Hello,

Just a quick one - anyone know if this sounds accurate - a UK citizen can travel to the US on the tourist visa waiver program, get married to a US citizen and stay in the US while applying for a K3 Visa?

I've checked the guides but they don't seem to explicitly cover this (or I'm reading them wrong!).

Many thanks

The person traveling to the US may not remain in the US. The VWP allows a 90-day stay. After that, they must return and wait for the K3 to be granted.

Be very careful.... if the CO even senses and intent to immigrate and there is no proof of return or ties to the UK, entry to the US will be denied.

Jen

So there's no way to go over to the US, marry and stay?

Thanks

yes, you can apply for the K-1, or fiance visa. Then once you have that, you can come to the US, get married, and then adjust your status so you can stay.

esteban,

There is. Several ways.

Discuss your situation with a US immigration attorney to see what applies to you and how.

Yodrak

Thanks for all the advice.

We have been advised by an attorney but still aren't 100% clear! I guess, as in all things, the actual process is often slightly different to the ones listed officially.

K1 isn't an option so I suspect it will be a case of flying over, marrying and filing, staying for a couple of months on the visa waiver program, then flying back to the UK and waiting out the K3 approval to return. Anyone have any rough idea how long it takes (from filing the initial paperwork as soon as you get married)?

You can check the timelines here... but don't put too much stock in them as IMBRA has changed processing times. There's a significant backlog now. I would estimate 12-18 months....

Jen

esteban,

The K3 visa is not your only option. The attorney you spoke with should have told you that. (Or you should have paid more attention.)

Yodrak

Esteban

You can come over and get married and stay, then file for adjustment of staus, however as others have already stated, you have to be able to prove the intent was not to get married on the basis of immigrating. Sounds confusing I know as that would be the plan to wait out the visa. You would have to prove strong ties to your country and you would not be able to leave the US after your VW expires, until your case is complete else you will not be admitted re-entry. Not a pro at this, but this is they way it was explained to me. Good luck.

Sherry

As he has already indicated his intent to immigrate, this advice is in violation of the Terms of Service of this web site.

Jen

I think applying for the visas indictes that everyone has an intention to immigrate, however I am not in any was suggesting he do it that route. However I was merely trying to point out the reprecussions of what he would be getting into if thats the route he takes. I myslef dont agree thats the way to do things, as it is a bit unfair for those uf us who have waited this process out.

Sherry

Applying for a tourist visa does not indicate an intention to immigrate--in fact, it is supposed to indicate that you absolutely plan to not immigrate. The way you worded your post was not to simply point out reqercussions, it suggested it as an alternative.

I was under the impression that when you apply for the K-3 petition or K-1 it was to come to the states to get married, and eventually to adjust status, also considered immigrating, I wasnt talking about just coming for a holiday. I wasnt aware that K-1 and K-3 visas were considered tourist visas. As for my typing and wording , I have said before, that its not perfect, so appologies for that. But i wasnt suggesting it as an alternative.