I need advice on what to do

[Rachel87 0]

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

[Boiler 43,426]

- 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.

[Rachel87 0]

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

[Lynkali 163]

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

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.

[ImmemorialN 7]

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.

[Rachel87 0]

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

[Alaska2012 462]

Well first of all, entering on vwp with intent to adjust status is fraud, it doesn't matter that people have done it successfully it is still fraud and no one here on vj will tell you to go ahead with it. Yes cr1 will take time but at the end it is worth the wait and you can still see each other while waiting.

[Pitaya 2,576]

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.

[Boiler 43,426]

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.

[J and S 38]

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.

[Alaska2012 462]

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!

[J and S 38]

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.

[Alaska2012 462]

...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.

[TBoneTX 43,045]

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

[Darnell 8,478]

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.