Hi,

I have a couple of questions about marriage to a USC. My girfriend (USC) and I (Europe) want to get married by the end of the year. I will travel to the US in August under the VWP and marry, than apply for adjustement of status. My question is now what kind of papers will I need to show when I go to apply for adjustement? And will I receice a workpermit immediatley?

Second, how long will this procedure take and will I still be able to travel bacl to Europe in the meantime?

I know I could apply for a fiancée visa but I was previously denied a B2 visa so I'm a little bit scared that I will be denied again.

Thank you for your response.

Mainly, you'll need to file forms I-130, and I-485. Advanced Parole and EAD are filed on separated forms but usually filed at the same time with the first two.

www.ins.gov for more info

James

http://www.ins.gov/graphics/howdoi/Appproc.htm


James

What you are going to do is illegal. You cannot enter the US with the intent of getting married. If they find out that you entered the US knowing you were going to get married, you're in trouble.

If you want to take that risk and apply after being married :
http://www.ins.gov/graphics/howdoi/legpermres.htm
That will tell you everything you need to do. You'll get your work permit quickly. Your girlfriend will have to be able to sponsor you at 125% of the poverty level or you'll have to have a co-sponsor.

I know that the VWP is not intended to get married. I want to do it the legal way but I am afraid that I will be denied again when I apply for the fiancée visa due to being denied previously (B2 visa).
Would you advise to apply anyways for the fiancée visa?

Just because you have been denied a B-2 visa, it does not mean that theyou will be denied a K-1 visa. The legal way is the best way. May take some time, but unless you have some terrible secrets in your past, currently married to someone else, or a crimina;l record, you should have no problem obtaining a K-1 visa.

Goodluck!

I'm not a lawyer and I won't recommend anything. The choice is yours to make.

I have a question, if your country has a VWP, why would you apply for a B2 visa? And why were you denied, any ideas?

I applied for the B2 visa because I wanted to stay longer than the initial 3 months under the VWP.
I think I was denied because I was too honest at the embassy. I told them that I wished to spend some time with my g/f and see if things would work out. They told me I applied for the wrong visa and denied me.
Which in my opinion wasn't fair.

Well they probably thought you were going to stay instead of going home and applying for a K visa.
It may be tricky for you to come on the VWP and then adjust. Just cause you get married doesn't mean they are going to let you stay.
Honestly, in my *humble* opinion, you are probably better off applying for the K visa. yeah it's going to take some time but at least once you get it you'll be fine.
I mean, how is it going to look if you come here, get married and the adjust your status and they look at your file and see that you were denied because you wanted to spend more time with your girlfriend? They are probably going to think that you KNEW you were going to get married when you entered the US. And that's illegal. It's very frowned upon.
I would take the safest way and apply for the K visa. *BUT* I'm not a lawyer and the choice is yours as to which route you want to go.
You may even want to talk to a lawyer.

Best of luck to you!

Thank you for your advise, with 'some time', how long do you think we're talking about?

I guess it all has to do with the INS where my g/f has to file and the country where I live?
(g/f lives in Indiana and I live in Belgium, Europe)

I have no idea how long it takes to get a fiance visa. I've heard it can take a few months to a year. I have no idea but I'm sure someone else
would!


Bonne chance :)

Try this link to find out processing times

http://www.immigration.com/processing-times/

i have applied for a K-3 which is the same sort of visa, it will take 90-120 days for the INS to complete and then maybe 1-2 months for you to go to the embassy and apply to them for an interview, i hope this helps