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Foreign and US Citizen Getting Married in the US, but not living there

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Filed: Timeline

Next year, I was planning on getting married to my foreign fiancee who is currently living in her native country (Japan), while I am currently living in the US as a US citizen. The plan is that she can come here to the US so we can get married, and then she can go back to her home country where I will join her after securing visas for me to live in her country.

So, my question is, if my foreign fiancee wants to travel to the US for a short time, get married, and then return to her own country, what is the best way to ensure her ease of entry into the US? I've read that in the situation where a foreign citizen does not want to immigrate to the US, but only wishes to marry there, that they do not require a K-1 fiancee visa and that a B-2 visa or Visa Wavier status are acceptable. However, I have also read that the foreign fiancee must provide documentation proving that they do not intend to stay in the US. It is on this point that I am unclear. What constitutes sufficient support documentation? Is it safer to just apply for a K-1 fiancee visa rather than risk being stopped while traveling to the US using a B2 visa or visa wavier, even if the foreign fiancee intends to return to her country a week or two after the wedding?

It also seems like it is possible for her to travel here as a tourist and simply not mention she is planning to get married to the customs people, but this seems very risky.

Oh and one more thing, will customs get suspicious if an american spouse and foreign spouse (with a Visa Wavier status) travel together to simply visit the US for a short while (less than 3 months)? Is it possible they will suspect the couple of trying to stay illegal in the US and deny the foreign spouse entry?

Thanks for your help!

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All she needs is a tourist visa to get here, K-1 or whatever doesn't apply seeing you are going to live in Japan.

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Filed: Citizen (apr) Country: Canada
Timeline

She'll want to show ties to her home country, like a mortgage or lease, enrollment in a school, utility bills, employment letter with an 'expected back' date, something along those lines would help show the border patrol that she does not intend to stay in the US.

Good luck, congrats on your upcoming wedding

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Filed: Other Timeline

I would suggest a B2 for your fiancee. It's perfectly legal to get married with it, and as long as she has a job waiting in Japan, I don't see any problems at all.

Also (Sarah Palin) . . . keep in mind that Japan is one of the 3 wealthiest countries in the world, and applicants from Japan are less likely to be suspected of trying to immigrate illegally than somebody from a poor country.

I don't see any problems at all.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

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Filed: AOS (apr) Country: Philippines
Timeline
Next year, I was planning on getting married to my foreign fiancee who is currently living in her native country (Japan), while I am currently living in the US as a US citizen. The plan is that she can come here to the US so we can get married, and then she can go back to her home country where I will join her after securing visas for me to live in her country.

So, my question is, if my foreign fiancee wants to travel to the US for a short time, get married, and then return to her own country, what is the best way to ensure her ease of entry into the US? I've read that in the situation where a foreign citizen does not want to immigrate to the US, but only wishes to marry there, that they do not require a K-1 fiancee visa and that a B-2 visa or Visa Wavier status are acceptable. However, I have also read that the foreign fiancee must provide documentation proving that they do not intend to stay in the US. It is on this point that I am unclear. What constitutes sufficient support documentation? Is it safer to just apply for a K-1 fiancee visa rather than risk being stopped while traveling to the US using a B2 visa or visa wavier, even if the foreign fiancee intends to return to her country a week or two after the wedding?

It also seems like it is possible for her to travel here as a tourist and simply not mention she is planning to get married to the customs people, but this seems very risky.

Oh and one more thing, will customs get suspicious if an american spouse and foreign spouse (with a Visa Wavier status) travel together to simply visit the US for a short while (less than 3 months)? Is it possible they will suspect the couple of trying to stay illegal in the US and deny the foreign spouse entry?

Thanks for your help!

If you or your fiance have any document/s that would show that you are in the process of acquiring your residency in Japan, that would be strong proof as well.

12/29/2007 Got married in the Philippines
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Filed: Country: France
Timeline

I went to the US 2 years ago to marry my fiance, i had no visa at all.

About the customs, if they don't ask if she intends to get married, she doesn't have to tell. They did ask me, i had to show my return plane ticket along with the one for my husband (he was going back with me) and i think having his plane ticket showing he'll fly with me on the way back was helpful at this time ! It seemed to be a good proof of my intend to go back to France after the wedding (exactly 10 days after).

About travelling inside the US after the wedding, there should be no problem, she will only have to show her passport, with her maiden name.

This is my experience ..... it may be different though, depending on the airport and the customs officer. I believe they are less suspicious when one comes from a "rich country".

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Hi!

You might find this FAQ useful. It's targeted for people who are in the process of a K1 visa, but it has lists of things which can be useful for proving ties to her country, etc.

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

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December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

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March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Other Country: Afghanistan
Timeline
I would suggest a B2 for your fiancee. It's perfectly legal to get married with it, and as long as she has a job waiting in Japan, I don't see any problems at all.

Also (Sarah Palin) . . . keep in mind that Japan is one of the 3 wealthiest countries in the world, and applicants from Japan are less likely to be suspected of trying to immigrate illegally than somebody from a poor country.

I don't see any problems at all.

Waste of money for a VWP country unless your wanting to stay longer then 90 days.

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  • 4 weeks later...
Filed: Timeline

I have a similar situation - Is there any documentation on a government site that this is ok?

Me: US Citizen

Occupation: grad student

Location: Illinois

Fiancee: Chinese Citizen

Occupation: assistant professor

Location: Canada

Basically, we've been dating for years, she just got a job and left the country. After getting married and me finishing my degree - the intention is to live in canada for a few years. So, quite similar to the original poster, except using China instead of Japan.

I've never seen an official source say its fine to use a B-2 visa to be ok for a wedding, is there a source?

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I've never seen an official source say its fine to use a B-2 visa to be ok for a wedding, is there a source?

You don't need a visa to get married - a visa is needed to enter the US (citizens of some countries are not required to have a visa to enter the US at all; i.e., VWP countries, or Canadians and presumably legal residents of Canada but don't quote me on that) but there is no special 'marriage visa' required. If all the foreign citizen intends to do is get married (and not remain), they can use what ever legal method of entry is available to them.

When ever this comes up, I'm always reminded of Las Vegas for some reason - perhaps because people from all over the world go there every day to get married (some with Elvis no doubt). :thumbs:

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I would suggest a B2 for your fiancee. It's perfectly legal to get married with it, and as long as she has a job waiting in Japan, I don't see any problems at all.

Also (Sarah Palin) . . . keep in mind that Japan is one of the 3 wealthiest countries in the world, and applicants from Japan are less likely to be suspected of trying to immigrate illegally than somebody from a poor country.

I don't see any problems at all.

Waste of money for a VWP country unless your wanting to stay longer then 90 days.

I was going to say that too...just have her get the visa waiver and come over

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