Need advice on Visa/Marriage

[frankiebean 9]

My friend is in a sticky situation. She is a UK citizen and has been dating a US citizen for the past 1.5 years. During that time they have travelled back and forth to visit each other. On her last visit to the states she was flagged, and customs told her they would let her off with a warning this time, but the next time she tries to enter, she may be barred. They said there would be a note on her file. 

 

She is currently in New York, and plans to return to the UK in February (she is on Visa waiver program so her visa expires after 3 months of entry). Her and her boyfriend want to get married, and eventually apply for a green card so that she can stay in the states and be free to travel back and forth. 

 

What is the best course of action for her? Should she get married now, and start the application process? Which visa would she need to apply for, and would it seem sketchy? 

 

Thanks for the advice!

Edited November 12, 2019 by frankiebean

[USS_Voyager 1,971]

8 minutes ago, frankiebean said:

What is the best course of action for her? Should she get married now, and start the application process?

Since she is already in the US, she can get married and file AOS: I-130/I-485/I-131/I-765. The first two are for her husband to sponsor her and to adjust her status to be US Permanent Resident. The second two are work permit and travel authorization so she can work and travel outside the US. It'll take 6-8 months to get the work permit and travel documents, and probably more than 12 months to get the I-130/I-485 approved so she can get a green card. Meanwhile, she can stay in the US until her work permit and travel documents are approved. Good luck!

[Boiler 43,397]

Well the visa depends very much on her priorities, perhaps she should join VJ and have a read of the options and ask if questions arise.

[geowrian 22,335]

Option 1) Stay in the US and file for AOS. More expensive option, and she cannot work or leave the US (and return) without an EAD or AP respectively. Those take ~4-7 months. She needs to have or be able to obtain all necessary documents while in the US (i.e. birth certificate and such).

Edit: Note this is basically a one-and-done - she can't leave the US to close up ties then come back on the VWP again with intent to file for AOS (plus it sounds like they may not even admit her again).

 

Option 2) She leaves prior to the 90 days and interviews for the appropriate visa abroad. She can do a K-1 if she does not marry now, OR (preferred) she can marry now and start the process for a CR-1 visa.

Edited November 12, 2019 by geowrian

[Dashinka 23,207]

It really depends on their personal situation.  Are they ready to get married now?  If so, they can do a Justice of the Peace thing and file for AOS with her in the US.  I am not sure if the note from CBP will have any impact on the AOS, but at that interview, the IO may ask about it.  If she needs to return to the UK to tie up her life there, they can still get married and file for the CR1.  Technically, she can still visit, but she will have to convince CBP that she has no intention to stay at each entry (she would have evidence of ties to the UK).  If they are not ready to get married within her time limit here, then they can explore the K1 visa, but that would probably be my last choice.  Just remember if she stays and adjusts she will not be able to work or travel internationally for 6-8 months until she gets her EAD/AP.

 

Good Luck to your friend!

Edited November 12, 2019 by Bill & Katya

[USS_Voyager 1,971]

4 minutes ago, geowrian said:

Option 1) Stay in the US and file for AOS. More expensive option, and she cannot work or leave the US (and return) without an EAD or AP respectively.

I am not sure this is the more expensive option. To me, this is the least expensive option, basically they're just out the filing fees for I-130/I-485 and especially it sounds like she was planning to stay until Feb 2020 anyway. Any other way, she will be out at least a roundtrip ticket to the UK, all the NCV fees, the I-130 fee and the green card fee.

[geowrian 22,335]

3 minutes ago, USS_Voyager said:

I am not sure this is the more expensive option. To me, this is the least expensive option, basically they're just out the filing fees for I-130/I-485 and especially it sounds like she was planning to stay until Feb 2020 anyway. Any other way, she will be out at least a roundtrip ticket to the UK, all the NCV fees, the I-130 fee and the green card fee.

Minus the ticket, it's ~($1200 - $425 cheaper). The flights may be more or less than this. Edit: Oh, and the $220 immigrant fee....so a little under $600 cheaper minus the flight.

Edited November 12, 2019 by geowrian

[frankiebean 9]

Thanks for the advice everyone! I think the best course of action is CR1... 

 

If they get married now, and she returns back to the UK to file a CR1, would she not be able to come back to visit until it is processed? Does anyone know what is a typical processing time for CR1? (She's from Scotland, and he's in New York), 

 

 

[Dashinka 23,207]

2 minutes ago, frankiebean said:

Thanks for the advice everyone! I think the best course of action is CR1... 

 

If they get married now, and she returns back to the UK to file a CR1, would she not be able to come back to visit until it is processed? Does anyone know what is a typical processing time for CR1? (She's from Scotland, and he's in New York), 

 

 

She can visit, but keep in mind with her last entry, there may be a note in her file so-to-speak, so if she does visit, she should have evidence that shows she does not intend to stay during that visit.

 

This is in the K1 forum, but it applies to CR1s as well.

 

 

 

[Boiler 43,397]

CR1 is a year and a bit.

 

She can certainly try and visit but it sounds like she has been pushing her luck.

[Lucky2Lucky 2,526]

First she needs to decide if she wants to get married. She can either get married here or in her country. If she can drop everything in the UK and doesn’t have to go back (for many many months) she should get married here and file AOS. If she needs to tidy things back up in the UK she has two options. Get married now, file CR1 and go back to the UK to get her things in order and wait for approval. The other option is to only get engaged, file the k1, and go back to the UK for the k1 to be approved- then move to the US and get married. 

 

If working in the US is a priority then AOS or CR1 would be best as the K1 she would wait months before she can work in the US.

 

other things to consider are that her future spouse needs to make enough money to sponsor her. 

[JFH 12,189]

Sounds like she had been using the VWP to live in the US in 90-day installments. Not a good idea and not what it’s intended for. Frequent short visits are better for CBP. I made over 40 visits from the UK before I emigrated and never once had a warning. I was taken into secondary once. Some of my visits were only 5 weeks apart. Longer visits show a lack of ties to the homeland and that’s always the red rag to the bull when it comes to CBP. If she does return and follow the immigrant visa process back home, she can try and visit but I wouldn’t hold my breath. Basically in the eyes of CBP she had been too greedy. Although you are granted 90 days at each entry on the VWP, it’s expected that  people of working age have jobs, bills, etc to return to. It’s rare that someone can take so long off work and still make their rent/mortgage payments and pay their bills whilst traveling. 

Edited November 12, 2019 by JFH

[Sellamalola 222]

6 hours ago, frankiebean said:

Thanks for the advice everyone! I think the best course of action is CR1... 

 

If they get married now, and she returns back to the UK to file a CR1, would she not be able to come back to visit until it is processed? Does anyone know what is a typical processing time for CR1? (She's from Scotland, and he's in New York), 

 

 

 

8 hours ago, frankiebean said:

My friend is in a sticky situation. She is a UK citizen and has been dating a US citizen for the past 1.5 years. During that time they have travelled back and forth to visit each other. On her last visit to the states she was flagged, and customs told her they would let her off with a warning this time, but the next time she tries to enter, she may be barred. They said there would be a note on her file. 

 

She is currently in New York, and plans to return to the UK in February (she is on Visa waiver program so her visa expires after 3 months of entry). Her and her boyfriend want to get married, and eventually apply for a green card so that she can stay in the states and be free to travel back and forth. 

 

What is the best course of action for her? Should she get married now, and start the application process? Which visa would she need to apply for, and would it seem sketchy? 

 

Thanks for the advice!

If she’s under visa waiver program, she has to go back home  and if they’re ready to get married they get married in her home country. If they’re flagging her profile  is probably because she’s misusing her vwp and staying in the US too long and too often and spending more time here than you do at home shows immigrant intent, so the best route is for him to marry her in her home country and file CR1 because there’s is a huge chance they’ve marked her file as immigrant intent and that could cause an unnecessary denial of a future adjustment because she’s in a visa waiver which is only good for 90 days and if you marry within those 90 days you came here to get married and jump the immigration line, besides the fact that her immigration profile has been flagged. Good luck friends 🍀

[Dashinka 23,207]

31 minutes ago, Mellamanlola said:

 

If she’s under visa waiver program, she has to go back home  and if they’re ready to get married they get married in her home country. If they’re flagging her profile  is probably because she’s misusing her vwp and staying in the US too long and too often and spending more time here than you do at home shows immigrant intent, so the best route is for him to marry her in her home country and file CR1 because there’s is a huge chance they’ve marked her file as immigrant intent and that could cause an unnecessary denial of a future adjustment because she’s in a visa waiver which is only good for 90 days and if you marry within those 90 days you came here to get married and jump the immigration line, besides the fact that her immigration profile has been flagged. Good luck friends 🍀

For the CR1, they can get married anywhere, it does not have to be in her home country.  Additionally, since she is already in the US, they can get married and she can adjust her status.  Her travel history may be questioned at the AOS interview, but it is a legal path.

[HRQX 4,145]

2 hours ago, Mellamanlola said:

if they’re ready to get married they get married in her home country.

I wouldn't recommend a UK marriage because the US citizen requires a Marriage Visitor visa and then they have to give a minimum of 28 days notice after they arrive in the UK; thus there are better options:

1. USA (e.g. Las Vegas, NV; Reno, NV; etc.): https://www.visajourney.com/forums/topic/658852-tourist-visa-us-marriage-return-home-apply-for-cr1/
2. Gibraltar: http://www.visitgibraltar.gi/getting-married
3. Iceland: https://guidetoiceland.is/history-culture/getting-married-in-iceland
4. Denmark: https://familieretshuset.dk/en/your-life-situation/your-life-situation/international-marriages/if-you-wish-to-get-married-in-denmark

Edited November 13, 2019 by HRQX