Best visa for us?

[Transborderwife 4,666]

True, but as he was let in they were satisfied that he would be leaving at the end of his stay & had no intention at that time to stay & adjust his status, but if he was to now to change his mind & wish to stay he can very legally do so & adjust his status being married to a USC.

OP Has already stated that he's going home anyways so the point is moot.

[blk 87]

OP Has already stated that he's going home anyways so the point is moot.

I know that, but if they decided other wise then it's still a legal option.

[blk 87]

We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

What ever you decide to do the information as to what's needed is in the Guides at the top of the page, but feel free to ask questions about anything that you are not sure about, as there are lots & lots of us that have gone through this process in different ways & might be able to give you some help & guidance with you journey.

Brian

[Boiler 43,394]

No, he didn't intend to stay when he entered. I read on multiple other forums and on the US government site that if you come into the country on a visitor waiver with the intention of getting married, you can not stay in the country. The lady that let him through immigration when he arrived told him the same. We've been finding information on various forums and government websites.

Odd, I have never seen anything like that and I have been involved with this a very long time.

You can not enter with the intent to stay as a visitor but that is not the same thing.

Edited July 27, 2015 by Boiler

[NikLR 13,220]

Your only option is a CR1 since you do not want to go the AOS route. You could try for a K3 but often they end up making the processing time longer and the visa is inferior to the CR1.

Best of luck to you.

[Teddy B 17,251]

But with declaration at Poe that the was to be married he could possibly receive a misrepresentation ban.

OP if you want to try and AOS, then by all means try. Just know that coming on VWP, should aos be denied he has no recourse for appeal. It's an iffy situation but may be worth trying.

Once the person has been allowed entry, he/she is considered to have satisfied any intent issues. And intent alone is not enough to deny AOS. There would be no misrepresentation in this case. It's not against the law to change ones mind.

[Boiler 43,394]

Once the person has been allowed entry, he/she is considered to have satisfied any intent issues. And intent alone is not enough to deny AOS. There would be no misrepresentation in this case. It's not against the law to change ones mind.

Exactly

[madtownguy 164]

We aren't thinking of adjusting his status, he still has things back home like his apartment and car and such that he can't just abandon. I was more curious of how long the process takes, from when I file the forms until he actually is allowed to come live here. What is the quickest way?

Cr1 could take anywhere from a couple months to a couple years, most likely on the quicker side. It is different and the averages change so quickly it's tough to go by. If he did come and say he was getting married here and left with out over staying, odds are they would let him come back to visit you on visitor visa. If he over stayed then you will probably have to wait for it to finish up.