You are here:

Immigration Issues/K-1 or getting married on VWP

Advertisement


Question
Dear Ajay,

I am a 23-year old German citizen, intending to visit my partner (female, 33 years, US citizen since birth), on a VWP for three months in May. we are planning to get married soon for me to be able to live with her in New York City. We are wondering, if we can get married on the VWP and then adjust the status at the end of my VWP or if we should play it safe and apply for the K1-visa while I return to Germany and go through the process from there.
We are interested to know what the risks of either course of action are and what the chances of success are.
We are in a serious relationship and we want to be able to spend our lives together as soon as possible.
your help is much appreciated, thank you!!

Answer
Hi,

You should not enter the U.S. under the visa waiver program with an intention to marry. As a practical matter, if you are not sure of your intention and you wait until at least 61 days to marry and for the sponsorship paperwork to be filed, all sponsorship paperwork can be filed concurrently with the USCIS. Additional information is here: http://www.h1b1.com/practices/marriage-to-a-u-s-citizen/

Information about the K1 visa category is here: http://www.h1b1.com/practices/k-1-financ-e-visa/

If the K1 process has been started, no entry should be made on the VWP.  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.