You are here:

Immigration Issues/marriage without a visa

Advertisement


Question
My boyfriend and I want to get married as soon as possible and wont be able to do as quick as we want with the fiance visa. He is from Germany and can come over here for 90 days without a visa on the visa waiver program. If he comes to visit and we get married during that time can he adjust his status. Can he stay over here while his forms are pending or will they send him back. Sense that is the wrong way to do it without the fiance visa can we still do it and will it cause more problems or waiting for us.

Answer
Read very carefully the provisions of the Visa Waiver  ANY violation of the waiver results in an automatic deportation, which is part of the treaty.  It doesn't matter if you get married or not, after 90 days, deportation is automatic, no judge, no hearing, no rights,  nothing.  You cannot adjust status on a VW.  In addition Visa Waiver holders who do violate the provisions are banned from future visa to the US.  Are you truly willing to accept that risk?

Do it right and not have the heartache of getting married then finding your new husband arrested, jailed then deported permanently back to Germany. File the K1 fiance visa...and if you have to wait a little, so what, do it correctly and avoid problems.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.