Results 1 to 3 of 3
  1. #1
    Join Date
    Jan 2008
    Posts
    3

    Default Visa Waiver and Marriage

    Hello to all...
    I will first start by telling you that I am from Spain. My parents brang me over when i was 8 yrs old, I am now 32. They never filed for status for me. They are however residents. They have since moved back to Spain.
    I've been here practically all my life. Last summer, i decided to go back to Spain on vacation and came back and was admitted under Visa waiver program. I stayed here 3 months and i left back to Spain. When in Spain i decided to come back and was readmitted under the same visa waiver (another 3 month stay). My question is...i have been dating my boyfriend for over 3 years and he just proposed to me (right before im supposed to leave) I would love to marry him while here. I do not want to leave his side.
    1- Can we get married even though i came in under this visa waiver?
    2- If i do get married, should we do it before my 3months is up or should i overstay to marry him and then file I130-and 485?
    3- I do have a son from a previous relationship (he is a US Citizen)
    4- My boyfriend is also a US citizen

    Any replies will reply help..
    Thank you....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Waiver

    If you want to do things "the right way", marry him during your lawful status then return home and seek a spouse visa, or return home and seek petition to reenter under a fiancée visa.

    Some states now require proof of immigration status to get a marriage license, so if you overstay then try to marry you may have difficulty getting a marriage license.

    If you enter under the visa waiver program, you are subject to summary deportation without the right of review or contest. The potential for that doesn't end until your status is adjusted (not when you apply, but when your petition is granted).

  3. #3
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Visa Waiver and Marriage

    Thank you for your reply.

    I just wanted to know what the dates are for these applications.
    If my fiancee filed a fiancee visa...i checked the USCIS.gov site and they are processing cases with July 2007 (that is 7 months)
    and for spouse visa its June 2007 (8 months)

    Is this generally how long these applications take or am i missing something?
    So, in other words i will have to leave to my country and wait around for close to a year without my husband or fiancee?

    If i were to stay to marry him...
    After we file our petitions will they give us (or me) a problem because i overstayed on this visa waiver? Even if i have proof of a medical emergency and my return flight back home?
    What are my odds?

    Thank you

    1. Sponsored Links
       

Similar Threads

  1. Marriage: Marriage on the Visa Waiver Program and then K-3
    By Illusiveman in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 08-01-2011, 09:31 AM
  2. Marriage: Visa Waiver Program Overstay and Marriage
    By kg2008 in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 12-13-2010, 09:05 PM
  3. Visa Waiver Program: Visa Waiver Overstay and Marriage
    By kg2008 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-28-2010, 10:18 AM
  4. Marriage: Marriage to Overstay on Visa Waiver
    By jjnnfwo in forum Visas for Business, Tourism and Family
    Replies: 7
    Last Post: 01-19-2010, 05:36 AM
  5. Marriage: Marriage on Visa Waiver
    By ludlow06 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-17-2009, 06:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources