Feel like I could cry...please help

[kitkat1 5]

I've heard of a lot of people getting married to citizens when they've been here ILLEGALLY and they didn't seem to have much problems getting their green cards.

You don't have to prove that you are in the country legally to marry in the US. But as a&o pointed out, there is no way for a person who is in the country illegally to adjust their status in-country and get a green card. Being married to a USC does not = no hassle green card. In fact, it means just the opposite.

[Saddle Bronc 124]

Would my old trite standby of "meet in Canada" be feasible?

[spiritee 0]

I am in a similar situation. I am in the UK and expecting in January. We filed the K1 through VSC in June using the new form and still received an RFE which has a receipt date of 21st July. Despite our Lawyer advising me to come the AOS, we decided to go the K1 route, now we wish we had not as I will be unable to fly past 34 weeks which means I may have the baby here if I am not approved soon. All we can do is wait and be patient and I suggest you do the same. Good Luck.

This is a great site and I've been playing around reading things forever but now I have a question...I am an American and my fiancee is British. We are expecting a baby in March and want to live permanently in the USA. He's currently in the UK and we're thinking that the K-1 visa is the best way to bring him over. The problem is that it can take a long time and we want him to be here for the birth and preferably a little before and after. My question is this: if we apply now can he travel over here in and around March to be with me? I know he'll have to go back for the interview and to process the rest of the visa stuff, but is it possible for him to still come visit? an alternative for us was the illegal thing of him just coming over as a tourist and us getting married but then I was afraid when we tried to apply for the spousal visa they would deport him. I am going back to the UK in September until December and although we've only been apart for a few weeks (I had to see my US obgyn) we're both already hating that he is missing out on some of the pregnancy. There's no way I would want him to miss the birth. Anyone got any ideas?

[Kajikit 65]

If you apply for a K1 visa right now and you have a simple case you're most likely to have it in your hands by the end of February... that's six months away.

[SirLancelot 1]

Even though they have a child together and did everything above board as far as applying for his paperwork to stay, he was sent a deportation notice. They consulted a lawyer and the lawyer couldn't help. They went to Mexico together and are living there while they apply for a spouse visa for him to come back to the U.S. with her.

Doesn't the law now state that if you entered illegally, that you will have to wait at least 10 years before you can apply for a green card after deportation?

[kitkat1 5]

Even though they have a child together and did everything above board as far as applying for his paperwork to stay, he was sent a deportation notice. They consulted a lawyer and the lawyer couldn't help. They went to Mexico together and are living there while they apply for a spouse visa for him to come back to the U.S. with her.

Doesn't the law now state that if you entered illegally, that you will have to wait at least 10 years before you can apply for a green card after deportation?

Less than one year of illegal presence = 3 year ban

More than one year of illegal presence = 10 year ban

A 601 waiver can be submitted to overcome the ineligibility for fiances and spouses of USC citizens who can prove "extreme hardship" to the USC in the event that the visa is denied and the USC is forced to relocate to the fiance/spouses country. (The visa is always denied). Some consulates do approve 601 waivers fairly often (UK, Mexico) while others almost always deny them (PI) - the "guidelines" for extreme hardship vary enormously by country. That process happens in the alien's country after the interview and visa denial. There is no way to remain in the US and adjust legally which is why the people a&o referred to left the US. Otherwise, the mother and child would have to stay alone in the US during the processing. In Mexico it takes more than a year to get a visa interview appointment and 6-12 months for waiver processing.

[beccaogingi 0]

Like has been said in another post, he can't come to the country on VWP, get married, stay in the country, and apply to adjust status. He'd have to go back to the UK and you'd file for a K-3.

When we started our process, we originally wanted to get married in Iceland, since all his friends and family are there. But then we'd have to go the K-3 route and at least when I checked let's see, 6 months ago or so when we were looking into things, it would have been much longer for him to have visa in hand. We didn't want to have to wait to live together just so we could have a party with all his friends and relatives, so we decided to go for the K-1. Because of your being pregnant, I'd look into processing times but chances are the K-1 is the faster approval still and you should probably go with that. You don't want him to have to go back to the UK to wait for the visa approval while the baby is just born, that would be awful.

[YuAndDan 153]

Please fill in the information on your profile, like what service center you will be using and where you are it helps when posting replies.

[Milva 0]

This is a great site and I've been playing around reading things forever but now I have a question...I am an American and my fiancee is British. We are expecting a baby in March and want to live permanently in the USA. He's currently in the UK and we're thinking that the K-1 visa is the best way to bring him over. The problem is that it can take a long time and we want him to be here for the birth and preferably a little before and after. My question is this: if we apply now can he travel over here in and around March to be with me? I know he'll have to go back for the interview and to process the rest of the visa stuff, but is it possible for him to still come visit? an alternative for us was the illegal thing of him just coming over as a tourist and us getting married but then I was afraid when we tried to apply for the spousal visa they would deport him. I am going back to the UK in September until December and although we've only been apart for a few weeks (I had to see my US obgyn) we're both already hating that he is missing out on some of the pregnancy. There's no way I would want him to miss the birth. Anyone got any ideas?

I have been where you are.... I was pregnant in the US and my now husband did not even have a valid passport in Argentina.... and if you did not know Argentina is one of the worst countries for paper work....I should know I was born and lived there many years.... ANYWAY.....We managed to have his passport issued, K-1 approved within 5 months....HE MADE IT to the birth of our son by 3 weeks.... I think your best bet is to apply for a K-1 and then get married here... I have a friend who married her husband here without applying for a K-1 (his country is on the Waiver Program Listing and when they were interviewed they had a hard time convincing the officer that he did not come to the US for that purpose... She ended up paying a 300.00 fee and her process took longer than mine did eventhough I applied 3 months later.... KEEP UP THE FAITH....do it right the first time...

[Arnold_and_Joan 0]

When I was researching my K-1 or K-3 options, I have been advised by someone who used to be an immigration lawyer that the best way to get your fiance in is to have them come over on tourist visa and get married here. First of all that is NOT illegal. They are here legally on a tourist visa. I don't see how that could get illegal if they suddenly got married. I thought your visa only said "Not allowed to work" it never said "Not allowed to fall in love and get married."

You're right - that is NOT illegal.

What is illegal is coming here on a tourist visa WITH THE INTENT to marry, then staying and adjusting status.

The burden of proof is on the couple to prove that was not the intent when entering the US. If you cannot prove it, you've then bought yourself a ban. Not worth it in my opinion, esp. when the fiance visa is a relatively quick process (esp. from VWP - visa waiver program - countries).

Since the OP is preganant, I'd say there is a high likelihood of marital intent, which would be a fradulent use of the VWP -- and therefore not an option for them.

Exactly. If you *suddenly* got married, that wouldn't be fraud because then the intent to immigrate wouldn't exist prior to having entered the U.S. on a tourist visa. TracyTN's 100% correct on her assessment.

Wow thanks to everyone for clarifying this for me too. I'm sure glad I took the K-1 route instead taking that lawyer's advice. So, disregard what I put in this forum before and take the K-1 or K-3 route. Good Luck to all!!

[krumlovgirl 0]

Starting on the K-1 process this week. That seems to be the best route. Hopefully he can be here permently by May, with a trip over in March for the birth. Thanks for everyone's help! (I have also updated my profile...)

[Mew 0]

Starting on the K-1 process this week. That seems to be the best route. Hopefully he can be here permently by May, with a trip over in March for the birth. Thanks for everyone's help! (I have also updated my profile...)

Best of luck! Post any questions you have about it, okay: We're here to help.