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Getting married with the ESTA visa waiver program

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Filed: K-1 Visa Country: Wales
Timeline

Is not your prime focus on 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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Filed: Citizen (apr) Country: Canada
Timeline

Immigration fraud (using a non-immigrant visa - like ESTA - to arrive in the U.S. and immigrate) generally involves lying.  The first lie could be buying a return ticket when in fact you have no intentions of using it.  It is also serious and can carry a lifetime ban.  

 

You are really asking us to help you start of your marriage with the woman with whom you are 'so in love' with a lie and fraud.  No we are not going to do that.  

 

Bad karma anyway.

 

Good luck 

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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OP: My suggestion to you is to stop reading too far into the motivations of other people's situations or how they managed to navigate 'around the law'. No one here can participate in telling you how to commit immigration fraud, it's against the law, and against the rules. Does it happen? Sure does. But I'd advise for you to not focus on the desperation of emotions of wanting to be with the person you love, over wanting to take a proper course of action that is legal. If you want to be together, there are legal pathways. And if you are caught doing otherwise, your chances go down pretty low. Since you currently reside in Spain, the legal options before you are filing for a K1, or filing for a CR1.

 

For a K1, once approved, you will enter as a fiancé, having 90 days to marry in the US, and may decide to remain there. If you choose to remain there by the 90 day period you should file for adjustment of status - this will lead to your green card status (and you may also apply for a temporary work/travel permit while that is processing.. these documents can take a further 90 days.. and the green card can take up to a year in some cases). As you can see, while obtaining a K1 works for some and you can adjust your status while staying with your newly married spouse - you will not be authorized to work or even leave the US until your documents come through. Financial sponsorship is a two-fold process for a K1, your fiancé or a cosponsor (if your embassy allows for it) will have to prove to the embassy directly regarding their ability to sponsor you. Once you marry, and adjustment of status is filed for, more complex financial sponsorship documents must be filled out. These are very much legally binding contracts with the US government, so any cosponsor utilized must be made aware of that fact.

 

For a CR1, it requires that you already be married; in Spain if you'd like for instance. It will take much longer than a K1 takes to process, but by the end of it, once you enter the US, you will have your green card and be able to work and travel as you like.

 

Whichever visa you choose certainly will depend on your situation and what all parties feel work best for them. Both require a good deal of funds to pay for. No one can truly tell you how long either option will take. We're heading into a new political administration with potential changes. At best the K1 is usually statistically quicker - but even at it's quickest moments, waiting for the person you love is hard. Explore the guides around here and choose which route is best if you are serious about wanting to proceed.

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: AOS (pnd) Country: Spain
Timeline

@yuna628 I will do it that way then. Since I´m visiting her anyways soon for her graduation, should we get married there while I´m under the ESTA visa waiver, then come back to spain and apply for the cr-1? or should I just start doing the k-1 visa now and still go visit her (if Im allowed) ? 

Can her parents be the financial sponsors since we are going to live with them until I get my greencard?

thank you for your reply 

Edited by makaveli95
adding info
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Filed: Citizen (apr) Country: Canada
Timeline

~~Posts removed do to TOS violation - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

~~Post also moved to What Visa Do I need, from AOS Work, Student & Tourist Visas - As AOS is not an Option for the OP.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

~~~Closed for review~~~

 

***Review of thread complete, this thread will remain locked; however, the OP is free to start another thread with questions on legal routes of immigration.***

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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