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Rachel87

I need advice on what to do

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I'll try to be brief: my boyfriend (American) and I (Italian) met while we were doing our masters together in Prague, but after we were done with the program and he moved back to the US the problems obviously started.. we finished the program last June, he spend the summer with me in Italy, then I stayed with him in the US for 83 days in August-Sept-October. Then I went to the US again this February for 3 months to do 2 non-credit courses at NYU ( I have certifications to prove that). I came back to Italy this morning, and before I left we agreed we want to get married to be together, however after reading all these forums and realizing how long all these processes are I'm not sure which one is the best option for me:

- K-1

- Getting married in Italy and then apply for a CR-1

- Getting married in Italy and apply for a K-3

- Go back to NY with the visa waiver in like 5 months with a plane ticket for only a week and then stay there and get married after 60 days

I really don't know what to do!! and obviously I don't want to be separated from him for too long...this whole thing has been so painful...

please I need advice!!!!!

Rachel

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- K-1

- Getting married in Italy and then apply for a CR-1

Get Married in US and apply for CR1

He move to italy, no idea how that is done.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Get Married in US and apply for CR1

So you say I should go there and get married on a visa waiver and then come back and apply for CR1? that would take so much time...we talked to a lawyer and he told us to just get married and then adjust my status from the US

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Although you will hear reports of people that do that successfully and hide their intent, IT IS VISA FRAUD to stay in the USA after getting married on VWP, if you entered with the intent of staying. No one on this board will or can advise you to do that, as it is against the law. It's also, apart from being illegal, very likely to cause serious problems for you: if USCIS determines that you entered on VWP with the intent of staying, you will earn a LIFETIME ban from the USA and will never be able to visit your fiance again. You take your chances, but I would never ever in a million years risk that. Don't do it.

That last part isn't technically true. Intent isn't enough of a reason by itself to deny the application or indeed apply a ban to enter the USA; however, it will be frowned upon, and of course if you declared to the USCIS officer upon entry that you had no intent to remain and you subsequently do, you'll have to be prepared to be under scrutiny. Nonetheless, the burden of proof is on USCIS to prove that you had the intent to remain, and that's very hard to do.

Still, it's not a recommended way to do things, and nobody here will advise you go down that path.


AOS JOURNEY FROM VISA WAIVER PROGRAM
EAD (I-765) APPROVED IN 30 DAYS
I-485 APPROVED IN 96 DAYS
• I-130 APPROVED IN 96 DAYS

---------------------------------------------------------------------------------
Full timeline (click show)

Day 1 - April 10th, 2013 - I-485, I-130, I-765 Mailed

Day 2 - April 11th, 2013 - Delivery confirmation, Chicago

Day 9 - April 19th, 2013 - Text NOAs for all three - NBC

Day 12 - April 22nd, 2013 - NOAs in mail for all three - NBC

Day 15 - April 25th, 2013 - Biometric walk-in at Fort Worth

Day 28 - May 8th, 2013 - RFE received (I-485) - immediately responded by fax

Day 30 - May 10th, 2013 - EAD approved, card sent to production

Day 35 - May 15th, 2013 - RFE processed for I-485

Day 38 - May 18th, 2013 - EAD card arrives in mail!

Day 41 - May 21st, 2013 - I-485 updated to "Testing and Interview"

Day 51 - May 31st, 2013 - Interview scheduled for July 16th, Dallas

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Day 96 - July 16th, 2013 - Approved at interview in Dallas, Texas! (I-485)

Day 96 - July 16th, 2013 - I-485 updated to "Card/Document production", I-485 updated to "Approved, mailed welcome letter", I-130 updated to "Approved"

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you'll have to be prepared to be under scrutiny. Nonetheless, the burden of proof is on USCIS to prove that you had the intent to remain, and that's very hard to do.

You're right, it's not the right way of doing things, but still i know of people that were illegal in the US for years and then got married and got their green cards approved...These people clearly came to stay and stayed illegally, but I think that if the marriage is bona fide then the USCIS can't really deny an application..how can they know that the guy didn't pop the question not to see his girlfriend leave? It is hard to prove..I think they mainly look for those people that try to arrange marriages with strangers just to get a green card..but again I could be wrong

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That last part isn't technically true. Intent isn't enough of a reason by itself to deny the application or indeed apply a ban to enter the USA; however, it will be frowned upon, and of course if you declared to the USCIS officer upon entry that you had no intent to remain and you subsequently do, you'll have to be prepared to be under scrutiny. Nonetheless, the burden of proof is on USCIS to prove that you had the intent to remain, and that's very hard to do.

Still, it's not a recommended way to do things, and nobody here will advise you go down that path.

What is technically true is that folks here will not advise you to go down that path, as that to do so may likely be construed as a violation of the forum's TOS:

http://www.visajourney.com/content/terms

Do it straight, do it right, or don't do it at all. A reply to an inquiring USCIS officer of, "other people do it," isn't likely to garner a positive outcome.

Good luck on your visa journey.:thumbs:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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We talked to a lawyer and he told us to just get married and then adjust my status from the US

I would go with legal advice rather than what you can get here. None of us is a Lawyer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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A lawyer who's giving advice that isn't exactly on the straight and narrow. ... I'd find a new lawyer. Just because they're a lawyer, doesn't make them a good one.

And as already mentioned, no one on this board who follows TOS will advise you to enter on a VWP and then get married.

As for your "straight and narrow" options...

K-1 might be faster, but you'll have to enter and adjust status.

If you get married abroad and then apply for the CR-1 or K-3, you'll have a longer wait but upon entering you won't have the nuances of waiting to get an EAD etc etc.

You can, of course, apply for either and come and visit while your petition is pending (or he can come visit you) for an extended time. I know this is the case for the K-1 at least. I'm not well versed on the CR-1 route since I didn't take that way. There's a pinned thread on this board for people who've visited during a pending K-1...if your concern is not wanting to be separated for a long period of time.


"Let me tell you the secret that has led me to my goal. My strength lies solely in my tenacity. " ~ Louis Pasteur.

Met Online - 01/2010
Met in Person - 12/21/2010

Engaged - 12/31/2010

File - 07/26/2011

NOA1 - 08/02/2011

NOA2 - 12/22/2011 (e-mail notice)
Visa Approved - 03/13/2012

Married - 03/31/2012 <3

*Started the AOS process a bit late cuse I'm a slacker and suck

But, we've had no issues. It's coming along. Interview should

be shortly coming. Married life is great*

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And as already mentioned, no one on this board who follows TOS will advise you to enter on a VWP and then get married.

Why not? Getting married on vwp is perfectly fine! You still have to leave when your 90 days are up though!


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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Why not? Getting married on vwp is perfectly fine! You still have to leave when your 90 days are up though!

...because the intent was NOT to leave after the 90 days and adjust status in the US. Read the posts from the OP.


"Let me tell you the secret that has led me to my goal. My strength lies solely in my tenacity. " ~ Louis Pasteur.

Met Online - 01/2010
Met in Person - 12/21/2010

Engaged - 12/31/2010

File - 07/26/2011

NOA1 - 08/02/2011

NOA2 - 12/22/2011 (e-mail notice)
Visa Approved - 03/13/2012

Married - 03/31/2012 <3

*Started the AOS process a bit late cuse I'm a slacker and suck

But, we've had no issues. It's coming along. Interview should

be shortly coming. Married life is great*

jest.gif

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...because the intent was NOT to leave after the 90 days and adjust status in the US. Read the posts from the OP.

Oh I've read them and have also told the op that entering with the intent to adjust is nothing but fraud..... But I don't think anyone here on vj would object to anyone getting married on vwp.

You can read what I wrote to the op earlier in the thread.


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is contemplating visa paths. ***



06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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If time and timing is the issue for you,

your man can file an I-129F now and then you chase after a K-1 visa once it's approved.

In the interim, you can certainly come in to visit on the VWP, not overstay each time.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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