I am english and I can come to the USA on a visa waiver. I have a valid ESTA authorisation already and I have been with her in the USA earlier this year. Can I get married next time I go to the states, and then pursue a permanent visa? What steps do I need to take?
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Entering America on a visa waiver, and getting married with the "INTENTION" of remaining in the USA is a problem. It is a violation of the terms of the visa waiver. Getting caught violating any immigration law makes it difficult to successfully obtain any new visa to reenter the USA.
You can certainly get married, however after marriage, within the terms of the visa waiver you must leave the USA.
After marriage, your spouse files for a CR-1 spousal visa. It may take about 12 to 14 months to be granted. While it is pending, you will be in your home country, waiting for your interview at the nearest US consulate to be scheduled. Once you attend and pass the interview there you get the CR1 visa and are approved for your Green Card..
A faster way to proceed is to apply for a Fiancee Visa. The time needed to process is only 6 to 8 months. Assuming you and your American Fiance have already met, you can apply immediately, and start whittling away at the processing time. While the Fiancee Visa is pending, you can still enjoy the visa waiver and visit. Just that you need to return to UK in time for your interview in London.
Here is how the process works:
What your American Fiance is applying for is called a Fiancee or K1 visa. Once approved you will be allowed to LEGALLY enter the USA for the purpose of marrying him, then permanently remaining in the USA.
There are a lot of details involved. I have recorded a series of videos that explain the
process: http://fianceevisaservices.com/fianceevisavideo.ht...
To summarize.
First of all you have a real courtship and relationship and you both intend to get married.
Then check that you both meet the eligibility requirements: He is a US citizen. You both are currently 'free to marry'. He earns over $15,130 annual income. You have met each other 'face to face' at least once, during the past two years.
You will have to 'prove' that you have a real, genuine, 'bone fide' relationship. You do this by presenting copies of correspondences, photos, letters, plane tickets, etc.
You should make sure that you build from the start a solid 'paper trail' of the communications of your relationship. This means itemized telephone records, emails, instant messages, voip calls, snail mail, packages. If you use prepaid telephone cards make sure yours gives you an itemized call list or find a different card to use..
When meeting 'face to face', take plenty of photos, vary the shots, locations, wardrobes. Meet with family, and friends. Document with photos. Turn date stamping on.
Don't move too quickly. Couples who instantly fall in love and get engaged or married may be suspected of fraud. Go slowly, build your relationship.
Once your relationship gets serious, don't let too much time elapse between trips to meet each other "Face to Face". The longer the separation, the more suspect the relationship is. I recommend 'face to face' meetings, at least every 6 to 9 months.
Once your relationship has progressed, there have been 1 or more 'face to face' trips, and there is abundant proof of your relationship. Then HE applies for the visa, to USCIS, Homeland Security.
Then about 6 to 8 months later you will be asked to come to the US embassy in London for your interview. If all goes well you will be granted your visa, come to the USA and you can then marry.
Once you marry, you apply for your Green Card and then remain together permanently in the USA.
Costs:
$340 Fiancee visa filing fee, when he originally applies to USCIS
$200 medical exam fee, just prior to your interview
$240 Visa application fee, just prior to your interview
Best
Fred Wahl
Matchmaker
No.
It's perfectly legal for you to come on the VWP and get married, James. What would be illegal -- and a felony -- is to enter the US on a non-immigrant visa (or, worse, no visa -- as the VWP is no visa) and the intent to stay ("immigrate") on that very trip.
Once you got married, your spouse will file an I-130 petition for you with the USCIS. It costs $420 and takes about 5 months to be processed. Thereafter the petition will be forwarded to the National Visa Center and they will ask your (then) wife for the mandatory Affidavit of Support, form I-864. Once that's taken care of, the entire package goes to the US consulate in London. They will contact you, ask for a bunch of documents, and will schedule an interview. Thereafter you'll receive your CR-1 visa. The moment you enter the United States, you will be a Green Card holder. You can rock and roll from day one on.
the U. S. by no potential tells you who you may marry. merely who can get a visa. If his purpose is to come back here and marry and positioned across you back to the united kingdom interior ninety days, a B2 travellers visa or B2W visa waiver will suffice. If he plans to marry here and save on with for adjustment of status as an immigrant, he might desire to flow into as a ok-a million Fiance. you may attempt to bypass around this rule, it happens each and all of the time, yet once you do and that they do no longer have confidence you, you danger having them say he entered below fake pretenses and can't alter.
I want to marry a US citizen... I'm a British citizen but a permanent resident of Canada. The situation isn't quite black and white I'm almost 60 almost at the end of my working years he is 47, he isn't financially well off would this make it impossible for him to sponsor me through K1 Visa program? We have been dating 6 years and clearly can prove it.
no ... get the US citizen to file for a fiancee visa
http://www.visajourney.com/content/k1flow