QUESTION
What can happen if a US citizen became pregnant while boyfriend visited on ESTA?
Asked on Jan 01st, 2014 on Immigration - New York
More details to this question:
I am a born US citizen and my now fiance lives in Germany. We have not yet filed for the K-1 visa, which was our initial plan. I am now pregnant and I was wondering if there is any way to expedite him being able to stay here permanently. I know the k-1 can take 6-10 months, but if I am pregnant, I need him here sooner than that. Is there any way we can marry while he is on a visit here with the ESTA? And if not what is the best route to take? Thanks for any and all help.
2 ANSWERS
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Strictly speaking, no one can forbid you to marry your fiance right away and file an immigrant petition for him. The only wrinkle is that he will be required to prove that, when he entered the U.S., he did not intend to become an immigrant. I would recommend discussing your circumstances with an immigration attorney to get a fair evaluation of your chances to satisfy this requirement; if going ahead with adjustment of status on a marriage-based petition looks too risky, your attorney would suggest other options for enabling your fiance to be with you sooner when K-1 visa can be obtained.
Answered on Jan 06th, 2014 at 4:49 AM
Bruce A. Coane
Assuming he enters the USA on ESTA with non-immigrant intent and then you all later decide to marry while he's here, the law then allows you all to file papers and for him to stay. Come see me and I'd be happy to help you.
Answered on Jan 06th, 2014 at 4:49 AM