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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My boyfriend visited the us from uk on visa waiver program.

Customer Question

My boyfriend visited the us from uk on visa waiver program. He wants to come back and get married. The fiancée visa seems to be a long process.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It is a long process, maybe around 9 months. How long ago did he leave the U.S.?

Customer: replied 10 months ago.
He left the us on December 19 th
Customer: replied 10 months ago.
He left the us December 19 , he was here only 2 weeks. He can come back now with the visa waiver program again, and from what I've read we can get married towards the end of this 90 day stay, then request green card. We have known each other over a year, just met in person in December. I'm 40, he's 46, this is legitimate
Customer: replied 10 months ago.
The 9 month process you mention, is that doing it with the fiancée visa. Isn't there another way. Can the 9 month process take place while he's here. This seems crazy to me.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Yes, that is the fiancé visa that can take about 9 months or so. It may be possible to file a K-1 as soon as he enters the U.S., he stays with you 90 days, the K-1 process will be 90 days in when he leaves the U.S., then he only has to wait 6 months or so because he will not normally be allowed to enter the U.S. on such a visa when he has clear immigrant intent due to the pending K-1 process.

The quickest way if for him to enter the U.S. and you get married and file for Adjustment of Status immediately. There is an exception to the 30/60/90 day rule for immediate relatives of U.S. Citizens. Here is a link:

http://www.hooyou.com/familybased/exceptions.html

But be warned, while they may wave him on through like has happened before, they could stop his and ask him question, look though his luggage and phone, etc. If they find out he is coming to visit a U.S. Citizen fiancée, one of three things will most likely happen:

a) They will allow him to withdraw his request to enter the U.S. and he can go home, no penalty.

b) They will not allow him to withdraw his request to enter the U.S. and will order him excluded. This has a 5 year penalty that he cannot come back unless he gets a very hard to get waiver.

c) They will not allow him to withdraw his request to enter the U.S. and they catch him in a lie and they exclude him with a permanent bar due to fraud and/or misrepresentation and with that charge he cannot come back unless he gets a very hard to get waiver.

So he has to be careful. If he risks it, then after you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

In about 3 to 5 months after filing, he should get a work permit and Advance Parole. About 5 to 7 months after filing you should get an interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later he should get a Residency status (green card).

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 10 months ago.
you are saying really the only way to do it properly , is with the fiancée visa , which we will need to be apart for at least 6 months.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Yes. Probably closer to 9 months. You can visit him, of course, but he cannot visit you. I am truly sorry. I wish I had better news for you.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Customer: replied 10 months ago.
That's really just the same information I read on the Internet.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Really? That's your reason for not wanting to rate me positively? I'm not a mind reader and I don't know everything that you know and have read. Also, I'm sure pretty much everything that I write out to any customer is usually found on the internet. That's not the point. The point is that I am a licensed attorney with over a decade of experience in these types of cases and I can sort out what is fact and what is not. That's a very unfair comment on your part. I sincerely ***** ***** all of the information I provided you already saw on the internet. You are blaming me for the limited options that are available and that's also not fair. Your anger and frustration should be aimed at the U.S. Congress that makes the law. If you are looking for a magic solution, there isn't one. He either has to risk entry on a non-immigrant visa, hope that they let him through, then marry and do an Adjustment of Status. If not, he has to bite the bullet and wait outside like everyone else does. Your situation is about the second most common situation we get on this website. I usually answer this type of question 2 or 3 times per day for the last 6 or 7 years on this website. So much so that I have a statement that I regularly copy and paste because I got tired of writing it over and over again:

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

So please be fair. It's not my fault we have a broken system of immigration law in this country. This is just one of the many reasons why people need to push their U.S. Congressmen for reform. If you are upset (and you should be), start writing letters to your THREE U.S. Congressmen. As far as our interaction, I think I have provided you with lots of information and some options, though one is risky. You should appreciate that information and that I am trying to keep him out of trouble. I could have glossed over things but the risk would have still been there. I have been thorough and honest with you. Please let me know if you have any additional questions and I will be very happy to respond, but please don't make me pay for our broken system of immigration laws. If you don't have any additional questions, please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. I thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Amy. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!