Marrying USC, resident of UK

[givingyouwings111 0]

Hello everyone! I am new here, so please don't throw eggs at me if I am posting in the wrong section ans please move this topic if need be.

Here's my story... I am a holder of a European passport with current residence in the UK. I am shortly marrying a US citizen during my stay here on VWP. It was not planned in any way what so ever and a pleasant surprise! I would like to move here to live with my husband and after doing some research on here I have concluded that CR-1 would probably be the option we would go for regardless of the fact that I have go back to the UK and wait for several months.

Is this really the best option? I was thinking that if I file for AOS immediately after getting married then they will think that I've committed visa fraud by coming here with intentions different to the ones stated (tourism, pleasure) upon arrival and therefore refuse. I also do not want to overstay my VWP according to which I have to leave here by March 2nf 2013. My main question is let's say I do the CR-1 route. I will be living in the UK and my husband will be here in the US. Will I still be able to visit him under VWP whilst the CR-1 is being processed?

Thanks in advance for your help!

[leishi 11]

As long as you can prove that you did not intend to get married while entering via the VWP, AOS should be fine.

[givingyouwings111 0]

As long as you can prove that you did not intend to get married while entering via the VWP, AOS should be fine.

Thanks for that, but I'm not sure how exactly I can prove to them that I had no intention of getting married. It was sprung upon me when I got here. I can say that didn't know about this and they will say I did.

Also, how long would the AOS take, as I have to leave before March 2nd on my VWP??

Edited December 12, 2012 by givingyouwings111

[N-o-l-a 7,169]

Thanks for that, but I'm not sure how exactly I can prove to them that I had no intention of getting married. It was sprung upon me when I got here. I can say that didn't know about this and they will say I did.

Also, how long would the AOS take, as I have to leave before March 2nd on my VWP??

If you AOS, you are going to be stuck here for quite a while before going back as you can not leave without permission. Perhaps some of the recent AOS filers can shed some light on how long before they could travel or work.

If you do the CR1, you can go back and finish up your affairs first.

Your choice really.

[givingyouwings111 0]

If you AOS, you are going to be stuck here for quite a while before going back as you can not leave without permission. Perhaps some of the recent AOS filers can shed some light on how long before they could travel or work.

This is good to hear, but would it count as a VWP overstay if I was sitting here and waiting for the AOS after my original departure date? I'm ok with waiting, I just don't want to be deported afterwards and banned from coming here again. And I'm also wondering that if the AOS is refused and I have to go back to the UK then can I still come here on VWP whilst waiting for the CR-1?

[scotinmass 588]

You say that you had no intention of getting married and it was sprung on you. Am I right in thinking that your fiance(e) planned this and he/she knew you were going to get married while on the VWP? If so I would still think the USCIS would consider this fraud if you were to stay and adjust status.

The CR1 is safer. It sucks being apart after you marry but if you do everything right you won't have any nasty surprises and you will be free to travel and work from the day you enter on a CR1. With AOS it could take a couple of years and you'd be stuck in the US.

[givingyouwings111 0]

You say that you had no intention of getting married and it was sprung on you. Am I right in thinking that your fiance(e) planned this and he/she knew you were going to get married while on the VWP? If so I would still think the USCIS would consider this fraud if you were to stay and adjust status.

The CR1 is safer. It sucks being apart after you marry but if you do everything right you won't have any nasty surprises and you will be free to travel and work from the day you enter on a CR1. With AOS it could take a couple of years and you'd be stuck in the US.

I had exactly the same thoughts as you have in your first paragraph. This is why I'm thinking of doing CR-1. My other question still stands. Can I come here on VWP during the CR-1 process? Or will passport control be suspicious of me and not be willing to let me in without a fight?

[N-o-l-a 7,169]

I had exactly the same thoughts as you have in your first paragraph. This is why I'm thinking of doing CR-1. My other question still stands. Can I come here on VWP during the CR-1 process? Or will passport control be suspicious of me and not be willing to let me in without a fight?

You can visit on VWP while your I-130 and CR1 are pending. You'll want proof of filing and strong ties to home (lease, job, etc.).

[scotinmass 588]

I had exactly the same thoughts as you have in your first paragraph. This is why I'm thinking of doing CR-1. My other question still stands. Can I come here on VWP during the CR-1 process? Or will passport control be suspicious of me and not be willing to let me in without a fight?

I visited 5 or 6 times while waiting for CR1 on the VWP without issue. I never stayed for more than a week at a time though.