On Jun 14, 8:43 pm, Bob wrote:
> > On Jun 14, 6:52 pm, ian-mstm
> > wrote:
> > > > My soon to be fiance is British and plans on traveling to the US
> > > > in 2
> > > > weeks to stay for the legal three months he is allowed on the
> > > > tourist
> > > > visa waiver program. We would like to get married while he is here
> > > > (maybe) but my question is, if he marries me while he is visiting
> > > > on a
> > > > visa waiver, can i then apply for the k-3 visa or any other visa
> > > > to
> > > > change his status without him having to go home to england? Also,
> > > > would he be subject to any sort of legal problems if we chose to
> > > > marry
> > > > while he was here without first applying for a k-1 visa? He wants
> > > > to
> > > > live and work in the united states but is not so worried about
> > > > getting
> > > > his green card. The only reason we have not applied for the k-1 is
> > > > because we are unsure if his visit will include a wedding and
> > > > because
> > > > of the wait time. Do any of you have any experience with this?
> > > > Thank
> > > > you so much for your time and help
>
> > > > -Sarah.
>
> > > I'm willing to bet that most of us in this forum have experience
> > > with
> > > international marriage and immigration. You should know, before you
> > > make
> > > any firm plans, that it is illegal to enter the US *if* you have the
> > > prior intent to stay and adjust status after a marriage. It's not a
> > > problem to get married... but staying in the US afterwards becomes a
> > > very grey area!
>
> > > Anyway, if you do marry while he's here, you don't need any sort of
> > > K
> > > visa - the purpose of which is to get someone *into* the US. If he's
> > > already here... it's a waste. You'll file an I-130, I-485, I-131 (if
> > > he
> > > wants to travel internationally), and I-765 (if he wants to work)...
> > > and, of course, a lot of supporting documentation, some of which
> > > he'll
> > > need to get from the UK. Be aware that if he gets these things *in
> > > advance* of his trip to the US... well, that pretty much signals his
> > > intent to stay!
>
> > > Ian
>
> > > --
> > > Posted viahttp://britishexpats.com
>
> > Ian-
> > Thanks for the response. We are not sure about actually getting
> > married or not, its still up in the air so his intent is only to come
> > for the summer and enjoy himself. but he is coming with an engagement
> > ring and well, we want to be married pretty much asap (if money
> > allows) so i wanted to know if it was possible to do so while he was
> > here without messing up his chances of living/working here in the
> > states. The only reason I mentioned that he did not want a green card
> > is because we plan on spending our time divided between the UK and the
> > US (as well as europe) and want the option of both becoming dual
> > citizens. I just figured if he applied for permanent residence he
> > would be giving up his UK status and we want both.
>
> > Our next step is definitely to a lawyer to figure out what the best
> > thing to do is. I have heard that if you come on a tourist visa/VWP
> > and wait 60 days from entry to get married then you can apply for a
> > change of status and he would be able to stay. I wasn't sure about
> > that tho...
>
> > -Sarah.
>
> You need to have the greencard for 3 years minus 90 days to apply for
> citizenship if based on marriage to a US citizen, and still married as a
> couple when applying for citizenship, along with some other
> requirements.
>
> If he's a UK citizen, he won't be giving up any status as far as the UK
> is concerned.
>
> --
> Posted viahttp://britishexpats.com
i'm a little bit confused. what do you mean exactly? you have to wait
3 years until you can apply for a green card?
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