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British citizen marrying US citizen

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Filed: Other Country: United Kingdom
Timeline

I'm a 23 year old British citizen, born in London, UK, and I've known and been with my fiance for 11 months now. She is from Georgia, USA, born and bred. I have visited her twice so far with intentions of visiting again just to visit in the summer this year.

Our love for each other is immensely strong, and the distance is tearing us apart emotionally.

I have never been one to do anything illegal, and we plan to legally marry in the United States by the end of the year.

But there are a few things I'm unsure about...

Could I marry on my VWP? Then apply for a Greencard in the USA whilst still on my 90 day VWP? Or is that frowned upon?

Would it be best to apply for a fiance visa? If so do I do that in the USA or here in the UK? Plus how long would it take to obtain one? (is it difficult)

What are my best options for being with the love of my life?

She would fly here to the UK if only she didn't have college to complete, plus it's better for her to continue her career over there as she's also a part-time model with a good reputation in Atlanta.

I am from a middle class family, with enough money to support my visa application if any or any fees by lawyers if needed.

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Yes, you can marry on the VWP. Yes, your wife can submit the I130 petition while you are still visiting. You will however have to return to the UK before the end of the 90 day period to complete the process. You can continue to make visits during the process but you should always carry evidence of your ties to the UK showing that you intend to return at the end of your visit.

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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The fiancee visas are moving much faster than the spousal visas. I filed an I-130 for my husband in September 2013, still waiting for approval. People who filed fiancee visas at the same time have been approved and are in the States already.

5/21/2016: Mailed I-751 packet to CSC

5/23/2016: NOA1

7/29/2016: Biometrics Appointment

11/22/2016: I-751 Approved!

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Filed: K-1 Visa Country: Netherlands
Timeline

I'm a 23 year old British citizen, born in London, UK, and I've known and been with my fiance for 11 months now. She is from Georgia, USA, born and bred. I have visited her twice so far with intentions of visiting again just to visit in the summer this year.

Our love for each other is immensely strong, and the distance is tearing us apart emotionally.

I have never been one to do anything illegal, and we plan to legally marry in the United States by the end of the year.

But there are a few things I'm unsure about...

Could I marry on my VWP? Then apply for a Greencard in the USA whilst still on my 90 day VWP? Or is that frowned upon?

Would it be best to apply for a fiance visa? If so do I do that in the USA or here in the UK? Plus how long would it take to obtain one? (is it difficult)

What are my best options for being with the love of my life?

She would fly here to the UK if only she didn't have college to complete, plus it's better for her to continue her career over there as she's also a part-time model with a good reputation in Atlanta.

I am from a middle class family, with enough money to support my visa application if any or any fees by lawyers if needed.

Hi there!

Some exciting steps you two will be making, but just make sure you are well informed about what you are doing.

Techinically, yes you can marry on the VWP, however when you enter the country on a VWP with the "intent to marry" that is illigal. There are people who do it, and then it is mostly a spur of the moment thing (or they make it look like that) and are successful, but I believe there are an equal amount of stories that as soon as you are adjusting your status for the greencard, you are "caught" with your intention to marry when coming into the country and that would result in a deportation and a multi year long ban from entering the USA on any visa type. Also bear in mind that when you marry, untill you get your greencard (which can take easily up to a year) you have no work permit and are not allowed to leave the country as you have a pending immigration status. I would say this is risky business.. but all up to your own choice.

Applying for a K-1 visa is the most straight forward and also mostly "following the books". The process takes a while and I wouldnt start planning on a big wedding yet, just because the time frame is so unpredictable.. you could have your visa in hand by 5 months with some luck or it could take over a year with some bad luck.

You do mention your fiance is still in college, in order to apply for the visa she needs to make 125% above poverty level, to support a family of 2. Many times for students thats a bit difficult, so you might need to find a co-sponsor (her parents?) in the US, pending on your fiance's financial situation.

Hope it helps a bit!

Good luck in the process whichever road you decide to take and to the both of you in the future.

K1

18th Nov 2013 - Mailed K-1 visa application

22th Nov 2013 - Received NOA1 (with official receipt date of 20th Nov 2013 on the petition) from TSC

3rd March 2014 - Received NOA2 through email notification (101 days after NOA1)

10th March 2014 - Received hardcopy NOA2

12th March 2014 - Case shipped from TSC to NVC, notification through email

21st March 2014 - Received Case number from NVC after calling them

24th March 2014 - Case shipped to Amsterdam Consulate "in transit"

26th March 2014 - Case status changed to arrived "Ready"

26th March 2014 - Received packet 3 through mail, after contacting them through email

27th March 2014 - Returned Packet 3

3rd of April2014 - Received Packet 4 via post with interview data ( they dont give this information through email)

11th of April 2014 - Medical appointment

24th of April 2014 - Interview date - APPROVED!

2nd of May 2014 - Received Passport back in the mail

19th of May 2014 - MOVED! POE Atlanta - Never been faster through customs, no lines and it took the officer about 10 minutes to process my papers. Very friendly.

June 10th 2014 - Applied for SSN - They could not find me in the system yet, but the lady was very friendly and said she would process it later and call me in case she needed any more information or would foresee any delay past 2 weeks she would call me.

June 16th 2014 - Received my SSN

June 16th 2014 - Got our marriage licence - Although they said I did not need a SSN in case I had not received it yet. We called ahead.

June 27th 2014- Got Married!

Adjustment of Status

July 23rd 2014 - Applied for Adjustment of Status (Inc EAD / AP)

August 8th 2014 - NOA1

August 11th 2014 - Requested Expedite processing on AP

August 18th 2014 - Received appointment letter Biometrics Appointment

August 19th 2014 - Expedite request completed - AP approved and produced

August 28th 2014 - Biometics appointment

October 2014 - AoS Approved

January 29th 2015 - Green Card Received

Lifting Conditions

November 4th - Applied for Removal of Conditions

November 16th - NOA1

December 6th - Biometrics Appointment

Waiting....

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Filed: K-1 Visa Country: Netherlands
Timeline

Techinically, yes you can marry on the VWP, however when you enter the country on a VWP with the "intent to marry" that is illigal. There are people who do it, and then it is mostly a spur of the

Correction on myself there

Techinically, yes you can marry on the VWP, however when you enter the country on a VWP with the "intent to marry AND TO STAY IN THE USA" that is illigal. There are people who do it, and then it is mostly a spur of the...

K1

18th Nov 2013 - Mailed K-1 visa application

22th Nov 2013 - Received NOA1 (with official receipt date of 20th Nov 2013 on the petition) from TSC

3rd March 2014 - Received NOA2 through email notification (101 days after NOA1)

10th March 2014 - Received hardcopy NOA2

12th March 2014 - Case shipped from TSC to NVC, notification through email

21st March 2014 - Received Case number from NVC after calling them

24th March 2014 - Case shipped to Amsterdam Consulate "in transit"

26th March 2014 - Case status changed to arrived "Ready"

26th March 2014 - Received packet 3 through mail, after contacting them through email

27th March 2014 - Returned Packet 3

3rd of April2014 - Received Packet 4 via post with interview data ( they dont give this information through email)

11th of April 2014 - Medical appointment

24th of April 2014 - Interview date - APPROVED!

2nd of May 2014 - Received Passport back in the mail

19th of May 2014 - MOVED! POE Atlanta - Never been faster through customs, no lines and it took the officer about 10 minutes to process my papers. Very friendly.

June 10th 2014 - Applied for SSN - They could not find me in the system yet, but the lady was very friendly and said she would process it later and call me in case she needed any more information or would foresee any delay past 2 weeks she would call me.

June 16th 2014 - Received my SSN

June 16th 2014 - Got our marriage licence - Although they said I did not need a SSN in case I had not received it yet. We called ahead.

June 27th 2014- Got Married!

Adjustment of Status

July 23rd 2014 - Applied for Adjustment of Status (Inc EAD / AP)

August 8th 2014 - NOA1

August 11th 2014 - Requested Expedite processing on AP

August 18th 2014 - Received appointment letter Biometrics Appointment

August 19th 2014 - Expedite request completed - AP approved and produced

August 28th 2014 - Biometics appointment

October 2014 - AoS Approved

January 29th 2015 - Green Card Received

Lifting Conditions

November 4th - Applied for Removal of Conditions

November 16th - NOA1

December 6th - Biometrics Appointment

Waiting....

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Filed: Citizen (apr) Country: Portugal
Timeline

Could I marry on my VWP? Then apply for a Greencard in the USA whilst still on my 90 day VWP? Or is that frowned upon?

Technically you can, but it is not advisable. Basically, when you enter the US on the VWP, you're saying you are entering as a tourist who will return to his home country. So, you either lie at the POE when you get asked what your visit's intent is - and that is illegal - or you say what your true intentions are and you risk getting denied entry and sent back to London. So, while possible, it is definitely frowned upon and can be considered visa fraud.

Would it be best to apply for a fiance visa? If so do I do that in the USA or here in the UK? Plus how long would it take to obtain one? (is it difficult)

I think a fiance visa, at this time, is the best option. It is done in a two step process: first, the US citizen sends a petition to USCIS; once that gets approved, the case is sent to the London Embassy, where you can then apply for a K1 visa. There is a wealth of information on here in the Guides - do check them out. As for how long, no one can guess as some have been able to obtain their visas in less than 5 months, others in more than a year. Again, the Guides will provide more information on this. Generally speaking though, fiance visas are moving faster than spousal visas, so that is one thing to bear in mind when choosing what to do. And no, it's generally not difficult. Following the guidelines and tips on here, you can do this by yourselves.

What are my best options for being with the love of my life?

It really depends. Do your research on fiance vs. spousal visas and make your choice - no one can do that for you. :)

She would fly here to the UK if only she didn't have college to complete, plus it's better for her to continue her career over there as she's also a part-time model with a good reputation in Atlanta.

I am from a middle class family, with enough money to support my visa application if any or any fees by lawyers if needed.

On your research, look into the Affidavits of Support and what they entail. Also, there is some great info on the London Embassy on here, so study that as well. Money is important, and it's important that you both take finances into account when making your choice.

Good luck!

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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