I need advice on what to do

[April_Filler 2]

I understand that you are in love and time becomes crucial.However, I have to agree with the person before me. Have you fiancee to fill out the K1, then you can come to the US under VWP -as long as you respect the 3 months requierements- , Once the three months have passed, no need to go to Italy, spend a week in Canada and come back until your K1 is approved.

-Getting a Lawyer not gonna make any changes time wise.

[Penguin_ie 5,984]

**** Do not speculate or advice on entering the USA with VWP with the intent of marrying AND STAYING- using the visa waiver program or a tourist visa with the intent of immigrating is visa fraud and discussing same is against our TOS ****

[revtech100 16]

Keep it simple and honest. Do a K1 and your good.

[bigdog 376]

Good idea.

[Gosia & Tito 199]

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

Your last alternative, as many have pointed out is not a legit one. Everybody in this forum (with maybe a handful of exceptions) has been, is or will be in the waiting while their petition is processed.

You are bringing forward that you are considering jumping the line, and while that might not be of much consequence at the individual level, other than considerably reducing your wait; it results in two things: people awaiting getting upset at least, and second, potentially causing others to follow same path, a path that is one of the reasons why everyone else has to wait: the abuse of the system which them everyone else after has to pay the consequences.

No one here can tell you to go ahead (TOS, etc), and everyone here (or most of at least) is trying to do it the right and honest way.

What do you think would happen if everyone here had done the "others do it that way" manner? Maybe at this point, there would not be a K-1 or CR-1, maybe there would not be even the possibility to visit while your petition is in process.

Hope you choose wisely.

[*Snowdrop* 603]

Putting the visa waiting times aside for a moment have you asked yourself the following questions...

1. Where do you want to get married? (I really wanted to marry in my home country so K1 was never an option for me - it mattered to me that my parents could host the wedding etc)

2. How soon after entering the US do you need to work? (If the answer is immediately then you need the CR1 - the other options require some waiting for work permissions - some people get caught out by this)

3. Will you need to leave the US at all in the first 3-6 months after your arrival? (If so then again the CR1 is the easiest option - again some people get caught out by this)

In your situation if you don't have any issues with marrying in the US, not leaving the US for a while after getting married and not working for a while after getting married then you might as well do the K1 and file for it asap. Like tomorrow.

As you mention in your post the AOS from VWP (and as people have mentioned this is illegal with intent) you will have to wait several months before attempting another US entry. Your K1 petition could easily be approved by the and you would be over halfway to being reunited.

You'd be able to relax and enjoy saying goodbye to your home and family and friends. They'd be able to throw you a leaving party and post pics on Facebook etc without fear of being caught by the immigration authorities. You'd be able to talk about leaving freely in emails etc without fear that will catch you out later etc. You'll still be able to visit your fiance.

Honestly I think that everyone who comes from a VWP country had a moments thought about 'What if I just AOS'd" - and there are people on here who've done it and think those who take the other options are crazy. But in my case I didn't want to start out my marriage with that worry of being caught hanging over me. In the long term the risk didn't seem worth it.

[Cathi 5,609]

K-3 isn't an option anymore, they are obsolete, and rarely, if ever issued anymore.

[Ryan H 3,790]

I've lined out the options that are not available and put a reason why in bold and red. The options that are not lined out are your only choices.

- K-1

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

- Getting married in Italy and apply for a K-3 K3 is an obsolete visa type

- 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 ILLEGAL

[MyVisa Journey 24]

tell him to come to italy and get married then go back to us and apply for u just like everyone else does its the best way ..... even though he might be away for a while he can still come and visit

[Kolewenoik31 57]

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

Honesty is always the best policy! I know many people talk of Karma. But I will say God is watching and many people do things illegally and get away with them but God will only bless those things that are done in honesty. Why bring more problems for later when if you do them right up front, in the long run not only will it be a smooth process but it will also prove beneficial, less headache. Just my thoughts!

[Kolewenoik31 57]

Your last alternative, as many have pointed out is not a legit one. Everybody in this forum (with maybe a handful of exceptions) has been, is or will be in the waiting while their petition is processed.

You are bringing forward that you are considering jumping the line, and while that might not be of much consequence at the individual level, other than considerably reducing your wait; it results in two things: people awaiting getting upset at least, and second, potentially causing others to follow same path, a path that is one of the reasons why everyone else has to wait: the abuse of the system which them everyone else after has to pay the consequences.

No one here can tell you to go ahead (TOS, etc), and everyone here (or most of at least) is trying to do it the right and honest way.

What do you think would happen if everyone here had done the "others do it that way" manner? Maybe at this point, there would not be a K-1 or CR-1, maybe there would not be even the possibility to visit while your petition is in process.

Hope you choose wisely.

Amen I agree!! We are all here going through the same waiting game. " We" due to finances at this point have no way of moving forward to file our petition. Not even able to meet face to face yet. We have a very long way to go but hoping and praying for God to bless us in the future not only to meet but also to file w/co-sponsoring in place. But for now we just hold on to our Skype, emails phone calls all as ways of keeping in touch and strengthening each other from afar. Let's notgfet into the small percentage of individuals who choose to do things illegally causing the rest who are following the rules to suffer. So glad that even though there are many challenges and delays that the possibility of visas are available it could be worst as someone has mentioned.

[M and C 32]

Here's the advice we got from our lawyer and this is what we did (like many here in VJ did, even without consulting a lawyer): My fiance filed for an I-129F and 5 months after we got our NOA2. Not bad at all.

[KVM 6]

Marry in the US, and adjust your status from Italy – It's illegal to stay in the US after marrying on a VWP – or apply now for a K1 Fiance Visa, which will allow you to marry in the US and stay there while you adjust your status. The K1 (129F) option tends to be a faster process.

We chose the K1 Visa path and are now living together as a a happy married couple