Jump to content
SW23

Marrying on ESTA/VWP but not remaining in the US

 Share

14 posts in this topic

Recommended Posts

Filed: Other Timeline

Hi guys,

Any advice or experience into my case will be greatly appreciated!

I am entering the U.S. on an ESTA with the intention of getting married and then returning to the UK where I intend to finish my undergraduate program.

If I am travelling on an ESTA, do I say I am getting married to the immigration officer? As I am not looking to remain in the US shortly after getting married, I do not think I should obtain a K-1/Fiance visa. According to my research online: "The intention of a travel visa is a temporary visit. If you want to get married during your visit then return home before your visa expires that's okay, but a travel visa should not be used with the intention of entering the United States to marry, stay permanently and adjust status."
So, if upon entry to the US, I tell the immigration officer that I intend to get married, I understand that this will raise red flags. Will this effect my ability to enter the US or future entries into the US? Will this be considered Visa Fraud?
Upon entry, when asked the purpose of my visit should I answer: "Marrying my American Fiance then filing for a CR-1 visa application before I am due to graduate my program in the UK”
However, I plan on bringing these documents to attempt to prove that I have no intentions of remaining on the ESTA/VWP
My university dates
Proof of residence in the UK - payments, contract, etc.
Scholarship letter - I am on a scholarship for my undergraduate program in the UK, surely this should be proof that I would not want to remain and jeopardise this right?
Return ticket
Visa documents - Visa documents in the UK and visa 'checkpoints' I have attended in the past.
Documents of dates and duration of previous stays in the US - I have visited a few times before and never exceeded the ESTA stay duration
Is there anything else I should bring that will strengthen my case? I have gone through secondary inspection twice, and the last time I was told I was raising red flags due to my frequent visits. I was informed that next time I should bring these relevant documents to support my case but that had it been another immigration officer I could have been denied entry.
My fiancé and I have an honest relationship and fell madly in love very quickly. We have been together for a year plus. Another concern of mine is that I am afraid our case does not seem bona fide as I am all the way from South East Asia, He is from the US. We met online and met in real life 4 months after communicating online and falling in love. Fast forward a year and we are ready to tie the knot- and my parents for old fashioned and religious reasons want us to get married. We have proof of flight tickets from the both of us flying back and forth to see each other and we communicate on a daily basis, skyping for hours on end every single day. He is 37 and I am 19. This I feel could have someone look at our case with strong skepticism.
I would appreciate your advice and help into my case as it is disheartening to fly to the US with the pure intention of wanting to see, spend time or even just touch my fiancé after days of just hugging my laptop whilst he is on Skype, and very possibly being denied entry.
Edited by SW23
Link to comment
Share on other sites

Absolutely no problem at all. I did exactly the same thing. Flew to the USA on Tuesday on VWP, got married on Saturday, came home on Tuesday. Back to work on Thursday.

Always be honest with the CBP officer but never offer more information than you are asked. Don't volunteer the information that you are getting married unless specifically asked the purpose of your visit. If they ask how long you are staying, reply "x days". Nothing more. Don't go into stories about where and when and why. Keep it simple. But keep it factual.

Upon entry if you are asked the purpose of your visit you say "to get married." Don't mention anything about filing, etc. If he asks further details about your fiancé, keep it factual. It's not illegal to have an American boyfriend or husband. It's not illegal to get married on the VWP.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

If asked just be honest with the officer. You have good intentions so it is unlikely to be a problem. I wouldn't just walk right up to th eofficer and just randomly spewing out wedding details. But if he ask directly for your intentions you can explain just like you did here. Your degree is important to you so you can show how you want to reeturn to finish it and not jeapardize your education.

Good luck.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Link to comment
Share on other sites

Filed: Other Timeline

Absolutely no problem at all. I did exactly the same thing. Flew to the USA on Tuesday on VWP, got married on Saturday, came home on Tuesday. Back to work on Thursday.

Always be honest with the CBP officer but never offer more information than you are asked. Don't volunteer the information that you are getting married unless specifically asked the purpose of your visit. If they ask how long you are staying, reply "x days". Nothing more. Don't go into stories about where and when and why. Keep it simple. But keep it factual.

Upon entry if you are asked the purpose of your visit you say "to get married." Don't mention anything about filing, etc. If he asks further details about your fiancé, keep it factual. It's not illegal to have an American boyfriend or husband. It's not illegal to get married on the VWP.

Hi! I appreciate your feedback! Upon entry were you asked the intent of your visit, and did you answer "to get married"? Furthermore, did this bring you to secondary inspection? I really appreciate your help.

Link to comment
Share on other sites

Hi! I appreciate your feedback! Upon entry were you asked the intent of your visit, and did you answer "to get married"? Furthermore, did this bring you to secondary inspection? I really appreciate your help.

Interestingly on that particular occasion I wasn't asked my intention. I was asked what my final destination was and how long I was planning to stay. I was also asked what type of work I do and how long I have worked for the company. I gave one-word or two-word answers.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Also no secondary inspection. Only been in secondary once at the very start of our relationship. I now have a very good travel history so that helps (around 60 or more entries combined with work and trips to see my husband).

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Other Timeline

Also no secondary inspection. Only been in secondary once at the very start of our relationship. I now have a very good travel history so that helps (around 60 or more entries combined with work and trips to see my husband).

Oh! That's great, hope to bypass the secondary inspections some day. How often did you travel to the US and how spaced apart were your visits? Is every two-three months for a month and a bit fine? Also, I most likely will be asked the purpose of my visit so would it be fine to say "Getting married then leaving [and filing for a CR-1]" (Not sure about the last bit as you said not to mention anything about filing)

Link to comment
Share on other sites

Oh! That's great, hope to bypass the secondary inspections some day. How often did you travel to the US and how spaced apart were your visits? Is every two-three months for a month and a bit fine? Also, I most likely will be asked the purpose of my visit so would it be fine to say "Getting married then leaving [and filing for a CR-1]" (Not sure about the last bit as you said not to mention anything about filing)

Definitely just say "getting married then going home".

Visits - different things work for different people. I work for an airline so I have been able to go every 6 to 8 weeks for about a week at a time. Frequent short visits work better for us than a very long visit once a year. I do overtime when I can and instead of being paid for the overtime I take extra annual leave.

If you are going for more than a month several times a year that will look suspicious. Although you are a student so a long visit in the summer shouldn't be a problem. You need to convince the CBP that your priority is your studies, not your boyfriend. Difficult...

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Timeline

Oh! That's great, hope to bypass the secondary inspections some day. How often did you travel to the US and how spaced apart were your visits? Is every two-three months for a month and a bit fine? Also, I most likely will be asked the purpose of my visit so would it be fine to say "Getting married then leaving [and filing for a CR-1]" (Not sure about the last bit as you said not to mention anything about filing)

No.

Purpose of visit is always either business or pleasure. If they want more information they will ask.

If they then ask who are you staying with? Your fiance. If they were to then ask are you planning on getting married while here? Then you say yes, and returning home afterwards. Otherwise no need to volunteer any extra information.

Link to comment
Share on other sites

Definitely don't worry about saying that you're getting married. I travelled to the US on my ESTA to get married. But I think it helped because both my Hubby and I were living abroad at that time. He had a job overseas so we clearly weren't staying. I think as long as you are honest you're fine. A little proof that you aren't planning on staying helps too.

In terms of how many visits. I've been quite a bit over the last couple of years, but I only got pulled into Secondary once. And it was because I'd been there for 3 months, then away for 2 and back for another 6 weeks. They thought it seemed a bit much. I just pointed out that I was a writer, and so I earn royalties all the time, so I can afford to take long vacations when I want to. They questioned me a bit, but honestly they legally had no reason not to allow me entry (I had proof of living in the UK, a return ticket etc). so despite blustering a bit the guy eventually let me in.

Link to comment
Share on other sites

We did the same thing. My husband came over from the UK on his ESTA for us to get married. He was only asked how long he was staying. He told him and that was it. He didn't even mention that he was here to get married since they asked nothing else, but he would have said that if they asked. He has been here many times over the last few years, so it didn't look out of the ordinary I'm sure.

He came in March 23 and we were married on April 5 and he left on April 12. We haven't gotten to be together since. Don't know what we'd do without skype....lol.

Hoping for an approval next month!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Canada
Timeline

yea you are fine! you have a job back home so if they ask, be truthful and you have nothing to hide.

also you are bringing your life with you. Enjoy your wedding:)

Link to comment
Share on other sites

FYI - My husband did the same thing, visited on ESTA, we got married within 12 hours of his arrival and his butt went back home. :( Anyway, as folks have suggested keep is simple and factual. Now the real question is you guys have discussed marriage etc. but is she your official fiance, or girlfriend?

My husband at the time stated visiting girlfriend as he did on previous visit, no problem. For his third visit (as my husband), he said visiting wife. No problem there again either. He was never asked about staying and etc. Had job back at home.

Wife US Citizen/Husband UK Citizen


2mpdjqe.jpg

Link to comment
Share on other sites

  • 1 year later...

Hi Guys. I am reading on all your posts and hoping to get some more feedback. I am doing long distance since soon 7 years. We got married in may with me beeing on ESTA visiting from Switzerland. Will it be easy to travel back now that I am already married? I have my company in Switzerland and also house, contracts etc. My travel history over the past 7 years had around 60 entries and I never had any issues. thank you Claudio

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...