Why do Spouses wait longer than Fiances?

[mattawara 19]

No it is not legal at all, I cannot enter the US under the VWP and tell the IO I am here to my marry my fiancé. Forget fiancé the min you say you have a significant other who is a US citizen they'll ask you more questions to find out what your intentions are.

Now however you can lie to the IO and use VWP and then get married but please don't say that's legal. If it was I think I-129F wouldn't exist.

If they let you in or not is all part of the normal VWP process - you need to convince them that you will leave within the 90 days. There is a lot that goes into that decision, but you are legally allowed to enter on the VWP and marry, but entering on the VWP is a privilege and not a right.

VWP - marry and then get the hell out.

I-129F - marry and then AOS.

Kinda getting tired of the misinformation in this thread.

[Shauneg 762]

THANK YOU. It is not FRAUD like some people are saying. Your intention was always to return home, just as mine was. I had NO intent to simply stay after the wedding.

I could have been more clear what I meant. I meant with intent to aos. I just don't know if in reality most people could come on a b1 or vwp if the agent knew they were going to get married.

[Soup Dragon 104]

No you can't!! UK has their own law's and it's not that easy, you have to register before you get married and when you're registering you need a proof of address and identification. + UK Border wont let anyone in intending to get married, here as well you have to apply for a fiancé visa

Yuna628 I agree

For the UK, there is also the 'marriage visitor visa' which my USC husband obtained before our wedding. It was approved in about four weeks, cost less than 100 GBP, multi entry and valid for six months. We got married in Scotland where there is no requirement to be resident prior to a marriage which is why we got married there. Easy. Only good if you don't intend to stay after the wedding though but it wasn't a difficult process at all.

[ZA_35 48]

I could have been more clear what I meant. I meant with intent to aos. I just don't know if in reality most people could come on a b1 or vwp if the agent knew they were going to get married.

Yes, it's a case by case basis. NOTHING in this whole VISA process is a guarantee. Intention to get married and intention to immigrate are TWO entirely different issues. Otherwise the I-130 would not exist at all.

[mallafri76 1,012]

No it is not legal at all, I cannot enter the US under the VWP and tell the IO I am here to my marry my fiancé. Forget fiancé the min you say you have a significant other who is a US citizen they'll ask you more questions to find out what your intentions are.

Now however you can lie to the IO and use VWP and then get married but please don't say that's legal. If it was I think I-129F wouldn't exist.

Please don't post important information like that if you don't know it. Other people will read this and think they can't marry under the VWP, when in fact they can. You can conduct business and enter into contracts under the VWP, as long as you don't work and you leave within 90 days. Regardless of what one thinks of marriage, it is a business transaction, a contract, signed between two people.

Thousands of people enter the US every year under the VWP and get married, me included. It is legal! I even checked with CBP and the US state department before flying to the US to get married under the VWP. When I enter the US and the IO asked my purpose I said I was marrying my American fiancé and leaving again after two weeks. The IO said congratulations and I was on my way.

I have been flying to the US four times a year for the past four years to visit my boyfriend, who became my fiancé, who became my husband during that time and have never had any issues. The basis of the VWP is that your intent is to visit and leave within 90 days, with the I-129f, you get to stay after the wedding.

Edited March 18, 2015 by mallafri76

[Pavel3002 13]

it is really hard to be apart for a year. They should make I-129F and I-130 Process take same time. Right now 129F people get here fast and do AOS, why don't U.S. do same for I-130? Spouse enters US and then AOS instead of waiting waiting and waiting. It would be more fair I think.

[elmcitymaven 9,711]

Please don't post important information like that if you don't know it. Other people will read this and think they can't marry under the VWP, when in fact they can. You can conduct business and enter into contracts under the VWP, as long as you don't work and you leave within 90 days. Regardless of what one thinks of marriage, it is a business transaction, a contract, signed between two people.

Thousands of people enter the US every year under the VWP and get married, me included. It is legal! I even checked with CBP and the US state department before flying to the US to get married under the VWP. When I enter the US and the IO asked my purpose I said I was marrying my American fiancé and leaving again after two weeks. The IO said congratulations and I was on my way.

I have been flying to the US four times a year for the past four years to visit my boyfriend, who became my fiancé, who became my husband during that time and have never had any issues. The basis of the VWP is that your intent is to visit and leave within 90 days, with the I-129f, you get to stay after the wedding.

Another one who did the enter on VWP and go home. We were both living together in the UK, and only went to the States to celebrate the wedding with family and friends. (Also the process is a LOT easier than in England and Wales -- we just rocked up to City Hall, got a marriage licence, and got a justice of the peace to marry us the same day. No notices or reading of the banns.) Since both of us had jobs in and shared a flat together in London, and pretty much had no life in America, this wasn't a problem. I think we were over for 10 days, came home, and filed the I-130 about 3 weeks later.

[ZA_35 48]

it is really hard to be apart for a year. They should make I-129F and I-130 Process take same time. Right now 129F people get here fast and do AOS, why don't U.S. do same for I-130? Spouse enters US and then AOS instead of waiting waiting and waiting. It would be more fair I think.

I agree. At the moment, the K-1 seems to take half the time, which means half the time apart. Yes they AOS but they do that with their spouse. IMHO a married person should have more rights than a fiance and should take precedence when it comes to processing.

[usmsbow 795]

I agree. At the moment, the K-1 seems to take half the time, which means half the time apart. Yes they AOS but they do that with their spouse. IMHO a married person should have more rights than a fiance and should take precedence when it comes to processing.

Well you're lucky you were able to get a B1/B2 visa and do what you did. As a few others have stated, many significant others cannot get a tourist visa to the USA and follow your process. For some of us, getting married in our fiance(e)'s country would also be a bureaucratic nightmare. Why go through that pain twice (once with fiance(e)'s home country, another with USCS/NVC)? No thanks!

Point being you're being a little self-centered here IMO. I understand your logic, but you are also making huge assumptions about us K-1 applicants and our situations.

Edited March 18, 2015 by usmsbow

[Pavel3002 13]

Yeah, very difficult process. I don't wish this on anyone . My wife and I are coming to the end of I-130 journey. It is draining emotionally and financially. Only one who waited year or more can understand what pain it is. The first three months were really a nightmare. I wanted to find job overseas and leave US just to be with her, but couldn't find any work abroad.

[ZA_35 48]

Well you're lucky you were able to get a B1/B2 visa and do what you did.

As a few others have stated, many significant others cannot get a tourist visa to the USA and follow your process. For some of us, getting married in our fiance(e)'s country would also be a bureaucratic nightmare. Why go through that pain twice (once with fiance(e)'s home country, another with USCS/NVC)? No thanks!

Point being you're being a little self-centered here IMO. I understand your logic, but you are also making huge assumptions about us K-1 applicants and our situations.

Many people here were making incredibly FALSE statements about not being allowed to get married and so on. Some correction was needed. Especially those on the VWP who made sweeping statements that the K-1 is the only alternative. In their instance - That is a blatant untruth and luckily some people have come here to correct that.

I'm self interested, not self centred. Yes, I want my peitition to take the same amount of time, why shouldn't I?

Edited March 18, 2015 by ZA_35

[ascertainLovE 165]

On the other hand, those that have a CR-1 don't have to wait 5-9 months for their greencard upon arrival.

[usmsbow 795]

I'm self interested, not self centred. Yes, I want my peitition to take the same amount of time, why shouldn't I?

LOL. I don't blame you for being self-interested. I described you as self-centered because you initially assumed that anyone who could get a K-1 visa could get a tourist visa (false), and seemed to imply that a married couple was more attached than an engaged one. I'm just saying there are many different situations for both types of couples.

And in your remark that I replied to, you were saying that married couples should get precedence (ie priority), and therefore should be quicker (versus the same amount of time).

[Codeblue009 3]

If you have trouble getting a B1/B2, then you certainly won't get a K-1 Visa.

Are you telling me a USC cannot marry a UK citizen in the UK or anywhere else?

Point of clarification, getting a K 1 visa is different from getting a tourist visa (B1/B2). To get a tourist visa for many non visa wavering countries is a difficult process and there are many rejections, but a K1 is much more attainable when a US Citizen or permanent resident is apply for that individual. I had relationships with two women who could not get a B1/B2 but were able to get an approved K1 in 5 months.

[Cathi 5,609]

the process fluctuates. When I petitioned my husband in 2012 from our NOA1 to interview was 6 months, and that was was with a delay of an extra month at NVC because they couldn't get their act together, it would have been 5 months. It was a spouse visa

Edited March 18, 2015 by mimolicious