Q: US citizen marrying foreign national on visa waiver and then him departing the UK TO apply for greencard weeks after?
From what I have researched, marrying a US citizen on the visa waiver program is acceptable as long as there is not a request in adjustment in status WHILE STILL on US soil and with premeditated intent to stay. This is where I believe the visa fraud is commited? However . What if he cane to US , we married and he left to go back to Britain a few days after the wedding , waited 60-90 days and then applied for a greencard to join me in America.Would this be acceptable and not seen as visa fraud or adjustment in status ? Seems to me where problems are encountered is when there is marriage on VWP and adjustment in status while still in the US but not if he leaves .
A: I believe I answered this question previously, however anytime someone enters as a non-immigrant with immigrant intent, it is considered visa fraud. Typically after 90 days the presumption is lifted, however the visa waiver program is only 90 days, requiring him to overstay. You would be much better suited by getting married and then applying for a marriage visa / Green Card rather than attempting to adjust status. Alternatively, you can apply for the fiance visa which takes a little less time than a marriage visa, and also mitigates your risk.
As with any situation like this, you should contact an experienced immigration attorney. Best of luck!
Ms Grace I Gardiner agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.