my boyfriend came on the VWP

[2kissintherain 0]

ok so i met my boyfriend a while ago on the internet,and he surprised me on christmas of last yr he got a titcket to come visit me,from feb5 to may 2,and he came on the visa waiver program, well after being here for two months,he said to me he loves it here but he loves me more and cant see himself leaving me or my son behind,so he asked me to marry him! i said yes of course but what i want to know is can we get married under the vwp? because i looked it up and i keep seeing yes and nos,and you can but then he has to leave and get a k-1, or yes you can file a I-130 or what ever that is,and no he cant he hasto go back before? what i want to know is if yes i can,and go from there,or no i cant and what to do if not? he did not come with the intent to marry,but realised after spending so much time to gether he doesnt want to leave me behind!! please help me!

[newacct 688]

Of course you can get married under VWP. Your question is whether he can stay and file for AOS in the U.S. while he came on VWP. From what I've read on these forums, it should be okay, as long as you can show the marriage is bona fide, and that there was no intent to stay when he entered, and he did not lie. However, showing those things might be difficult, and they are suspicious of people who come in on tourist visas or VWP and get married.

[Penguin_ie 6,000]

*** Moving from K1 finance visa to AOS rom Tourist visa forum ****

Yes, you can get married, no problem there,

As he did not plan on marrying you and staying when he came, he can adjust status and remain in the USA. If he does that, he won;t be able to work or travel for a few months, so it may not be the best options depending on his life back home and obligation to a job/ education/ family/ pets. If you guys want to do that, follow this guide: http://www.visajourney.com/content/i130guide2

The other option would be to get married now, and he goes back while you petition for him to get a CR-1 spousal visa. The process takes most of a year, but he can visit on the visa waiver during it, and once he gets the spousal visa, can work and travel immediately.

[ValerieA 350]

You should be fine to adjust status from within the US once you are married. Takes around 3-4 months. Once you are married, follow this guide. Might as well start preparing the documents you need as soon as possible - birth certificates etc. Good luck!

[VanessaTony 3,567]

Others have responded in terms of the process, but as someone who's read a lot of good, and bad, posts over the years I wanted to add a personal note...

I know nothing about your relationship. I don't know how long you've been together, I don't know what country he's from BUT I will caution you against marrying someone on the first visit. Not for his approval reasons, but to give you time to come down from your current high of this visit. To get your thoughts together.

Have you spoken about marriage before? Had you discussed him moving here before? What sort of relationship does he have with your child?

Have you looked at the process involved? Do you know about the financial responsibility you're signing? What did he leave at home that he can just stay in the US for months without having to go back and tie up lose ends?

This isn't a cheap process. The i-864 (financial form) is a scary one. He isn't allowed to work and won't be able to until he gets the EAD, which takes at least 2-3 months from the time of filing the paperwork (that doesn't include the time waiting to get married, get the marriage cert etc). Can you support him for that long?

Yes I'm a bit jaded. I've read too many stories about people being used to get GC's to read his surprise visit, surprise proposal, comments about loving living in the US and "after spending so much time together he doesn't want to leave me behind" as anything other than a red-flag for your relationship that you're being used. Again, i don't know you or him but I'm just asking you to think about it carefully. He isn't "leaving you behind" by returning to his country to process, he's doing the responsible thing to go back and earn money for his new family for when he finally immigrates, that's how I see it (some people think the opposite).

Please think about this before you proceed. By all means do what you want to do but make sure it's what you want forever, not "right now" when you're wearing the rose-coloured glasses from his visit.

Good luck to both of you with whatever you decide and congratulations on your engagement!

[rascalcat 28]

How would you prove that you never intended to get married?

[VanessaTony 3,567]

How would you prove that you never intended to get married?

There is no need to prove that. Intent is rarely questioned.

If the OP filed now, they would most likely have no problems with immigration. If they did though he would be denied without appeal and given 30 days to leave.

[2kissintherain 0]

Others have responded in terms of the process, but as someone who's read a lot of good, and bad, posts over the years I wanted to add a personal note...

I know nothing about your relationship. I don't know how long you've been together, I don't know what country he's from BUT I will caution you against marrying someone on the first visit. Not for his approval reasons, but to give you time to come down from your current high of this visit. To get your thoughts together.

Have you spoken about marriage before? Had you discussed him moving here before? What sort of relationship does he have with your child?

Have you looked at the process involved? Do you know about the financial responsibility you're signing? What did he leave at home that he can just stay in the US for months without having to go back and tie up lose ends?

This isn't a cheap process. The i-864 (financial form) is a scary one. He isn't allowed to work and won't be able to until he gets the EAD, which takes at least 2-3 months from the time of filing the paperwork (that doesn't include the time waiting to get married, get the marriage cert etc). Can you support him for that long?

Yes I'm a bit jaded. I've read too many stories about people being used to get GC's to read his surprise visit, surprise proposal, comments about loving living in the US and "after spending so much time together he doesn't want to leave me behind" as anything other than a red-flag for your relationship that you're being used. Again, i don't know you or him but I'm just asking you to think about it carefully. He isn't "leaving you behind" by returning to his country to process, he's doing the responsible thing to go back and earn money for his new family for when he finally immigrates, that's how I see it (some people think the opposite).

Please think about this before you proceed. By all means do what you want to do but make sure it's what you want forever, not "right now" when you're wearing the rose-coloured glasses from his visit.

Good luck to both of you with whatever you decide and congratulations on your engagement!

first off its noones busniess how or when or what we do in our relationship two,its no read flag this was as random as any,if he never met me he never would have came here no need to all his former life is set,doesnt really need to go back, all i was asking was what is the proccess im not on a high, im in love huge difference, also he is from belgium,so besides i just wanted advice not a hole speal on this thanks but you didnt help

[2kissintherain 0]

Of course you can get married under VWP. Your question is whether he can stay and file for AOS in the U.S. while he came on VWP. From what I've read on these forums, it should be okay, as long as you can show the marriage is bona fide, and that there was no intent to stay when he entered, and he did not lie. However, showing those things might be difficult, and they are suspicious of people who come in on tourist visas or VWP and get married.

ok well we didnt plan it it just happend hes been here for 2 months now,and we wanna know say we go down get married then get our marraige licence, then we go file for a aos,or I-130 for or what not and while doing that his vwp expires ? what will happen?

[newacct 688]

ok well we didnt plan it it just happend hes been here for 2 months now,and we wanna know say we go down get married then get our marraige licence, then we go file for a aos,or I-130 for or what not and while doing that his vwp expires ? what will happen?

As long as the AOS (I-485) is pending, he is authorized to stay here.

[2kissintherain 0]

As long as the AOS (I-485) is pending, he is authorized to stay here.

so in what order do we do the paperwork from getting married to??????

[ValerieA 350]

so in what order do we do the paperwork from getting married to??????

Follow the guide I posted above. You can also find it under "Guides" in the menu at the top of this page. You should file all forms concurrently, including the I-693 (medical).

[UK_Fan 192]

first off its noones busniess how or when or what we do in our relationship two,its no read flag this was as random as any,if he never met me he never would have came here no need to all his former life is set,doesnt really need to go back, all i was asking was what is the proccess im not on a high, im in love huge difference, also he is from belgium,so besides i just wanted advice not a hole speal on this thanks but you didnt help

I don't think Vanessa meant what she said in a condescending way. She was just trying to look out for you. You took her advise the wrong way. I, personally, totally agree with her. If it is so easy for your fiancé to up and leave his country in the middle of the working period, then he wouldn't think twice about coming back, so asking you to marry him on a whim is not that big of a deal.

If I was you, I'd get married and then have him go back home so he can sort everything out with his life back in Belgium. File for CR1 and take on this journey together.

Good luck!

Edited March 24, 2013 by UK_fan

[Cathi 5,849]

first off its noones busniess how or when or what we do in our relationship two,its no read flag this was as random as any,if he never met me he never would have came here no need to all his former life is set,doesnt really need to go back, all i was asking was what is the proccess im not on a high, im in love huge difference, also he is from belgium,so besides i just wanted advice not a hole speal on this thanks but you didnt help

Vanessa didn't say it was her business, she was trying to give you advice, very good advice at that. There is no need to attack someone who brought up some very valid points. When you ask a question in a public forum such as this, you will get replies of all sorts, she is looking out for your best interests. Everyone knows you are going to do what you want, but there is no reason to to be so harsh to someone who was merely trying to help. You are taking a big chance marrying someone on a first visit and trying to adjust status. Just keep in mind that if he is denied when trying to adjust status, there is no appeal. Good luck.

[del-2-5-2014 1,340]

first off its noones busniess how or when or what we do in our relationship two,its no read flag this was as random as any,if he never met me he never would have came here no need to all his former life is set,doesnt really need to go back, all i was asking was what is the proccess im not on a high, im in love huge difference, also he is from belgium,so besides i just wanted advice not a hole speal on this thanks but you didnt help

You ought to be more appreciative.

I don't think Vanessa meant what she said in a condescending way. She was just trying to look out for you. You took her advise the wrong way. I, personally, totally agree with her. If it is so easy for your fiancé to up and leave his country in the middle of the working period, then he wouldn't think twice about coming back, so asking you to marry him on a whim is not that big of a deal.

If I was you, I'd get married and then have him go back home so he can sort everything out with his life back in Belgium. File for CR1 and take on this journey together.

Good luck!

I agree, nothing was condescending in that response. It was a very good and well meaning response.

Vanessa didn't say it was her business, she was trying to give you advice, very good advice at that. There is no need to attack someone who brought up some very valid points. When you ask a question in a public forum such as this, you will get replies of all sorts, she is looking out for your best interests. Everyone knows you are going to do what you want, but there is no reason to to be so harsh to someone who was merely trying to help. You are taking a big chance marrying someone on a first visit and trying to adjust status. Just keep in mind that if he is denied when trying to adjust status, there is no appeal. Good luck.

I agree, and very good advices too.