Getting married in the US on VWP?

[celticstar 2]

I need your input please people!

(This might be in the wrong board...I apologise if it is!)

Me and my fiancé have been discussing this option, not so that I can stay out there and then file for AOS, but so that we can start the I-130 process sooner than if we got married here in the UK and get the CR1 visa process moving....

What we've talked about so far is (simplified version) :

I go out to the states on the VWP, about a month into my visit, we get married, we file for the I-130 straight away, I get to the end of my 90 days and I come home whilst the I-130 is being processed (it's absolutely NOT our intention for me to do the illegal shortcut to being out there, we want to do this properly and legally)

Are there any reasons why we shouldn't do this? We just want to be together properly as soon as possible but without breaking any laws, we're both struggling emotionally with the distance between us, not to the point of wanting to give up but to the point of making us more determined to be together as we should be.

It's the simple things like not being able to reach out and hold his hand or to hold each other that we miss the most.

So, what I'm looking for is some input from you guys and girls as to any reasons why we shouldn't do it the way I've asked?

I know there's the "fiancée" visa but it just takes too long from what we can see (massive respect to those of you who are doing it this way, you're all a lot stronger me and Darryl!)

This really isn't a post to cause offence to anyone and if it does then I'll ask for it to be removed, it's purely a question that we need answered!

[nane1104 146]

Ok, here my two cents:

For a little while my husband and I were thinking about doing exactly what you are planning or thinking about to do. We decided to go the K-1 route because

a) we didn't want to get married and then not be able to live together until the visa is granted

b) K-1 sounded easy and fast and it turned out to be both! (See my timeline) (I could have went to the US earlier than August as you see but we already had that date planned, not knowing I'd have my visa over a month earlier)

The only disadvantage I didn't think of at the time was the fact that I had to do AOS later on but then I didn't care because at least we were together already.

If you live in a western european country, have no circumstances that would make the process very complicated, I personally would suggest K-1 for you. You could do the whole process within +/- 6-8 months, get married and live happily ever after;-)

To answer your questions though about getting married on the VWP- I don't see anything wrong with doing this. People are getting married in the US all the time. As long as you don't enter the US on the VWP with the intend to stay (and then do AOS), I don't see anything wrong with going that route. I just don't see why that would be the faster way!?

Edited April 8, 2010 by nane1104

[Krikit 1,163]

Sure you can do that. In fact, if I had to do it over, I would have married and applied for the spousal visa instead of the K-1. I found it too restrictive and far more "messy" than it needed to be. The few more months it takes to process the spousal visa over the fiance(e) visa is well worth the wait.

The only caveat emptor in your plan are the unknowns at Customs and Immigration. Good luck!

Edited April 8, 2010 by Krikit

[celticstar 2]

It's not faster in processing time, it's just faster because we'd be spending less time apart.....Does that make sense?

Cos I'd be out there for another two months after getting married, it's two months less than it would be?

I'm going to stop there because I'm just complicating things! LOL

Like I say, there's absolutely NO question about filing for AOS, like I say, we want to do this properly!

[celticstar 2]

Sure you can do that. In fact, if I had to do it over, I would have married and applied for the spousal visa instead of the K-1. I found it too restrictive and far more "messy" than it needed to be. The few more months it takes to process the spousal visa over the fiance(e) visa is well worth the wait.

The only caveat emptor in your plan are the unknowns at Customs and Immigration. Good luck!

You don't know how good it is to hear that! It seemed like it was too simple to be a proper way?

Ahhh, as for Customs......Would it be improper if I just said I was there as a tourist? Technically I would be, I wouldn't be looking to stay there any longer than I'm allowed to....

[elmcitymaven 9,711]

celticstar, this is what my husband and I did. We were both living in London, and thus eligible for DCF, so a K1 would not have been appropriate for us. We flew back to the US together (with his mum in tow) for a wedding and holiday. When my husband was asked the purpose of his journey, he said to marry his American girlfriend with whom he lived in London, have a holiday with friends and family, then return with his new American bride to London, where said new bride had lived for 11 years. They asked to see a return ticket, which he provided. He was let in, no problem. No regrets about doing the CR-1. It has saved us money, time and grief. If you're willing to ride out the few extra months apart that a K1 might have saved you, it's worth it. No AOS, no extra fees, no civil surgeon malarkey, work right away, travel overseas right away, less time until you can lift conditions and apply for citizenship... the list goes on. No offence to K1 people intended!

Be truthful, and bring proof you will be returning to the UK. Most likely you won't be asked for it, but it's a good insurance policy. We got married before I even knew VJ existed, and my husband had no proof he would return bar his mum saying "He's my boy and I know he's going home!" -- we knew that it was permissible to do this, so what was the problem? In the end, no problem.

Best of luck!

[celticstar 2]

Thank you elmcitymaven!

We've chosen the CR1 rather than the K1 because of the money and restrictions, plus we just want to be man and wife without waiting until someone tells us that it's ok for us to be married.....

I want to know that once I move to Oklahoma I can work and share the responsibilities rather than have Darryl working all the time to support both of us, I've never been the sort of person who is happy sitting at home being supported anyway.

Then there's the travel restrictions on a K1 as well, my Father had a triple heart bypass a couple of years ago and hasn't really fully recovered, he's now 71 years old and has diabetes so I'd rather not have to worry about whether I can come back if I need to.

In a nutshell, the CR1 fits our needs much more than the K1.

It's really made my day knowing that this is a feasible course of action for us to take

Thank you to everyone who has replied!

[mocat19 0]

This whole discussion has actually helped me quite a bit, as well. My fiance and I have been planning our wedding for months upon months and for about 2 stressful weeks were thinking that we were going to have to have a ceremony without a legal marriage because we hadn't applied for the K-1 yet. But then we started doing some research and found out that nowadays the CR-1 only takes a few extra months (which is fine now that we are both working in our own countries) and it has WAY more benefits (like instant 2-year green card on arrival with no AOS, ability to work right away, less fees, less hassle, and, of course, the legal marriage we've been planning for quite a long time). Thank you very much for asking this question because it's one I've been wanting to ask but haven't because I'm sure somebody has asked it before. This saves us having to go through pages and pages of posts and replies to find the answers we're looking for.

So congrats to the both of us for finally making the decision on the CR-1!

Best of luck to you and your loved one.

Molly (U.S.) and Sam (U.K.)

[AUS2USA 0]

we're both struggling emotionally with the distance between us, not to the point of wanting to give up but to the point of making us more determined to be together as we should be.

It's the simple things like not being able to reach out and hold his hand or to hold each other that we miss the most.

Do it. Man, if I had my time over again (which, thankfully I don't after my approval today), we would definitely do this Kate.

You could even get him to go over to the UK and get married right away then immediately file the I-130... He could stay in the UK for a couple of months, then you could go over on the VWP for 3 months. By that time, you should have your NOA2, then start the NVC process which is quick (if you do it right). And, voila. visa... ta-daaa

[VanessaTony 3,567]

Do it. Man, if I had my time over again (which, thankfully I don't after my approval today), we would definitely do this Kate.

You could even get him to go over to the UK and get married right away then immediately file the I-130... He could stay in the UK for a couple of months, then you could go over on the VWP for 3 months. By that time, you should have your NOA2, then start the NVC process which is quick (if you do it right). And, voila. visa... ta-daaa

There's a strange UK marriage fee thing that I read about a couple of months back. Getting married in the US seems a lot cheaper and easier.

I've often though that I would do it that way too personally if I did it over... but it would have mean ANOTHER ticket (thus negating the AOS fee "saving") if I'd had the money to travel back to the US to see my fiance again.

For me, my (now) husband and I were dating online for over a year before we met in person to confirm we wanted to be together forever. Those 2 months we spent together weren't a time I'd want to have got married. It was too soon. The K1 (while expensive (depending on if i had to fly back to the US to get married or whatever to file a CR1) but not messier in my opinion) helped to give us more time before the wedding and to plan a full "proper" wedding. I DO and DID hate not working while waiting for AOS. That part sucks, but it's a good time to get used to the area you're in... experiment with food, practice driving etc..

You can file the K1 now, fly to the US while it's processing or file it while you're there. Processing time is around 6 months. You'd then have to go back to the UK after about 2-3 months for your visa stuff (medical, police check, interview) and in that time you can "wind up" your life in the UK. Fly to the US, get married, apply for AOS and in around 2 months you'll be working and able to travel. 3 months or so should have the GC. The ONLY issue I have with the K1 is the inability to work for a US company while in the US. If you have a UK company willing to pay you in your UK bank account and do work "remotely" in the US, or if you're okay with not working for 2 months or so to get settled in, then the K1's the better and faster option.

[ValerieA 350]

The ONLY issue I have with the K1 is the inability to work for a US company while in the US. If you have a UK company willing to pay you in your UK bank account and do work "remotely" in the US, or if you're okay with not working for 2 months or so to get settled in, then the K1's the better and faster option.

I was told that I was not allowed to work, regardless of where the employer was located, while I was on US soil, until I had either my EAD or green card. I've even been scared to bet the horses at the racetrack because of this.

[VanessaTony 3,567]

I was told that I was not allowed to work, regardless of where the employer was located, while I was on US soil, until I had either my EAD or green card. I've even been scared to bet the horses at the racetrack because of this.

No no. Working is fine as long as it's not for a US company. Obviously if you're scared don't worry about it, but basically, imagine Joe Bloggs visiting the US on a holiday, suddenly he remembers he didn't finish that thing for work, so he sits down and does it and emails it off. That's not illegal. Technically you are doing "business" in the US by working there, but from everything I've read, as long as you're working remotely and being paid in your UK bank account then it's not illegal.

I didn't bother doing it (getting my work to agree didn't work for health and safety reasons) but I would have had my work agreed.