In search for advice to get married

[devoted72 1]

If I go to USA with an esta visa and then I marry him, it could look like fraud or not? I mean, it would be easier for me to marry him, come back home and ask for a spouse visa so that I will be able to do whatever I need to do in there after approval

[carmel34 3,533]

The CR-1 spousal visa is far superior to K-1 for many reasons.  Most of all, when approved, you could enter the US as a legal permanent resident and be able to work immediately to provide for your financial needs, get a driver's license, etc.  This will be important since your friend cannot provide for you financially.  He will need to find a joint sponsor who qualifies, have you spoken to him about this?  The first step is to meet in person, to get to know each other, to decide if you are compatible and can trust each other.  If that goes well, maybe return a few more times in the coming months to see where the relationship goes.  Entering the US on ESTA is always at the discretion of the CBP officer, be truthful and explain the purpose of your visit is to meet your friend for short visits.  The fact that your online friend is in prison may cause greater scrutiny when you file for immigration benefits based on your relationship, so multiple visits before getting married would help.  Save the documentation of all the visits (original boarding passes, passport stamps, hotel receipts, a few photos together if possible).  If your online friend eventually becomes your boyfriend or fiancé after these visits, and you eventually get married, he is the one who will have to file the I-130 petition on your behalf, so if he has access to this website and USCIS, he needs to do the research and learn about the process.  The process is long, expensive, and takes a lot of patience, with no guarantee of success at the end.  Good luck!

[molehills 67]

1 hour ago, Simo lasimo said:

If I go to USA with an esta visa and then I marry him, it could look like fraud or not? I mean, it would be easier for me to marry him, come back home and ask for a spouse visa so that I will be able to do whatever I need to do in there after approval

Using ESTA to marry and leave is fine. It's when you use the ESTA with intent to marry and adjust status (stay in the US) when it becomes fraud.

[devoted72 1]

First of all thanks for your time, in addition: i am already collecting all our letters and other stuff to make them in evidence when it is needed. We already know that i will need a sponsor and he has a few friends to help us. We are already sure to get married, therefore, there is no need to understand if we are compatible ;-).. It is not easy to go there multiple times because it is very expensive...we have video visits for now and i am planning to go there at the end of this year.

I know that the process is not easy but, honestly, i am not asking to become a citizen i just want to marry him and live there ,and obviously pay taxes, etc., What I do not understand is why, if two people want to get married like this case, there is no guarantee... i mean , i am not going to USA asking for the Govern to support me, i am going to work and take care of myself, i Italy is much simpler.

Anyway, It is ok that a spouse visa is more qualified for what i need, but how do i get a spouse visa if i am not married yet? I mean, i can't go , visit him and get married because this would be fraud, right? And this is the gap that i do not understand... k1 is a fiance and it's ok but it is for people who still have to decide.. if we are already sure what is the process? it is legal to go there, get married , come back home and ask for a spouse?

[jskibo 588]

40 minutes ago, Simo lasimo said:

it is legal to go there, get married , come back home and ask for a spouse?

Yes.  And likely the best path in your case since once you get the visa and return you can work.  It would be quite a stretch financially I imagine to try for a K1 as you would be here many months before you had authorization for work under the K1.  With your spouse in prison, you would be living off your savings while waiting on EAD

[Marieke H 2,329]

3 hours ago, Simo lasimo said:

We are already sure to get married, therefore, there is no need to understand if we are compatible 😉

First, you haven't even met in person yet. You may be sure now, but people can be very different in real life. Go visit him in person, and also visit the area where you would live to make sure that is where you want to live by yourself for years until he gets out. Then, if you are still sure you want to get married, you can marry him on that visit, or on a next visit, go home, and he can file for the spousal visa.

[EM_Vandaveer 2,370]

19 minutes ago, Marieke H said:

First, you haven't even met in person yet. You may be sure now, but people can be very different in real life. Go visit him in person, and also visit the area where you would live to make sure that is where you want to live by yourself for years until he gets out. Then, if you are still sure you want to get married, you can marry him on that visit, or on a next visit, go home, and he can file for the spousal visa.

This. I am not doubting your sincerity and I realize that there are innocent people in prison, as well as guilty ones who genuinely change but you are still talking about marrying someone you never met, someone who received a prison sentence that is over a decade long....

Meet in person first, then go from there. 

For sure figure out what burocratic process is involved when it comes to marrying him. He may need permission to do so...

[canadian_wife 1,791]

4 hours ago, Simo lasimo said:

 

I know that the process is not easy but, honestly, i am not asking to become a citizen i just want to marry him and live there ,and obviously pay taxes, etc., What I do not understand is why, if two people want to get married like this case, there is no guarantee... i mean , i am not going to USA asking for the Govern to support me, i am going to work and take care of myself, i Italy is much simpler.

 

There is no guarantee because the US citizen does not have a right to bring a spouse here.  That foreign spouse may be abusive, a terrorist, a criminal that hurts children.  That is why there is a process to ensure the safety for all parties involved.  THAT is why it is not a guarantee.  

 

I know it is frustrating, I've gone all the way through this process.  Now that I am on the other side, I understand the necessity of this process.  

 

Best of luck

[RO_AH 1,623]

7 hours ago, Simo lasimo said:

I mean, i can't go , visit him and get married because this would be fraud, right?

Not fraud. It is fraud if you come here, get married and then stay to complete the process. You can marry and go back and file for the spouse visa.