I will try to keep this as simple as possible, if only so I can keep track of what I'm writing.

I am a UK citizen who is currently married to another UK citizen. At this point in time we are going through a divorce and have been seperated since April 2005. To this date, the only paperwork I have seen for the divorce has been the initial petition. nothing else has arrived as of yet.

Roughly 2 months ago I started speaking to a US citizen, and over the course of these last 7 weeks we have fallen very much in love. Despite not having met each other in real life yet, we have spent many hours online together using chat programs to type to and speak to each other on a daily basis. We are now at a stage in our relationship where we both want to get married as soon as we can after my divorce comes through.

I had planned on a trip to see this woman in September for about a week, with the likelyhood that one of us would move country to be with the other at some point in the future. Recent events have given me the opportunity to bring this planned trip forward to the end of March, and also to make this a 1 way trip as I would be wanting to reside with her on a permanent basis.

That's pretty much all the info as it stands right now. My questions are:

Would it be possible to arrive in the U.S. with the knowledge that I would be planning on staying, and at the first opportunity, getting married once I was divorced?
Would we be able to fill in any required paperwork to apply for residence upon my arrival, or would we have to sort out all the paperwork side of things first before I would be allowed to enter the U.S.?

Regards,
Brian Taylor

If you travel as a visitor with the preconceived intent to marry and then apply for a green card, the USCIS can deny your green card application for having committed fraud (i.e., traveling as a visitor when you planned all along to marry and apply for a green card). In your case, it would be better to apply for a K-1 fiancé visa.

I would advise you to speak to an immigration attorney to more fully discuss your case and options. If you’d like to arrange for a telephone consultation with me, please contact me again by e-mail (E.Weiner@immigration-aux-usa.com) or by phone at + 1 617 889 0215. The fee for a consultation is $85.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/