Getting married under VWP and staying together during process....

[J&R123 0]

Hello,

So my first question is, my girlfriend and I got engaged while she was visiting the U.S. for the first time from Australia; can we get married under the Visa Waiver Program (VWP) while she's still visiting and can she continue to live in the U.S. while we process the I-130?

Second question is................. Once we're married under the VWP, can she fly home to sort things out and return to the U.S. permanently while the I-130 is being processed, or will this void it? Also, can this be done immediately or is there a time limit on when she can return to the U.S.?

Third question is........... What is the processing time for the I-130 and when do you know you're allowed to return to the U.S. to live together while your Visa is being processed?

Thank you for your responses!!!!

[Hypnos 6,578]

You can either: (i) marry and file for adjustment of status (follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2) or (ii) marry and file for an immigrant visa, with your wife returning to Australia before the end of her authorised stay under the VWP.

If you filed for AoS then she would not be able to depart the US until her Advance Parole was issued, which would take approximately ninety days. Departing before AP was issued would void the application. This method should yield a green card within three or four months, give or take.

If you pursue the immigrant visa route then it will take around a year, or perhaps even a little longer, before the immigrant visa is in her hands. She could continue to visit you on the VWP whilst the application was pending.

Edited June 15, 2014 by Hypnos

[canadian_wife 1,827]

First - she cannot live in the US without proper authorization. VWP grants no such authorization

Second - Traveling home then returning shortly after is a red flag to the US CBP, especially if one is recently married to a US citizen

Third - 8 - 12 months processing. She can STAY in the us, visit, but not live.

Essentially, you two are engaged. To travel to the US with intentions of staying, living, and adjusting status is visa fraud. She can visit, but you'll have to probably finish the process abroad.

good luck

[NikLR 13,232]

You have a choice... If you want to get married RIGHT NOW, she could adjust her status because her intent when visiting the USA was not to get engaged and married. But she cannot leave until she has her advance parole or green card. To do so abandon's the process.

However

1) yes she can get married while visiting using the VWP. (Remember she is just visiting the USA, not living here.)

2) yes she can travel home and return but remember a VWP person can only visit for 90 days at a time, 180 days per year. She will not be in the USA during the whole process. She will have to have her medical and interview in her country. She will not be able to just stay in the USA, but visiting does not affect the petition.

3) 8-14 months. There are several stages to a CR1 visa. No she cannot live in the USA during processing. She can live in the USA once she has the CR1 visa. She can, however, visit, as to the limits of the VWP.

Alternatively you guys could do the K1 visa.

here's a comparison chart, ignore the part about not-visiting.

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

here is a flow chart for both the K1 and the CR1 visas:

http://www.visajourney.com/content/k1flow

https://docs.google.com/file/d/0B9bvTEwLyHz1aW0yTWRqa3lqYzA/edit

Edited June 15, 2014 by NLR

[Krikit 1,165]

Moving topic from IR-1/CR-1 Process to General Immigration Discussion.

Welcome to VJ.

[J&R123 0]

You have a choice... If you want to get married RIGHT NOW, she could adjust her status because her intent when visiting the USA was not to get engaged and married. But she cannot leave until she has her advance parole or green card. To do so abandon's the process.

However

1) yes she can get married while visiting using the VWP. (Remember she is just visiting the USA, not living here.)

2) yes she can travel home and return but remember a VWP person can only visit for 90 days at a time, 180 days per year. She will not be in the USA during the whole process. She will have to have her medical and interview in her country. She will not be able to just stay in the USA, but visiting does not affect the petition.

3) 8-14 months. There are several stages to a CR1 visa. No she cannot live in the USA during processing. She can live in the USA once she has the CR1 visa. She can, however, visit, as to the limits of the VWP.

Alternatively you guys could do the K1 visa.

here's a comparison chart, ignore the part about not-visiting.

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

here is a flow chart for both the K1 and the CR1 visas:

http://www.visajourney.com/content/k1flow

https://docs.google.com/file/d/0B9bvTEwLyHz1aW0yTWRqa3lqYzA/edit

Thank you for all of the information!! We have semi-limited time to make a decision as to whether we should get married or stay engaged....... which route is best to take for the visa approval? We accept that she is going to have to go home regardless, we just want to know which is the easiest/cheapest process? Thank you!

[Hypnos 6,578]

The cheapest would be the immigrant visa option, but that would also be the longest.

[Lainie B 465]

Thank you for all of the information!! We have semi-limited time to make a decision as to whether we should get married or stay engaged....... which route is best to take for the visa approval? We accept that she is going to have to go home regardless, we just want to know which is the easiest/cheapest process? Thank you!

You are missing the third option. See Hypnos' post option (i)

[NikLR 13,232]

You have 3 options.

1) Adjustment of Status - get married, stay, and AOS.

2) K1 visa - faster, most expensive, still have to AOS

3) CR1, get married, slowest, cheapest

If she wants to get married and stay she can. Just have her family ship whatever she needs for the AOS to her. Any overstay for a spouse of a USC is forgiven upon approval and she enters a period of authorized stay when you start the AOS.

[NikLR 13,232]

If she doesn't want to stay then pick out of the two... really it is up to you two as a couple what you want to do. I didn't want a wedding in the USA, I wanted one in my home town with my mother as the minister. I had the perfect location figured out. So that's what we did. Plus, I have an older daughter who wanted to stay in Canada and the inability to leave the USA for 3 months (not to mention not working for 3 months) was really not in the cards for me. For someone else, who doesn't have that kind of family tie, the k1 would work for sure.

[J&R123 0]

If she doesn't want to stay then pick out of the two... really it is up to you two as a couple what you want to do. I didn't want a wedding in the USA, I wanted one in my home town with my mother as the minister. I had the perfect location figured out. So that's what we did. Plus, I have an older daughter who wanted to stay in Canada and the inability to leave the USA for 3 months (not to mention not working for 3 months) was really not in the cards for me. For someone else, who doesn't have that kind of family tie, the k1 would work for sure.

Hi NLR,

Thank you so much for your responses! This is so complicated! From our research so far, entering the U.S on the ESTA Visa Waiver Program is purely intended for a small visit under the intention of returning home. So far, from what we've read, trying to stay here places us in a risky position. The proper and legal avenues are the K1 and CR1 visas which are intended and meant for immigration. I feel we should go down this route. Plus I do want to go home to sort my stuff out.

See, what we're kind of struggling is getting support for our relationship and what is going to look the most genuine to the immigration officer. We've been together 7 months online and this is our first time meeting. If we marry, we're worried that family may not want to provide affidavits of support for our genuine relationship as they may feel it's rushed.

Our original plan, was for me to come to the U.S. for a visit, get engaged and I would return home. We would then pursue the Fiance Visa, he would come to Australia at the end of the year for travelling and so forth and going off processing times, the Visa should be granted by the end of the year or early 2014 when he's still visiting me. We would then have a private wedding abroad and I would return with him to the U.S. permanently. We'd only be separated 4-5months until he came to Aus.

What we are now considering is to go down the marriage route. That is, before I leave, we'll head to the nearest courthouse and get married. There'll be no dress, no ceremony or family or friends to celebrate with us then. Will that look less genuine to the officer? After we're married I'll go home and pursue the CR-1 Visa. He would still come to Aus to visit and travel at the end of the year and we'll still arrange for a ceremoniual wedding. We looked at processing times for both Visas and they're both 5 months give or take. Would we have to be separated again at the end of the year with this Visa option?

We feel that it'd be harder for them to deny us as a married couple rather than an engaged couple.......

[NikLR 13,232]

Affidavits of support are VERY low on the evidence scale. You're better off presenting your emails, skype, facebook, and chat logs.

K1 requires you get married in the USA. You cannot get married abroad.

People have fast weddings all the time and honestly you're from a country that is very low fraud. The amount of evidence needed is minimal compared to a place like Nigeria for example. The petitions are about 5 months, but the actual visa takes longer to get. From petition to visa for a CR1 (the marriage route) is about 12 - 18 months. A K1 petition to visa is 4-8 months. It's actually easier to get a K1 than a CR1 for the most part, but it is MORE expensive because of the AOS process at the end of it. I have a feeling you guys haven't looked fully at the guides yet so I suggest you do so. There is a lot more involved than just the petition.

K1 route to green card: petition, case number, packet 3 to embassy (includes visa application), packet 4, medical, interview, POE, marriage, AOS, biometrics, EAD/AP granted, interview (occasionally waived) Green card

CR1 route to green card: marriage, petition, NVC document intake - Affidavit of Support package, IV package (immigrant visa), medical, interview, POE, green card.

Either way because you're VWP you'll be able to visit but you should bring proof of your ties to your home country in case this is asked for at the POE.

Personally I wanted my family at my wedding and it was my husband's second so he wasn't as concerned. They were invited but no one was able to make it.

Edited June 16, 2014 by NLR

[cdneh 3,112]

Hi NLR,

Thank you so much for your responses! This is so complicated! From our research so far, entering the U.S on the ESTA Visa Waiver Program is purely intended for a small visit under the intention of returning home. So far, from what we've read, trying to stay here places us in a risky position. The proper and legal avenues are the K1 and CR1 visas which are intended and meant for immigration. I feel we should go down this route. Plus I do want to go home to sort my stuff out.

See, what we're kind of struggling is getting support for our relationship and what is going to look the most genuine to the immigration officer. We've been together 7 months online and this is our first time meeting. If we marry, we're worried that family may not want to provide affidavits of support for our genuine relationship as they may feel it's rushed.

Our original plan, was for me to come to the U.S. for a visit, get engaged and I would return home. We would then pursue the Fiance Visa, he would come to Australia at the end of the year for travelling and so forth and going off processing times, the Visa should be granted by the end of the year or early 2014 when he's still visiting me. We would then have a private wedding abroad and I would return with him to the U.S. permanently. We'd only be separated 4-5months until he came to Aus.

What we are now considering is to go down the marriage route. That is, before I leave, we'll head to the nearest courthouse and get married. There'll be no dress, no ceremony or family or friends to celebrate with us then. Will that look less genuine to the officer? After we're married I'll go home and pursue the CR-1 Visa. He would still come to Aus to visit and travel at the end of the year and we'll still arrange for a ceremoniual wedding. We looked at processing times for both Visas and they're both 5 months give or take. Would we have to be separated again at the end of the year with this Visa option?

We feel that it'd be harder for them to deny us as a married couple rather than an engaged couple.......

For the fiance visa, you cannot get married abroad. You have to marry in the USA within 90 days of arriving.