Orlando, FL asked in Immigration Law for Florida

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 .

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1 Lawyer Answer

Deron Edward Smallcomb

  • Immigration Law Lawyer
  • San Diego, CA

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

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