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Discussion Starter · #1 ·
hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August)

he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...

after the wedding will he be able to stay here and work after filing for his residency or will he most likely have to go back home...

by the time we are married we will be together for a year...does anyone know what types of evidence we will need to show...

as far as the wedding we will have to show that he did not enter planning on getting married right?

does anyone know how long the whole process generally takes?


sorry for the many questions...

Rosy
 

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The process I understand after filing for adjustment of status, simply allows your Husband to be resident during the processing of the application. I did this with my Ex-Wife, but it proved complicated initially. He could have applied prior to departing but I understand that is more time consuming (about 2 Years).

If your Husband needs to depart out of the US, during the application, advance parole is needed. The evidence I guess could be emails, letters etc. However, if you indicate he intended to enter the US to marry you, and was premeditated, that if I recall could be a negative for you.
hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August)

he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...

after the wedding will he be able to stay here and work after filing for his residency or will he most likely have to go back home...

by the time we are married we will be together for a year...does anyone know what types of evidence we will need to show...

as far as the wedding we will have to show that he did not enter planning on getting married right?

does anyone know how long the whole process generally takes?


sorry for the many questions...

Rosy
 

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Discussion Starter · #3 ·
The only thing is how long after filing would we know...if we plan to marry the beginning of August and he comes the end of May his 3 months will end a couple weeks after the ceremony..if he returns home will have to wait there until its cleared...or will he be able to come back a visit?

what is advance parole?

we have emails and such without any wedding details...we also have Christmas cards addressed to the both of us...we have flight itinerary, pictures, i can get phone records...we have alot of Facebook messages that im sure would count as emails....
 

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hello i am a Cali girl who is planning on marrying my UK love on Friday the 13th (August)

he is coming an the 3 month Visa Waiver program the last week of May and then getting married in August...

after the wedding will he be able to stay here and work after filing for his residency or will he most likely have to go back home...

by the time we are married we will be together for a year...does anyone know what types of evidence we will need to show...

as far as the wedding we will have to show that he did not enter planning on getting married right?

does anyone know how long the whole process generally takes?


sorry for the many questions...

Rosy
What you are planning is illegal ..you cannor enter the US on a visa waiver with the intent to marry and stay ... Some do get away with it ..but if you dont ...
there is no putting it right ...

Do it properly and sleep at night ...
You could either file for a K-1 fiancee visa now

or get married as planned then he must return to home and file for a CR!

there are plenty of web site that have flow charts for the whole procedure



http://www.uscis.gov/USCIS/New Stru.../Resources-3rd level/How Do I Guides/A2en.pdf
 

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Discussion Starter · #5 ·
What you are planning is illegal ..you cannor enter the US on a visa waiver with the intent to marry and stay ... Some do get away with it ..but if you dont ...
there is no putting it right ...


Illegal? even if he does plan on going home...? its why i am looking and trying to get information about it...We are already thinking that he will have to go home but just wanting to look at different options...

I am not sure how they would known about intending to marry...My friend and her spouse are currently going through the process of immigration its been 8 months and they still have not heard anything about his pending Spousal Visa...

so in turn not sure how long the Fiance Visa will even take to process...We just want to be together and not 6000 miles apart..
 

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Discussion Starter · #7 ·
if we go ahead and marry on the VWP

he then goes home as planned...and then we start his paperwork...are we more likely to get in trouble then...if he didnt remain here but went back to England do start the Spousal Visa and all that is required...

and how would that play out if he wants to come back the end of Oct to be here for the holidays?
 

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if we go ahead and marry on the VWP

he then goes home as planned...and then we start his paperwork...are we more likely to get in trouble then...if he didnt remain here but went back to England do start the Spousal Visa and all that is required...

and how would that play out if he wants to come back the end of Oct to be here for the holidays?
Yes you can do that ... best not to announce at the POE that you are coming for marriage though

Again same applies you can try to get in .... but if he still has a job and responsibilities its possible
 

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Discussion Starter · #9 ·
yeah he wasnt going to mention marriage there at all...

if he goes home and then i start the paperwork...with a lawyer i can have the lawyer write a letter saying that a visa is pending so when he visits after that he shouldnt have a problem...thats what my friend and her spouse are doing...
 

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The nightmare question!
 

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that bad huh...
It's not your fault. The problem is that you (I'm sure inadvertently!) ask for advice on breaking the law. If you asked how to break open a bank safe, you'd understand why posters (however knowledgeable) are reluctant to answer.
 

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Discussion Starter · #15 ·
It's not your fault. The problem is that you (I'm sure inadvertently!) ask for advice on breaking the law. If you asked how to break open a bank safe, you'd understand why posters (however knowledgeable) are reluctant to answer.

i dont want to break the law...he is going to go back home and then apply for the Spousal Visa....we just wanted to get married on his visit here...not expecting him to just try and stay...
 

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Things have changed since I married within the US, and maybe others on this forum could advise with more recent info. I think the same criteria still exist though. 1, He's British, enters on a visa waiver entry correct? You have to be Married within the US, to enable an adjustment of status. In my case, my Wife filed, as my sponsor (and had to meet financial criteria for that, including to be liable for any debts due to the State for 10 years (40 quarters, as it stated, divorce was not an exception for liability either). In my case, I was allowed to remain state side, while my application was processed (again that may have changed, I'm sure the website has detailed info, and will check for you), if I had reason to depart (I did as my Mother was elderly, and I had to return to Britain you needed to obtain permission to leave the US. The permission, is 'advance parole'. If you left without it you could put your application into jeopardy. Do not tell the US authorities if he enters under visa waiver you intend to marry, if you do they may decline entry. If things have not changed since 2003 then once legally married you can adjust status from within. He can apply for a Social number and permission to work, while the application is processed, it took a year to process. The problem mainly was financial, you need a bucket of cash for filing fees, and to prove you are financially worthy to sponsor him (you may be able to get a co-sponsor, not sure on that.

Hope that helps some.
The only thing is how long after filing would we know...if we plan to marry the beginning of August and he comes the end of May his 3 months will end a couple weeks after the ceremony..if he returns home will have to wait there until its cleared...or will he be able to come back a visit?

what is advance parole?

we have emails and such without any wedding details...we also have Christmas cards addressed to the both of us...we have flight itinerary, pictures, i can get phone records...we have alot of Facebook messages that im sure would count as emails....
 

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Everything in life is a gamble, what if this, that or something else? You have to make a start somewhere, and have determination to see it through to conclusion, right. I believe the US is built on risk taking to a degree, you just go for it as legally as possible. I know people who did not enter on Visa Waiver, did things by the book, still failed! Others took a few shall we say 'shortcuts', but the outcome was positive, the end result proved to be worth it. Talk about law, was it legal to invade Iraq, heck it was (sorry to get political, but a good analogy).
 

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Things have changed since I married within the US, and maybe others on this forum could advise with more recent info. I think the same criteria still exist though. 1, He's British, enters on a visa waiver entry correct? You have to be Married within the US, to enable an adjustment of status. In my case, my Wife filed, as my sponsor (and had to meet financial criteria for that, including to be liable for any debts due to the State for 10 years (40 quarters, as it stated, divorce was not an exception for liability either). In my case, I was allowed to remain state side, while my application was processed (again that may have changed, I'm sure the website has detailed info, and will check for you), if I had reason to depart (I did as my Mother was elderly, and I had to return to Britain you needed to obtain permission to leave the US. The permission, is 'advance parole'. If you left without it you could put your application into jeopardy. Do not tell the US authorities if he enters under visa waiver you intend to marry, if you do they may decline entry. If things have not changed since 2003 then once legally married you can adjust status from within. He can apply for a Social number and permission to work, while the application is processed, it took a year to process. The problem mainly was financial, you need a bucket of cash for filing fees, and to prove you are financially worthy to sponsor him (you may be able to get a co-sponsor, not sure on that.

Hope that helps some.
A little knowledge can be a dangerous thing! Bits are good, bits questionable in their application to the OP, and bits are either definitely wrong or inadvisable.
 

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True, but nothing beats personal experience. And I'm sure you can quote immigration Law left right and centre. But, and this is the but, often Officials judge peoples genuineness first. Many arranged marriage to gain entry has been done 'legally', and I recall the Immigration Officer at INS as it was then, who looked into my eyes and could judge this was a genuine application. I recall a lot of Mexican's who had correct paperwork (and other Nationalities, no discrimination) and were not accepted. Sorry to say, and I've said this before to you (and you don't seem to like it!), one day soon we will see $10 assisted passage (like Oz in the 70s) become reality. It is pure economics, just like a McDonalds that is ALWAYS recruiting, it is the lifeblood to the US, you know it is.
A little knowledge can be a dangerous thing! Bits are good, bits questionable in their application to the OP, and bits are either definitely wrong or inadvisable.
 

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Discussion Starter · #20 ·
well i just wanted to get different info about what to do..
im just confused...i dont want to break the law, i just want to marry him...
 
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