Need a bit of advice please!

[Kat And Russ 0]

Ok I am in The US at the moment on a waiver Visa... my 90 days are up on dec21st.... is there a way I can extend it?

Also I read somewhere that if I married my finacee ( we are waiting on my NOA2 for my K1 visa) i could stay in the US waiting for my green card... si this true?!

Thankyouuuu!

[Cali2009 0]

Hey you!

I do not think that there is a way to extend your visa waiver-other then, leaving the country and coming back under another visa waiver...

I wouldn't recommend getting married while in the K1 process- I had to wait 4 months for my K1 petition to be approved and I was even too scared to come visit my fiance at that time in the US under a visa waiver-the risk of getting denied is way to high!

My opinion is, go back home and wait until you are approved, come back to the US with your K1 visa, get married, file for AOS as soon as you can( don't wait as long as I did!) and you will be fine.

The wait is awful- at the same time , however, it's the right way to do!

Carola

[Kat And Russ 0]

I know your right... its just so hard... my life is upside down right now and im fed up!!

Thanks for your advise! x

[Cali2009 0]

I know how you feel....its sooooooooooooooo awful...to wait...to finally being able to spend all the time you want with the love of your life.

I also would recommend calling the NVC to see if your petition has been approved(well, after you submit the RFE and you know they received it)...I didn't know for the longest time that my petition had been approved until I called the NVC...

Also, what helped in my case was...bugging the sh** out of the german embassy(in your case the embassy in the uk)..I kept calling them and asking if they could get my interview that date...so I could fly out for Christmas...

Get your RFE paperwork together and don't wait -again- as long as I did and you will be ok.

Question: why did they issue an RFE?

[Kat And Russ 0]

I know how you feel....its sooooooooooooooo awful...to wait...to finally being able to spend all the time you want with the love of your life.

I also would recommend calling the NVC to see if your petition has been approved(well, after you submit the RFE and you know they received it)...I didn't know for the longest time that my petition had been approved until I called the NVC...

Also, what helped in my case was...bugging the sh** out of the german embassy(in your case the embassy in the uk)..I kept calling them and asking if they could get my interview that date...so I could fly out for Christmas...

Get your RFE paperwork together and don't wait -again- as long as I did and you will be ok.

Question: why did they issue an RFE?

Thankyou SO very much for your help and support you dont know how much it helps!

x

[1HappyGuy 45]

You will be required to go to the U.S. embassy in your country for an interview along with providing them with additional documents, etc. Spend as much time with your fiancee as you can, but don't overstay your visa and make sure you are back in your country in time to get everything else done before the interview. You are both getting close to approval dates so don't push the system.

[Kat And Russ 0]

I totally missed your question abour the RFE... we havent recieved in the mail yet... so I know as much as you do hehe!!

[aussiewench 9]

Also I read somewhere that if I married my finacee ( we are waiting on my NOA2 for my K1 visa) i could stay in the US waiting for my green card... si this true?!

Thankyouuuu!

It perhaps maybe beneficial for you to seek qualified legal advice.

[Yodrak 7]

Kat and Russ,

I agree with Aussiewench - yours is a situation that would benefit from a consultation with an immigration attorney.

Yodrak

Also I read somewhere that if I married my finacee ( we are waiting on my NOA2 for my K1 visa) i could stay in the US waiting for my green card... si this true?!

Thankyouuuu!

It perhaps maybe beneficial for you to seek qualified legal advice.

[Kat And Russ 0]

I havent married Russ yet.... it was just a question of IF hehehe

Thanks everyone!!

[Catica 1]

Hiya,

My fiancee and I thought about it too, very long and very hard.. Its weird how the getting married part actually works but In very simple terms its like this.. If someone comes over on the VWP with the intent of getting married it is illegal and can lead to being deported and a 10year or more ban from the USA. If you can prove that your intent was not to get married when they came over then its okay in that grey area of the law. Now since its hard to prove intent either way its not really a safe route to take. I would strongly advise against it, and at the very least definately seek legal aide before doing it. In the end we are doing the K1 visa, cause when we sat down and thought about it, we hate to be apart and it kills us but being apart for a few months is way better than him being deported and possibly banned from the US if we couldnt prove intent.. ALso since you have already filed for a k1 and they are here with you (if i understand right) i think it would be very hard to prove you didnt have marriage plans when they got here.

What we did... On VWP you can visit for 90 days in 1 trip as you know. My fiancee came here on a 88 day trip and we filed our K1 while he was here which is allowed, they will ask you on the I-129f if the beneficiary is in the USA and when they plan on leaving. We are hoping to get approved in this 88 day time and being with VSC its very likely, then he will return to england to wait for interview minimizing our actual time apart to what we hope will only be 2-3 months or less. Its what I would recommend to anyone who can actually do it this way.

Also I dont think you can get an extension on the VWP, but as someone said you can leave country and come back for another trip. Heres the catch on it though.. 1. Very risky to do while K1 is pending and you can get denied at POE because of a pending k1, which will hurt your K1 process. 2 Is the length of your second trip, the VWP allowed 90 days per trip but the unspoken word is up to 180 days in a rolling year.. Usually anyone asking to spend more than 180 days in a rolling year in the US on the VWP gets denied alot at POE. Which once again will hurt your pending K1. WHich makes sence because the VWP is just for vacations, visits, etc. If you are spending more than 180 days in the USA than you are spending more time here then the home country so it would be technically considered living in the USA.

Sorry if I said anything confusing, and hope this helps

[aussiewench 9]

If you can prove that your intent was not to get married when they came over then its okay in that grey area of the law. Now since its hard to prove intent either way its not really a safe route to take. I would strongly advise against it, and at the very least definately seek legal aide before doing it. In the end we are doing the K1 visa, cause when we sat down and thought about it, we hate to be apart and it kills us but being apart for a few months is way better than him being deported and possibly banned from the US if we couldnt prove intent.. ALso since you have already filed for a k1 and they are here with you (if i understand right) i think it would be very hard to prove you didnt have marriage plans when they got here.

It is NOT illegal to have intent to marry even when one enters on the VWP. If one is granted entry and is otherwise elligible one can apply to adjust status. One should however seek legal advice with the circumstances of their case.

1. Very risky to do while K1 is pending and you can get denied at POE because of a pending k1, which will hurt your K1 process.

How will it hurt ones K1 process?

Edited November 14, 2006 by aussiewench

[Catica 1]

off of what I can remember:

It is illegal to come over on the VWP with the intent to marry, unless you plan on returning to your home country after the marriage.. On the VWP you are agreeing that you are NOT coming over with the purpose of immigrating, so if you enter on the VWP with the intent of getting married so you can stay in the USA it is Illegal.

Anytime you are denied entry into the USA it is recorded. If you are denied entry on the VWP you will never be allowed to use the VWP to enter the US again unless you file an appeal and it is approved. Getting your K1 approved does NOT guarentee entry into the US, You can still be turned away at POE if they feel like being asses, if you are denied entry you will be redflagged, once you are redflagged you will always be scrutinized closer at POE the next trip, Having a Visa doesnt mean POE still cant turn you away.. SO maybe not the actual process but theres just something else in the back of my mind I cant bring to light, that says being denied POE affects the actual visa applications too.

I am NOT a Lawyer, and not giving legal advice. Dont take my word for it, it is just suggestions and advise based on my experiences so far. I talked to a lawyer for that reason myself. I was getting too much conflicting information and too many "ifs""ands"and "buts". I suggest to everyone who has any doubts questions concerns to get at least a consulation many lawyers will give free ones.

just as an add on:

If you dont think its illegal find someone guillible to tell the consulate at their AOS interview that they came over on the VWP with the intent on getting married and did get married so they could stay in the USA with their loved one, or just tell them at the POE when you get here under the VWP that you are here with the intent to marry someone and stay till your AOS is approved and watch how fast your butt is put on a plane back home. This much I am 100% postive on.

[aussiewench 9]

off of what I can remember:

It is illegal to come over on the VWP with the intent to marry, unless you plan on returning to your home country after the marriage.. On the VWP you are agreeing that you are NOT coming over with the purpose of immigrating, so if you enter on the VWP with the intent of getting married so you can stay in the USA it is Illegal.

However I corrected the before post as for someone reading, it read intent to marry. The only issue is intent to immigrant. Intent to marry does not even figure into things as many enter the US to marry.

SO maybe not the actual process but theres just something else in the back of my mind I cant bring to light, that says being denied POE affects the actual visa applications too.

Being denied at the port of entry for having a petition in process or not having enough ties to ones country etc, does not effect one getting the K-1 visa either. Many on here who tried to visit their fiance and were denied entry can vouch that.

or just tell them at the POE when you get here under the VWP that you are here with the intent to marry someone and stay till your AOS is approved and watch how fast your butt is put on a plane back home. This much I am 100% postive on.

I agree

Edited November 14, 2006 by aussiewench

[featherB 1]

If you are denied entry on the VWP you will never be allowed to use the VWP to enter the US again unless you file an appeal and it is approved.

I could be wrong on this (I often am), but I don't think that bit's true - I was under the impression that if you're denied entry on the VWP (I mean, because you can't prove sufficient ties to home to convince the CBP officer that you don't have immigration intent at that time, rather than because you shouldn't be entering on the VWP in the first place) that you're quite welcome to come back the next day/week/whenever, hopefully with enough evidence to convince them this time. Like I said, though... I could be wrong, so if I am, sorry!

On the other hand, even if it is a case of 'it can't hurt (other than hurting your bank balance, of course) to try', there's no way I'm going to try entering the US until my K-1 is issued - I've had enough of a cross-examination at the POE on my last couple of visits, thank you very much - can't imagine how much worse it would be if they saw I had a visa application in the works!!