

I could still go back before my tourist Visa expires, then file for a K3 or CR1, etc, but that could mean months of separation, which of course she doesn't want to endure now.

What do you recommend?

Thanks in advance for any help!

[quike 0]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

[blue123 0]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

You could marry now and file for the CR-1 and return to Europe before your 90 days is up. They have been processing much faster so maybe you wouldn't be apart for very long.

If you apply for adjustment of status you could suceed but can also risk being denied with no appeal allowed and be banned from entering US.

[blue123 0]

Also, I forgot to mention that I HAVE to go back to Europe once or twice during the following months, so if we did apply for an adjustment of status, would I still be able to go back to Europe? How soon? What would happen if my process was interrupted? Would that mean having to restart from scratch, or being permantly banned or else?

Thanks again folks!

If you left before you received advance parole (permission to travel) you would have to start the process again through CR-1 and/or K3