Immigration Issues/Marriage on vwp

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Question
Hi I recently visted my fiancée who is a usc I myself am I a ukc. it is her birthday at the end of march so was planning on flying out there then to visit using the vwp. We are planning on getting married whilst I am over then I would fly back once the 90 days are up and we'd start the paperwork would there be any problems with that, and would it be possible to start the paperwork whilst I am in the us. we were going to apply for the k1 visa but cannot afford the several trips over and would like to be there for her birthday.

Answer
Hey Stefan,

You can apply for adjustment of status (green card) after entering on VWP.  Or, you can fly back to the UK to wait for your immigrant visa.

To stay in the US on VWP, you must get married after waiting 60 days after arrival.  After getting married you have a small window of time to submit your green card applications, and after that you can wait here in the US for the green card interview and will not have to go back to the UK.

We have helped many clients get their green cards by entering VWP and marrying a US citizen subsequently.  Usually money is the issue.  US government filing fee for the green card is $1490 and the attorney's fees is $1800 (installment payments available)

If you decide to fly back to the UK and apply for the K-1 visa, be sure not to get married in the US, as that would terminate your eligibility for the K-1 visa, which is for fiance of US citizen.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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