Questions about marrying an british woman w/o a green card.?

Question

I have a Fiance who is here on a visa waiver. We're engaged, and have been for a few months. She has left and come back to the states several times using the visa waiver (lasts only 90 days) (Her parents also live here in the states)

My question is that her attourney stated that it would be best for us to get married a day (or couple days) after her visa waiver expired so it wouldn't have it look like she came in last time knowing that she was going to get married.

Does anyone know if this is correct advice? Also does anyone have any knowledge on how she can get a temporary work permit? Supporting the 2 of us has been a brutal uphill battle.

Answer 1

The attorney is right.

We went through this with my husband, who is French. It all worked out and we had a good lawyer too.

My girl friend from Canada just married her boyfriend from Texas 3 days after her visa expired. She had been coming in and out of the US for 5 years and living with him in the US - Canadians get a 6 month visa to the US. Finally the last time she went home to Canada the US immigrations people told her she could not come back. They got a lawyer and he told them the same thing your lawyer told you.

If you two are married then you have the power.

Answer 2

I would not wait until after the 90 days had passed. B/C then it looks like you two got married to avoid overstaying her visa.
Do it in the middle if you are worried about it, after 30 days in. Then file the I-130 petition and wait. She will not have to got back after the 90 days *while that petition is pending, and will get (if you ask) work authorization when you file.


If you get married and she leaves the country, before the petition for her card is approved. She cannot come back in under the visa waiver. (Happened to couple who married here and left on a honeymoon in her country-she couldn't return for 6 months!)
You can petition for advanced parole, but I would start your life here, then she can go back.

Oh and if she shows up here with everything she owns, before you get married, they will not let her in. SO have her mail/ship her stuff seperately.

Also, she cannot get a work authorization under a visa waiver, that requires a visa.

Answer 3

Have you thought of consulting the government agency that deals with these things? They're the only people who can give you the right information.
I don't know how things stand now, but my sister married an American serviceman in England and they came back to the States together, no problems. They've been together now for more than fifty years. I expect things have tightened up a bit now, though.
What about you going to England and getting married there. It's best not to act as if you're trying to do something illegal. I think the State(?) Department is your best bet.