Marry in USA on VWP, return solo to UK to file?

[bemydruidess 0]

Hi everyone. I know this has been gone over but there is so much information on here and so I wanted to make a thread specific to my situation for some help.

For clarity: my partner is in Austin, Texas, and I am in London, England.

My partner's divorce to a German was recently finalised; they married while she was on holiday and went down the AOS route. This was around 2.5 - 3 years ago, things quickly turned sour and he and I started seeing one another a year ago, before he finally went through with divorcing her (they were separated for some time, very much so in advance of he and I even meeting).

We have been considering our options to be together permanently. I am wanting to do everything as properly and sensibly as possible.

I have heard one way would be to marry under the VWP while in the USA, me return to the UK and continue earning and saving while filing from here to move to the USA and be with him.

Is it possible to do it this way, can someone point out any red flags or advise the route I would take, names of forms etc?

Thank you.

[Georgia16 2,858]

Yes you can do that no problems. It will be the CR-1 visa also known as spouse visa. look at the guides at the top to read more

Edited November 19, 2015 by Georgia16

[Boiler 47,470]

So the German did the VWP Express and you are looking at the CR1, I see no issue.

[bemydruidess 0]

Okay that's great to know. Does anyone know a vague time span this entire process would take?

Thank you.

[Boiler 47,470]

Assume a year, may be quicker, may be longer.

[bemydruidess 0]

Thank you. Can you see any red flags with our case? Will I need to tell the border people in USA my intentions on entering the USA, i.e. marrying then returning home to my flat and work? I normally say I am staying with friends which is correct but haven't mentioned my partner yet. Not sure if I will need to bring any additional evidence with me to prove I am returning home.

Edited November 19, 2015 by bemydruidess

[Boiler 47,470]

Never any harm having evidence, highly unlikely you will be asked, only to be shown if needed.

Why complicate matters?

[aaron2020 11,652]

Red flag spotted.

Your fiance gained his green card through marriage to a USC. He marries and petition for you within 5 years of him receiving his green card through marriage. This is on the I-130 instructions. He will need to demonstrate that his green card was through a bona fide marriage, and not a plan for him and you to immigrate to the US using a sham green card marriage.

A spouse, if you gained lawful permanent resident status by virtue of a prior marriage to a U. S. citizen or lawful permanent resident, unless:

A. A period of five years has elapsed since you became a lawful permanent resident; or

B. You can establish by clear and convincing evidence that the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

C. Your prior marriage through which you gained your immigrant status was terminated by the death of your former spouse.

[aaron2020 11,652]

Assume a year, may be quicker, may be longer.

It will be longer. OP's fiance married 2.5 to 3 years ago. Most likely, he is not a USC. It takes about 2 years for a green card holder to petition for a spouse.

[DJ6372 111]

 

Hi everyone. I know this has been gone over but there is so much information on here and so I wanted to make a thread specific to my situation for some help.

For clarity: my partner is in Austin, Texas, and I am in London, England.

My partner's divorce to a German was recently finalised; they married while she was on holiday and went down the AOS route. This was around 2.5 - 3 years ago, things quickly turned sour and he and I started seeing one another a year ago, before he finally went through with divorcing her (they were separated for some time, very much so in advance of he and I even meeting).

We have been considering our options to be together permanently. I am wanting to do everything as properly and sensibly as possible.

I have heard one way would be to marry under the VWP while in the USA, me return to the UK and continue earning and saving while filing from here to move to the USA and be with him.

Is it possible to do it this way, can someone point out any red flags or advise the route I would take, names of forms etc?

Thank you.

 

I think we are all a little confused here!

Is your husband to be a USC by birth?

The marrying a german has thrown us all

Edited November 20, 2015 by Ryan H

[Boiler 47,470]

It will be longer. OP's fiance married 2.5 to 3 years ago. Most likely, he is not a USC. It takes about 2 years for a green card holder to petition for a spouse.

I thought the ex was German?

[aaron2020 11,652]

I think i may have been confused.

Quite frankly, I don't know if the OP's fiance is the USC or German.

[Boiler 47,470]

She certainly implied USC

[Georgia16 2,858]

Her boyfriend is the USC and he married a German girl while she was there on vacation and then they did AOS right after. Now they are divorced and he want to marry OP the UK

[DJ6372 111]

If he is a USC then happy days!!

I did the same we married in Chicago and I returned to the UK

You can do it on an ESTA

Its easier to marry in the USA than UK