Help! Need clarification with Green card process

[crispo]

Hi all,

I am a UK citizen, my fiance is USC. I am currently residing out of US, she is in US.

We want to marry and obtain a GC for me, but am confused as to the best way forward.

I am planning on entering the US in about 2 months time, and as far as i can see the options available are:

1 Enter the US on a K-1 nonimmigrant visa for fiance
Then, file I-129F Petition for Alien Fiance, the EAD and the I-485 Permanent Residency once we're married

2 Enter the US on a temporary Visa Waiver Program (WVP) or B-2 visa
Then after we're married, i would have to return overseas and she would file the I-130 Petition for Alien Relative and then we would have to wait to file the I-485 and proceed with the application via Consular Processing

Both of these have drawbacks - the processing time to receive the K-1 visa could be many months, whereas if we applied via CP it would mean I have to wait for the GC to be processed before returning to the US.

Is it possible for me to enter the US (without waiting for the K-1 visa), get married, then remain in the US so we could be together whilst the application is being processed? I understand you're not able to do this on a WVP, but is this possible on a B-2 visa? Has anyone managed to do this, or does USCIS take a dim view of this if you overstay your (temporary) visa with the intent to reside permanently?

I've read some similar stories on here, but i can't seem to find a definite answer?

Any help would be greatly appreciated

Thanks!

 

[Triple Citizen]

Go the K-1 route and wait it out. Hormones can be controlled.

Is it possible for me to enter the US (without waiting for the K-1 visa), get married, then remain in the US so we could be together whilst the application is being processed?

 

[Jackolantern]

Is it possible for me to enter the US (without waiting for the K-1 visa), get married, then remain in the US so we could be together whilst the application is being processed? I understand you're not able to do this on a WVP, but is this possible on a B-2 visa? Has anyone managed to do this, or does USCIS take a dim view of this if you overstay your (temporary) visa with the intent to reside permanently?

People have done it after entering with either a B-2 visa or VWP, although USCIS does take a dim view of it.

Those avenues are not wise choices for you, because on the visa application you have to list if you have a fiancee or spouse living in the US and what their immigration status is. Once they see you have a US citizen fiancee they almost surely won't approve the B-2 visa.

Some might advise you to lie and don't mention the fiancee on the B-2 application; but then after you enter the US and get married and apply for the green card they'll look at the sequence of events and figure out that you were lying.

The problem with the VWP is that although many have been granted green cards after entering with the VWP, there is a court case pending which may put a stop to that. Another poster's daughter's green card process is on hold now because of that court case. Although the language of the visa waiver program disallows change of status, USCIS has been granting adjustment of status from VWP to permanent residence for immediate relatives of USC, and perhaps this court case is going to determine whether they should be allowing that exception.

However, you can still use the VWP to minimize your separation during the process. You can fly to the US with the VWP, and then have your fiancee file for the K-1. Then leave the US at the end of the 90 days and wait for your consular interview, which should happen soon after you return to your home country. Your interview date might even be before the 90 days are up.