K Visa tourist wanting to marry American citizen

[Daena]

hi..
First of all, I know this is not exactly a new topic and yes, I have read most - if not all - of the threads about marrying an American as a tourist, and the other possibilities to get married to an American. However, there are still some things that are not very clear to me - sometimes a person just needs to be sure, so problems can be avoided! -:
I am going to the United States soon under the Visa Waiver Program to visit my boyfriend and some friends I've met there during past visits. The problem is that I just came back from the United States (also VWP) after a stay of 86 days and plan to stay for maximum 90 days again.
My first question is: will there be problems obtaining entry into the United States since I visited the US twice with only 1 month between visits? I read here on the forum that the maximum stay as a tourist is 6 months.. is that per year or in total (in which case that would not be very long)? Even the US embassy here cannot answer that question!!
Secondly, my boyfriend and I want to get married and are currently looking into all the possibilities in order to decide what is best for our situation. I know that you can get married as a tourist (with the I-94 form), but how long should you wait before getting married? I think I read somewhere that you have to wait 2 months, is that correct? And most importantly, if we get married, then immediately apply for the adjustment of status and the green card - still within the legal 90 day period - do I have to leave the US again after the 90 days even though we are legally married? If so, for how long?
Thirdly, I understand that the husband has to provide an "affidavit of support", however, he is currently unemployed. What sort of problems will this give us? I have some savings and a college degree but I doubt that will be acceptable. What can we do to solve this?

We would be very grateful to receive any advice!! Thank you very much for any time and energy you may devote to helping us with our dilemma!

Sorry for my English, hope you understand everything I wrote.

All the best,

Daena

 

[R_J_Hansson]

Your English

I do not know immigration law, etc but I do know how to write. You write, easily, as well as most graduate & postgraduate degree holders in this country. NO APOLOGY is necessary!!

 

[Daena]

Thanks R J Hansson

Thank you for your nice comment, I appreciate it!

 

[Daena]

NYClex please help

NYClex,
I have seen that you are definately the expert here!! So I would really appreciate your help. Could you please take a look at my questions? Especially the one about the "affidavit of support". I have done some research myself, however, the legal texts on this issue are just confusing me.
Hope to hear from you soon!

All the best,
Daena

P.S.: Anyone else who can help me out with that is more than welcome to do so as well of course!

 

[NYClex]

Please understand that I cannot give specific legal advice here on an internet forum.

The question "how often" can I use a I-94W maximum of 90 days in what period of time is one of the most frequently asked and seldom answered questions: there is no firm rule.

The law says a tourist has to be a tourist. Once a border officer has reason to assume that a tourist is not a tourist but rather seems to be spending the majority of her time in the United States he has to deny entry. One clue for an officer is if the "tourist" spends more time here than in her home country. Therefore people, who spend almost all the 90 days under I-94W in the US, then only a few days in their home country, and then again 3 months here soon will raise suspicions. I know cases where it worked for a year or more, others have been "caught" at the airport already after they did this for about 6 months. Again, there is no firm rule. There is no set number of days or number of entries which trigger an officer's suspicions. A businessman can travel 100 times to the US in an year, if he can show a legitimate reason for doing so, he won't have problems. A "camera toting tourist" doing so would definitely be questioned.

There is a rule of thumb that within any period of 12 months a "tourist" should not be in the country longer than 6 months, but this is only a rule of thumb. If you have good reasons, it won't be a problem. Visiting my boyfriend however usually is not a good reason.

There also are some rumors about the requirements of marriage under an I-94W. It does not really matter when to do it. It is very important however to apply for the adjustment of status within the period of legal stay. Once you are "out of status" you cannot "adjust" the status.

The affidavit of support is an important document and is being taken very seriously by the USCIS. Have a look here for more information how to prove sufficient income: http://uscis.gov/graphics/howdoi/affsupp.htm

 

[Daena]

Thank you very much for this information. Keep up the great work you are doing, helping so many people!

 

[NYClex]

You are welcome