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Get Marriage on B2 or Visa Waiver Program

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by silviatevini, Nov 30, 2010.

  1. silviatevini

    silviatevini Registered Users (C)

    Here is my situation.
    This year I met a US citizen (I entered in the US under the Visa Waiver Program) and I felt in love with him; next year I want to come again in the US and get married to him.
    I read a lot about immigration issue, visa and so on; but all the information that I got is not complete.
    Below I list two situations, and I really hope that someone has more information.

    First situation:
    I enter in the US under the Visa Waiver Program and then I get married.
    Can I change my status and apply for the Green Card without leaving the US?
    I read that under the VWP "you can get married to an american citizen but you can not adjust status to permanent resident (get a Green Card) after your marriage" because it will considered fraudulently.
    Is it true? So, if I get married under the VWP, what happen next?
    I must have to leave the US and return to my country? And then what? How I can return and live in the US?

    Second situation:
    I enter in the US on B2 visa, I get married, and I change status and apply for the Green Card.
    I read that there are two way to apply for the Green Card: inside the US or outside the US through consular process.
    What is the best way to do it? Inside or outside? Which is faster? And how much it will cost apply for the Green Card inside or outside the US?
    --
    Can someone tell me step by step what I need to do in each situation?
    Further, can someone tell me which is the best option to get married and live together in the US (get the Green Card)?
    With "best option" I mean: Which is the faster option (can someone tell me the timing for each situation)? And which is the lower price option?
    Plus, which document do I need to get married?

    I really hope someone has the patience to explain me.
    Thank you very very much.
    --
    I know that the best way to get marriage in the US is to get a K1 visa, but I want to propose marriage face to face.
     
  2. Triple Citizen

    Triple Citizen Registered Users (C)

    Visit the US. Propose, though tradition dictates that he should propose to you :)
    Once he accepts, you leave the US and wait outside while your fiance' applies for your K-1. Keep it simple. No need to over think this one!!!

     
  3. silviatevini

    silviatevini Registered Users (C)

    I'm sorry, but I don't understand what are benefits about the K1.
    Even with the K1, after get married I have to adjust my status and apply for the green card, meaning a lot of money again..
    Is not easier and faster if I enter on a B2 visa and change status and apply for the Green Card?
     
  4. Triple Citizen

    Triple Citizen Registered Users (C)

    One huge benefit of K-1. One cannot be accused of fraud/misrepresentation.

     
  5. Al Southner

    Al Southner Registered Users (C)

    You need to google information on K1 visa. You need to spend money either option, but the K1 will NOT land you in hot water with immigration, because it clearly outline your intention, visit the US to get married to an American citizen. If you use the VWP, but you will be committing immigration fraud. Nowhere in the VWP, does it indicate it is a smart idea to get married on it. Don't be concerned about how fast each option is, be concerned about what is legally acceptable and follows the laws of USCIS. Isn't your boyfriend to be the one concerned about the proposal? Am I am living in the 1900s?
     
  6. Jackolantern

    Jackolantern Registered Users (C)

    If you don't already have a B2 visa, you probably won't get it, because the application requires you to disclose if you have a fiance in the US. If you don't mention him as your fiance on the application, and then you get married shortly after obtaining the visa, in the GC interview they will put 2 and 2 together and look at the timeline of events and believe that you already were engaged when you applied for the visa. Which in turn means they'll think you lied on the visa application, then it gets complicated and takes a long long time or you have to get a lawyer.

    If you enter with the visa waiver and stay to pursue adjustment of status, you'll run into the recent restrictions they imposed on adjusting status after entering with the visa waiver; they placed a big batch of such cases on hold while some higher authorities in USCIS analyze them to determine which few can be approved.

    Save yourself the immigration nightmare; go for the K1.
     
    Last edited by a moderator: Nov 30, 2010
  7. BigJoe5

    BigJoe5 Registered Users (C)

    In any scenario, your fiance or spouse MUST file a petition for you. As a fiance it is the I-129F which grants you entry for the intended purpose of marriage within 90 days. After marriage within 90 days, an adjustment package is filed (I-485, I-131, and I-765--the I-765 CAN be filed immediately upon entry on the K-1 visa but that is really a waste of time and money--it's too slow a process to do any good.) No I-130 is filed for this scenario.

    Marrying and immigrating as a spouse starts with the filing of an I-130 then is followed up with the Immigrant Visa application (DS-230) package via the State Department. This way you enetr the U.S. as an LPR from the first entry on that immigrant visa.

    Entering on VWP or B-2 tourist visa will allow you to enter and marry and file for adjustment (I-130, I-485, I-131 and I-765) which will eventually be denied and force you to go abroad and file for Consular Processing anyway with a much larger amount of both time and money.
     
  8. silviatevini

    silviatevini Registered Users (C)

    Ok, I get it. I should go for the K1. That mean that I would enter in the US legally.
    What I meant before is that in any case (B2 and K1) after I get married I have to adjust my status, so my thought was that apply for a B2 visa is faster and less exepensive than apply for the K1 visa...
    Am I right in some way?
     
  9. Jackolantern

    Jackolantern Registered Users (C)

    The B2 visa is faster and less expensive than the K1 visa, but the B2 visa is not appropriate for somebody who plans to immigrate to the US. Every day they deny numerous B2 visas because the applicants have business or personal ties to the US that indicate a high probability of them staying to immigrate.
     
  10. BigJoe5

    BigJoe5 Registered Users (C)

    As for the costs, entering as a nonimmigrant other than K-1, means that an I-130 ($420) must be filed.

    For a K-1 adjustment, no I-130 ($420) is required because of the I-129F ($340). Not sure if there is an additional DOS visa issuance fee also, if so it can't be more than a B?

    VWP (with ESTA Fee--currently $14) entrants have VERY LITTLE chance of success in adjusting. Otaining an actual B visa costs more ($140) and offers only a little more success--it really depends on individual circumstances and timelines.
     
  11. Triple Citizen

    Triple Citizen Registered Users (C)

    Only if you have no control over your libido. Otherwise, K-1 is the only option you should consider. Good from both short and long term perspective for the couple!!!

     

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