PLEASE HELP!!!! Nothing makes sense

A

alecia379

New Member
I have a few questions that I really need help with.. I met someone online and he is coming to visit in september.. all the visa sites are hard for me to understand and give me a headache with all the reading.. He will be able to come over with a visa waiver.. cuz of where he lives.. so the questions are

1.. once he gets here and we hit it off and decide that we do want to get married (we have already talked about it) is there away for him to be able to stay here while the forms are being filed or would he have to go back his country??

2. if we get married while he is here can they still make him go back when his 90 days runs out if the papers for k1 have been filed and sent off but not anything done by USCIS yet??

3. If we cant marry while here in the states while he is here what are our other options?? someone mentioned something about getting married in international waters or something.. also have been told it may be quicker if I go there...but money is short for me as a single mom and for him as well..would cost a lot to get him here more than once then you add all the paperwork that has to be filed..

I am basically just hoping that someone can help me out here.. make things a bit more understandable..
Thanks In advance.. =)
 
alecia, coming here on WVP and adjusting status to permanent resident is not an advisable option. Your potential future husband has to have non-immigrant intent when he enters on WVP so you'd have to look closely into what's called the 30-60-90 rule before you can adjust status. I'm assuming you are a US citizen so be aware that if he does overstay his visa, as long as he doesn't leave the country until he gets his GC, his overstay will be forgiven if he entered the country legally.

The more typicaly route for this would be K1 (before you marry) or K3 (after you marry). I don't think getting married in international waters will get you anywhere. They will not let your husband back into the country on WVP after you're married.
 
2. if we get married while he is here can they still make him go back when his 90 days runs out if the papers for k1 have been filed and sent off but not anything done by USCIS yet??
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you can get married while he is on visa waiver, however, I would strongly advise against filing for a GC just like it was explained above.

The fastest way for you to be together would be for you to see each other, for him to leave, and come back on a fiance visa K-1. You can file for K-1 while he is still here, it's not a problem.
 
ok thanks soem of that helped.. but what is a GC?? And if he wasnt gonna go back to his country after the 90 days then you are saying that would forgive this if an extension was asked for or whatever?

Also are you saying that we could get married and file for a k3 while he is here on his WVP?? i am new to all this so please forgive me if I ask something stupid.. Yes I am US Citizen but have trouble reading all their legal mumbo jumbo stuff (laugh)....

I understand that the k1 woudl be the best way to do it.. just trying to figure out if there are any options to keep him here once he is here.. or if its against any rules or laws that might hurt and not help us.. Anymore replies woudl be much welcomed and appreciated..

Thanks
 
alecia379 said:
ok thanks soem of that helped.. but what is a GC??
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A Green Card.

I understand that the k1 woudl be the best way to do it.. just trying to figure out if there are any options to keep him here once he is here.. or if its against any rules or laws that might hurt and not help us.. Anymore replies woudl be much welcomed and appreciated..
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This is the correct way to do things. Get engaged, and have him get a K-1 visa and come to the US. If you get married, then he can stay until the paperwork is complete.
 
alecia379 said:
ok thanks soem of that helped.. but what is a GC?? And if he wasnt gonna go back to his country after the 90 days then you are saying that would forgive this if an extension was asked for or whatever?

Also are you saying that we could get married and file for a k3 while he is here on his WVP?? i am new to all this so please forgive me if I ask something stupid.. Yes I am US Citizen but have trouble reading all their legal mumbo jumbo stuff (laugh)....

I understand that the k1 woudl be the best way to do it.. just trying to figure out if there are any options to keep him here once he is here.. or if its against any rules or laws that might hurt and not help us.. Anymore replies woudl be much welcomed and appreciated..

Thanks
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I got married to my wife who is a US citizen while I was visiting the US on a tourist visa (non-immigrant) visa last year. I left the US soon after that. Then I again came to the US around May of this year. My lawyer just asked me to wait 60 days (30-60-90 rule) before applying for change of status, green card and so forth.

However, I have no idea how a WVP would work in this case. K visas are safer ways to go but they take for ages sometimes.

I would advise you to meet a good immigration lawyer. Just pay the consultation fee 150-250 and he/she can tell u exactly what to do

Cheers
 
The main issue is that He would have to go back.. and this is already costing us a lot of money to get him here in september.. I dont know how we could get him here in september, send him back, file paperwork, and get him back here again... it is my understanding that for the k1 we have to have met 1 time within the last 2 years.. Well september will be our first meeting.. so I guess in the end that is what we are going to have to do anyhow..
 
Maybe it's good for your relationship if you meet first and then give it some time to sink in while you apply for the K-1 ... but this is just personal advice, not relating to immigration laws. I'm sure he will be a great husband, but generally don't rush too soon into a marriage with someone you've never met in person. My wife and I waited 6 years before we got married so I guess this is my personal bias (we met online too ;)).

Oh, let me just add out of precaution, when you file for his green card you'll have to sign a document stating you'll cover his expenses at a certain level above the poverty line for the next five years if he has no income for himself ... so be sure to get to know him in person well enough to make sure he's financially responsible.
 
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austriacus said:
Oh, let me just add out of precaution, when you file for his green card you'll have to sign a document stating you'll cover his expenses at a certain level above the poverty line for the next five years if he has no income for himself ... so be sure to get to know him in person well enough to make sure he's financially responsible.
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Actually you are financially responsible for the person until they have accrued 10 years of social security credits, until they naturalize, permanently leave the country or die. Be careful what you agree to.

The other important thing for both of you to understand is your new husband would only be given a 2 year conditional GC. At the end of the two years, you normally must still be married and jointly petition for removal of conditions, otherwise it is quite likely he will be sent home.
 
boatload, from what I remember it says that your financial responsibility ends when they are eligible to naturalize ... that's why I said 5 years as the maximum time for financial responsibilty. Or is this incorrect?
 
it does not end "when they are eligible to naturalize", but "when they actually naturalize."

The max duration is 40 work quarters (if the immgrant doesn't become a citizen), and if the sponsored alien works full time all 10 years, that's when the 40 quarters actually will end (you can only earn 4 quarters per year of work). Read about the quarters on www.ssa.gov
 
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