Would it be quicker to come into the USA on the Visa Waiver Program, get married and then apply for an adjustment of status? 5 Answers as of March 20, 2015

After 6 years together and a 2 year old daughter (born in the USA), it is time for my girlfriend and I to get married. I am a UK Citizen, she is a US Citizen. I would like to come to the USA and be able to work as soon as possible. Does anybody know what would be the best option? Should we start the process of getting the K1 fiancé visa?

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Alena Shautsova
Alena Shautsova | Alena Shautsova
The best and legal option would be for you guys to get married in UK and you enter the country after the i 130 is approved on an immigrant visa.
Answer Applies to: New York
Replied: 3/20/2015
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You are not supposed to have immigrant intent when entering on the VWP as that may be seen as misrepresentation of intent at the time of entry. If you want to discuss the most appropriate path and strategy, you should contact an immigration attorney to understand the various options.
Answer Applies to: California
Replied: 3/20/2015
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Absolutely. Yes.
Answer Applies to: California
Replied: 3/20/2015
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
The Visa Waiver Program is intended for foreign nationals who enter the U.S. with the intention of staying only temporarily and then return abroad, and may not be used by those who intend to enter for the purpose of becoming married and then remaining permanently in the U.S. Misuse of the VWP can have harsh consequences. There are advantages and disadvantages to the options available in your situation (entering the U.S. with a K-1 fiance visa, marrying within the requisite time, and then applying to adjust status, vs. marrying in the UK and then proceeding with consular processing), and it would be wise for you and your fiance to confer with an immigration attorney, who, after learning all of the details relating to eligibilities, options and strategies, could advise about the most appropriate steps to take. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answer Applies to: Georgia
Replied: 3/19/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
You can marry on the visa waiver but consult with an experienced immigration attorney first. The timing of the wedding can make the difference on getting the green card or not. The fiance visa is usually not a good option if you are already in the US (given the 10 months timeframe right now).
Answer Applies to: California
Replied: 3/19/2015
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