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Getting married with the ESTA visa waiver program

By DonaldTrumpUS in What Visa Do I Need - Family Based Immigration

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DonaldTrumpUS Rookie

DonaldTrumpUS   0

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Filed: AOS (pnd) Country: Spain
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Hello, I´m new in this forum and I´m posting here because a few users on spaniards.es recommended it.

I have a couple of questions regarding marriage and changing the status while Im under ESTA visa waiver program.

I am spanish and my girlfriend is from the US, she is american, I have travelled to see her a couple of times now and we are so in love, but we decided to get married since we want to be together and its really hard to find h2b visa sponsors. The thing is that the k-1 visa takes around 8 months to a year so I was wondering how to make it work to get married with the ESTA and be able to stay with her.  
 A) First, I want to know how to avoid problems after getting married, I have read here this " f your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US. "  so I was wondering how can I prove that those werent my intentions, when we get married, how can I avoid denial or deportation? 

B)What is the cost of the whole process? (I dont need the travelling permit, all I want is to get married, get he work permit and the green card) 

C)How long does it take to get the work permit? 

D)Do we need to celebrate the wedding in order to avoid problems, or can we wait to have an actual good ceremony in a year and just sign the papers and have a small celebration with her parents now?

E)I read your partner has to prove their income is 125% above poverty level, could her parents sponsor us for that since we are going to stay and live with them?

F)Can somebody let me know how to do this, the steps I need to take and some advices towards it?


Thank you so much to everyone who takes their time to read this thread, I apologize if I made some grammar mistakes but Im in a rush at the moment because Im pretty stressed out about this whole situation.

Have a great weekend guys!
 

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Boiler Grand Master

Boiler   43,401

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Filed: K-1 Visa Country: Wales
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Where are you now?

 

General questions are dealt with by the Guides so start by reading those.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,401

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Filed: K-1 Visa Country: Wales
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Posted

Cr1 is longer but a bit cheaper, if you are looking for speed and marrying in the US then K1 is your only option, she could start that now.

 

In the meantime you can continue to visit on the VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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p-ana Experienced

p-ana   933

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Filed: Citizen (apr) Timeline
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You can't enter the country with the esta/ visa waiver with the intention to stay and adjust. That's fraud.

 

You already stated that's your intention, would you lie saying it wasn't? When entering, try telling the cop officer you're coming to get married and apply for a green card. 

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

Your options are a K-1 or to marry and file for a CR-1. Each would take around a year, with a K-1 perhaps slightly quicker. 

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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DonaldTrumpUS Rookie

DonaldTrumpUS   0

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Filed: AOS (pnd) Country: Spain
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How people get married with the ESTA then? I been reading some people´s threads and I see a lot of people got married with the ESTA...

What is the cr-1? Can I stay in the US if I get married and I apply for it?

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
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Posted

They were in the US, you are in Spain.

 

CR1 and K1 are both applied for in Spain. You can visit on the VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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DonaldTrumpUS Rookie

DonaldTrumpUS   0

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Filed: AOS (pnd) Country: Spain
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Whats the difference between cr1 and k1? Whats the difference? I have read about people who travelled there and got married, how they did it? Lying to the borders agent, or in the AOS interview?

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

CR1 if you're married, and not in the US

K1 if fiance (not married), and not in the US

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Boiler Grand Master

Boiler   43,401

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Depends how you measure costs, purely on a fee basis CR1 is cheaper. 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Transborderwife Veteran

Transborderwife   4,666

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Filed: Other Country: Canada
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Posted
Just now, makaveli95 said:

How come some people get married with the ESTA and just say it was "a spur of the moment" even if they were with their significant other for several time?

Because sometimes it genuinely happens 

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Boiler Grand Master

Boiler   43,401

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Filed: K-1 Visa Country: Wales
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Posted

Really other peoples situations are matter for their own threads, the important thing here is your options.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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