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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7550
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi, i have other thecnical question i would like to be answered.

Resolved Question:

Hi,
i have other thecnical question i would like to be answered. Since we decided that the option of getting married after at least 60 days my landing in america, is it easy to change my visa status (esta waiver program)? does my girlfriend to do anything before this? what kind of documents i need to take with me? can i just go to the city hall asking for getting married or do i have to file for anything?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

I am a new Expert who will be helping you with your question. But first, I need to know the background.

What are you trying to accomplish and what has been done so far. Tell me everything that you think will be important for me to help you.
Customer: replied 11 months ago.

oh hi!


i'm sorry i thought i was talking with the same lawyer i talked the last time.


Here is my situation:


i'm an italian citizen who wants to get married with my fiancè which is an american citizen. I'm getting different opinions on this matter. Some people are telling me that i should apply for a k1 fiancè visa (so my girlfriend in the USA should go to the USCIS and start the process from there), other people are telling me that i simply have to fly to the USA and get married with my fiancè at the city hall. But then i don't know if i can change my visa status from turistic to a permanent one in the case of a green card...how can I find out what i need to do?



I heard that coming to usa with the intent of getting married without the proper visa is wrong and i've been told that as rule of thumb i should wait at least 60 days...but then, is it easy to change my visa status (esta waiver program)? does my girlfriend have to do anything before this? what kind of documents i need to take with me? can i just go to the city hall asking for getting married or do i have to file for anything?


 


Thank you so much for your help!

Expert:  Expert James replied 11 months ago.
Andrea,

So the purpose of your visit is to get married to your US citizen fiance?
Customer: replied 11 months ago.

yes

Expert:  Expert James replied 11 months ago.
Andrea,

I'm not sure what you already have been told by the other attorney. But what is important is the intent of the traveler at the time they are coming to the US. If your purpose of coming to the US is to get married and adjust your status to permanent resident so that you can live and work in the US, then you are breaking the law by coming as a visitor/ESTA to accomplish this.

Yes, if a person comes to the US to visit, and their actual purpose is to visit, but then they end up marrying a US citizen and changing his status, that is not illegal.

But in your case, your intent in coming to the US as a visitor/ESTA traveler is to get married and then adjust your status. That intent is not allowed on the visitor/ESTA status.

The right, legal way to do this is to get the fiance visa.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 11 months ago.

Ok thank you so much!


even though it will be a long process i guess my only option is to get the k1 visa...i don't want any kind of problem. I really need to be with her and don't want anything bad to happen!


 


Thank you again,


 


Andrea


 

Expert:  Expert James replied 11 months ago.

Andrea,

 

Yes. I think that is your best option to keep you in line with the law. It should take about 6 months to compelte.

 

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7550
Experience: Experienced in all aspects of immigration and nationality law.
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