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Filed: Country: United Kingdom
Timeline
Posted

hey everyone very new to all this!

well here i go to cut a long story short, i met my boyfriend on the internet he is in the US army and is now non active for deployment and works at his local base, i have been out to see him just the other week after waiting far too long to met each other i changed my ticket twice as we weren't ready for me to leave just yet.

well basically i'm going back fingers crossed on the 3rd dec the ticket will be for 3 weeks but i know i have up to 90days to be there!

we want to go get married when i get over afer xmas and was wondering once this is done (i don't need to work as he earn $42+ a year and has his own house, if i can just stay out there once married in Las Vegas or at a small chapel or reg. office??? :unsure:

well any help will be great we have known each other a while this isn't marriage for any other reason than love :wub::wub::wub:

Filed: Timeline
Posted

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

Man is made by his belief. As he believes, so he is.

Filed: Timeline
Posted
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Timeline
Posted
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

Well I did say "marry and stay" :innocent:

We've had this conversation before :lol:

Man is made by his belief. As he believes, so he is.

Filed: Timeline
Posted
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

Well I did say "marry and stay" :innocent:

We've had this conversation before :lol:

Have we? :) But, to address your post, the "marry" doesn't really play a role at all, when you boil it all down. Entering on VWP with an intent to stay, married or otherwise, is the illegal issue.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Country: United Kingdom
Timeline
Posted
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

Posted
hey everyone very new to all this!

well here i go to cut a long story short, i met my boyfriend on the internet he is in the US army and is now non active for deployment and works at his local base, i have been out to see him just the other week after waiting far too long to met each other i changed my ticket twice as we weren't ready for me to leave just yet.

well basically i'm going back fingers crossed on the 3rd dec the ticket will be for 3 weeks but i know i have up to 90days to be there!

we want to go get married when i get over afer xmas and was wondering once this is done (i don't need to work as he earn $42+ a year and has his own house, if i can just stay out there once married in Las Vegas or at a small chapel or reg. office??? :unsure:

well any help will be great we have known each other a while this isn't marriage for any other reason than love :wub::wub::wub:

You have several options but entering on a tourist visa (VWP) with the intent to stay is not a good one. Entering with the intent to marry AND remain (to adjust status to a permanent resident) can result in some serious ramifications - including removal proceedings and up to a lifetime ban from entering the US again. (Not something most folks are willing to risk.)

As stated - you are free to come to the US and marry - people often do this (especially in Vegas). If you check the Guides (above) you'll see a section called "What Visa Do We Need" - inside that link are some pretty good descriptions of each type of visa (and some of the differences between them). If you don't marry (while you're here next time) your path would/could be a K1 Fiancé Visa. If you do get married when you're here - and return to your home country - your path would/could be a K3 Visa (for example). :thumbs:

Filed: Timeline
Posted

To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Country: Germany
Timeline
Posted

Yes people have done it, but no one here is going to recommend it to you. You've already indicated an intent to stay after entering on VWP. Better to come here and get married and then return to your country and file a K3. Or file a K1 and wait for the visa. Maybe I'm just leery of doing anything that might result in removal or ban....

____________________________________

Done with USCIS until 12/28/2020!

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

Filed: Country: United Kingdom
Timeline
Posted
To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

hi,

there is no deffo on the marriage just finding out information and if i did i would come back to the uk as have to run part of the family buisness when i return but asides from coming in on the VWP and getting married (if it did happen we don't know what is going to happen just keeping our options open!) if we did get married what is the process then i as got so confussed reading bout the k3 and the CR _ _ _ _ (can't remember the numbers) which is best?? i don't need to work as like i said he earns 42k+ a year and is willing to help me out if i can't work when i get there (if we marry!) how long are the processes if we marry when i'm there?

which visa is best?

can he sponsor me when married to go live with him if so how long is that process?

i'm not wanting to break the law a i love my man and love the USA and sick of people doing it in the UK all the time i have more respect for the country and the people to be there unlawfully i've just got so confussed as some sites say you can marry in Las Vegas and stay in the USA even if you come over on the VWP and file paper work while the person on VWP stays in the US?????

sorry i have gotten so confussed lol!

Filed: Timeline
Posted

Are you young, by the way?

To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

hi,

there is no deffo on the marriage just finding out information and if i did i would come back to the uk as have to run part of the family buisness when i return but asides from coming in on the VWP and getting married (if it did happen we don't know what is going to happen just keeping our options open!) if we did get married what is the process then i as got so confussed reading bout the k3 and the CR _ _ _ _ (can't remember the numbers) which is best?? i don't need to work as like i said he earns 42k+ a year and is willing to help me out if i can't work when i get there (if we marry!) how long are the processes if we marry when i'm there?

which visa is best?

can he sponsor me when married to go live with him if so how long is that process?

i'm not wanting to break the law a i love my man and love the USA and sick of people doing it in the UK all the time i have more respect for the country and the people to be there unlawfully i've just got so confussed as some sites say you can marry in Las Vegas and stay in the USA even if you come over on the VWP and file paper work while the person on VWP stays in the US?????

sorry i have gotten so confussed lol!

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Posted
Yes people have done it, but no one here is going to recommend it to you. You've already indicated an intent to stay after entering on VWP. Better to come here and get married and then return to your country and file a K3. Or file a K1 and wait for the visa. Maybe I'm just leery of doing anything that might result in removal or ban....

I agree. My Fiance and I had that option, but chose to be slightly more patient and go the K1 route. It gave us time to plan, and think very clearly about what we were doing. I don't know how long you have been dating, but I'm thinking, that if it's forever for you two, then what's the harm in waiting? If you are on time with all your papers, you guys could have all this taken care of in 7 months.

I say, be patient, and do things the right and legal way. I would hate to hear that you risked it, and the outcome was not a good one.

 
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