has anyone gotten married on the VWP

[lexgrub 0]

I met someone online 6 years ago, he finally got enough money to come over last summer on the VWP, we wanted to get married then or somehow try to extend the visa but I know that is not the process so he went home after 3 months. He is working right now to come back ASAP and will have the money in a month or two. I want to apply for the fiance visa because I know that is the correct route but he lives in Estonia, and there is a possibility he will be forced to re-join the army if there is any sort of warfare over there that stems from the situation between Russia and the Ukraine, for that reason I want him to come here ASAP and we are ready to get married asap as well. I just want to know if its a possibility or if we are forced to go the long route since its technically visa fraud.

[Merrytooth 5,749]

It is visa fraud to come over to US, get married and STAY to adjust status.

It is ok to get married in US and file the CR1, spousal visa.

Right now, it seems that I-129F processing time is faster than IR1/CR1.

[Caryh 5,206]

It is not illegal to come on VWP, get married and adjust status. But it is fraud to intentionally plan to come on VWP, get married and adjust status. I-129F is the faster way to get here, although being able to work and often even drive gets delayed. A big part of the CR-1 visa taking longer is all the approving of the green card stuff has to happen before they arrive, so there are more steps to complete the process before they come, where K-1's do it after they come. The K-1 is also a more expensive process.

[baron555 934]

, for that reason I want him to come here ASAP and we are ready to get married asap as well. I just want to know if its a possibility or if we are forced to go the long route since its technically visa fraud.

Nothing technical about it....it's visa fraud, 100%. You risk deportation and lifetime ban. Your decision.

[lexgrub 0]

It is visa fraud to come over to US, get married and STAY to adjust status.

It is ok to get married in US and file the CR1, spousal visa.

Right now, it seems that I-129F processing time is faster than IR1/CR1.

can you explain this a little bit more to me, I am sorry I am really confused by the whole process. Could he stay here while we do this, or not on a vwp? I just want whatever process will be the quickest and easiest for us.

[lexgrub 0]

Nothing technical about it....it's visa fraud, 100%. You risk deportation and lifetime ban. Your decision.

You, or your significant other came from the same area it appears, although it seems like it was during a time period where there werent serious issues there. What would you have done in my situation, honest question. I am just worried that something could happen that would close the US embassy in his home country and then we would not be able to go forward with this at all.

[JohnR! 5,495]

You, or your significant other came from the same area it appears, although it seems like it was during a time period where there werent serious issues there. What would you have done in my situation, honest question. I am just worried that something could happen that would close the US embassy in his home country and then we would not be able to go forward with this at all.

Just my 2-cents: Do what you think you need to do and be prepared for the consequences. Having said that, the USCIS will not be lenient nor will they bend the rules for the reasons above, so keep that in mind as you make your plans.

Good luck.

[Boiler 48,942]

Crimea is about 1,000 miles from the Crimea, for those geographically challenged about the same as Italy.

I would apply for that K1 now, today.

[Caryh 5,206]

can you explain this a little bit more to me, I am sorry I am really confused by the whole process. Could he stay here while we do this, or not on a vwp? I just want whatever process will be the quickest and easiest for us.

You are intending to have him enter the USA, marry, stay here, while applying to adjust status. His entry into the country with this intent is a fraudulent entry, he did not come as a tourist, he's using a tourist privilege with the intent to adjust status and stay in the USA. If the government determines this was his intent when you apply to adjust status after the marriage, he will be issued a permanent ban for lying about the reason he entered the country. If USCIS decides it wasn't his intent, a green card will be issued and he can stay. Applying to adjust his status puts him in a state of authorized stay until a decision is made on the application.

The legal method is to enter, get married and return to his country while you apply for the CR-1 spousal visa, or apply for I-129F fiance visa, and wait for him to come after the visa is issued. In the mean time, he may be able to visit while the petition is processed, but he will need to return home at least to attend the medical and interview. Sometimes when someone has an open visa application for a CR-1, or I-129F the border agents can decide that person may have no intention of returning and deny them entry. A thing to remember, is no one is guaranteed entry to the USA except its citizens, even when they have a valid visa. This could also be a problem with him coming with the intent to stay. When he's suddenly bringing all these belongings and documents that will be needed to adjust status, which a normal travelling won't have, it raises a few eyebrows can get raised.

[lexgrub 0]

You are intending to have him enter the USA, marry, stay here, while applying to adjust status. His entry into the country with this intent is a fraudulent entry, he did not come as a tourist, he's using a tourist privilege with the intent to adjust status and stay in the USA. If the government determines this was his intent when you apply to adjust status after the marriage, he will be issued a permanent ban for lying about the reason he entered the country. If USCIS decides it wasn't his intent, a green card will be issued and he can stay. Applying to adjust his status puts him in a state of authorized stay until a decision is made on the application.

The legal method is to enter, get married and return to his country while you apply for the CR-1 spousal visa, or apply for I-129F fiance visa, and wait for him to come after the visa is issued. In the mean time, he may be able to visit while the petition is processed, but he will need to return home at least to attend the medical and interview. Sometimes when someone has an open visa application for a CR-1, or I-129F the border agents can decide that person may have no intention of returning and deny them entry. A thing to remember, is no one is guaranteed entry to the USA except its citizens, even when they have a valid visa. This could also be a problem with him coming with the intent to stay. When he's suddenly bringing all these belongings and documents that will be needed to adjust status, which a normal travelling won't have, it raises a few eyebrows can get raised.

Thanks so much for the info. If we decide on marriage, we will definitely file the visa. I honestly dont want to break any laws, I just wasn't sure what the policies were.

[baron555 934]

You, or your significant other came from the same area it appears, although it seems like it was during a time period where there werent serious issues there. What would you have done in my situation, honest question. I am just worried that something could happen that would close the US embassy in his home country and then we would not be able to go forward with this at all.

Well.....there was a unique situation in our case that was outside of the Embassy and involved the Russian Adoption agency....whose decision would have made or broke our chances of being together. In the end ours was a happy ending but we did discuss it and were prepared to live with that decision....what else could we do?

And the same in your case. If the US Embassy becomes closed and/or doesn't hear any visa requests....there is nothing you can do...

Definately not purposefully commit visa fraud.

[rade2rising 205]

Hey if he happen to visit and without preconceived intentions you decide to get married its OK.

Plz look at the law and decide accordingly

[JFH 12,196]

Even if it all goes to plan and he does get a visa to live with you, as long as he keeps his original nationality he can be called up for military service no matter where he is in the world. He is still a citizen of that country and they will still expect him to fulfil his duty to the country should there be a crisis.

[sj3112 17]

I came on the VWP and got married.. but like someone mentioned above my husband and I actually didnt plan this.. hes in the military so it was more like why not just do it tomorrow lol

I think the problem is that when i was questioned by the officer at the airport about what im doing i said visiting my boyfriend over the holdidays and i didnt lie because thats what i was going to do.. but when they catch you lying at the airport youll be in big trouble.

[Boiler 48,942]

Even if it all goes to plan and he does get a visa to live with you, as long as he keeps his original nationality he can be called up for military service no matter where he is in the world. He is still a citizen of that country and they will still expect him to fulfil his duty to the country should there be a crisis.

That depends, I seem to remember in Turkey for example if you are a Resident of another country you get a pass. What happens here I do not know.