Marrying in the US under VWP

[Cercy 0]

My fiance and I are still looking at all our options to be together. And we feel that marrying and living in Portugal for a year or so is the best one open to us right now. However, things would be easier for the purpose of getting residency in his country for both myself and my daughter- it would be better to marry elsewhere and then travel to Portugal. I know for the purpose of the K 1 you can only marry on the fiance visa. But if he came here and we married, without the intention of staying (but probably coming back in a year or two, and going through the visa process then) would that be okay?

Sorry for all the questions. And I apologize if this is misplaced. I wasn't sure where to put it.

[Inky 1,110]

Marrying on VWP is fine.

LOTS of people do it. The problem is when you do that with the intention of staying and adjusting status on it.

[Cercy 0]

Oh that's really good to know. Thanks. The Portuguese Embassy and the US Consulate actually suggest getting married in Gibraltar because it's less complicated than Portugal, but we don't really want to do that.

[Brit Abroad 166]

If you're only intending on marrying in the US and then departing, it's pointless to spend all the money and go through the hassle of gathering paperwork. It would be easier to do a Visa Waiver (Portugal is part of the agreement) . Details at VWP for Portugal. It would be best to be honest on entry and state that you are marrying with the intent to depart after marriage and I'd strongly recommend your fiance brings paperwork showing he has the incentive and the life in Portugal to return to, so that he is not denied entry.

If at some later stage you decide you want to return to the US as a family, you will simply apply for the CR1 visa, as the K1 visa is only open to those who are entering the US unmarried.

[pushbrk 12,266]

If you're only intending on marrying in the US and then departing, it's pointless to spend all the money and go through the hassle of gathering paperwork. It would be easier to do a Visa Waiver (Portugal is part of the agreement) . Details at VWP for Portugal. It would be best to be honest on entry and state that you are marrying with the intent to depart after marriage and I'd strongly recommend your fiance brings paperwork showing he has the incentive and the life in Portugal to return to, so that he is not denied entry.

If at some later stage you decide you want to return to the US as a family, you will simply apply for the CR1 visa, as the K1 visa is only open to those who are entering the US unmarried.

My advice is to give a generic truthful answer about the purpose of your visit, like "holiday" or "visiting friends" or "going to Disney.." if true. Only if specifically asked, do you need to mention that a wedding is one item on your itinerary. No reason to raise red flags. However, if asked, be truthful and be prepared to show ties to the home country. Failing to mention a wedding is no more dishonest than failing to mention entering a public library.

[Cercy 0]

Proof such as that he owns a home has family and a job in Portugal? Which I guess could be the title to his house, a letter from his employer and maybe a letter from family members?

When he came in on the VWP last time they really questioned him. About me, about why he was coming, about my address. Lots of details. It was weird. But I would rather not have him lie, even by omission because it could come back and bite us in the butt.

Edited July 22, 2011 by Cercy

[pushbrk 12,266]

Proof such as that he owns a home has family and a job in Portugal? Which I guess could be the title to his house, a letter from his employer and maybe a letter from family members?

When he came in on the VWP last time they really questioned him. About me, about why he was coming, about my address. Lots of details. It was weird. But I would rather not have him lie, even by omission because it could come back and bite us in the butt.

I didn't suggest lying but with the history you just noted, being up front about plans and bringing evidence of his intent to return is a better idea. I would also give him a letter from you indicating YOUR intention to go live with him in Portugal after the marriage.

[Cercy 0]

I didn't suggest lying but with the history you just noted, being up front about plans and bringing evidence of his intent to return is a better idea. I would also give him a letter from you indicating YOUR intention to go live with him in Portugal after the marriage.

Oh I must have misunderstood you. I didn't think you were saying to outright lie, but omitting his main reason for being here- which it would be, seems a bit untruthful to me. Either way, great advice and thank you. I was thinking of also having plane tickets for myself lined up so he could prove that we're both leaving together- perhaps he could show the printout or something like that.

[pushbrk 12,266]

Oh I must have misunderstood you. I didn't think you were saying to outright lie, but omitting his main reason for being here- which it would be, seems a bit untruthful to me. Either way, great advice and thank you. I was thinking of also having plane tickets for myself lined up so he could prove that we're both leaving together- perhaps he could show the printout or something like that.

Sure, all good ideas. I thought I gave context to my generic answer suggestion when I said that he is no more obligated to mention a wedding than a visit to a public library. Even omitting a mention of immigrant intent is not a problem as long as no direct question was answered untruthfully. My suggestion was about avoiding raising red flags. Now that you've indicated he is already flagged from a previous visit, I recommend a more direct approach.

Yes, showing both an itinerary and receipt for payment for your airline ticket would be good, along with any other concrete evidence of your plans. For instance, are you resigning from your job, finishing school or anything like that that could be documented?

[Kathryn41 3,205]

Post removed at the OP's request

[Cercy 0]

Thank you Kathryn. I tend to get a bit TMI. lol

In response to your questions pushbrk: No, not really. I've told my landlord I'm leaving in November and I've started tying up loose ends here, but other than that I can't say there's much here FOR me to leave.

I'm not certain he was flagged, so much as intensely questioned by a guy with a can of redbull in the middle of the night. I was born and raised here and upon returning to the country I too have been intensely questioned for no obvious reason. All in the name of security I guess. I can't think of a reason he'd be flagged.

[pushbrk 12,266]

Thank you Kathryn. I tend to get a bit TMI. lol

In response to your questions pushbrk: No, not really. I've told my landlord I'm leaving in November and I've started tying up loose ends here, but other than that I can't say there's much here FOR me to leave.

I'm not certain he was flagged, so much as intensely questioned by a guy with a can of redbull in the middle of the night. I was born and raised here and upon returning to the country I too have been intensely questioned for no obvious reason. All in the name of security I guess. I can't think of a reason he'd be flagged.

He would be flagged because of the intense questioning about a "significant other" relationship with the US Citizen he was coming to visit. Not sure of the timing of the visit, marriage and your departure but if you've given notice to your landlord a copy of that notice would be helpful. You don't have a job?

[Cercy 0]

No. I don't work. I am trying to find work, but where I live there isn't a lot right now. My plan was to go back to school, but I am putting that on the back burner right now. Ideally I would work and bring him in on a K 1. And that's still not totally impossible if I manage to find a job. But for now, I have a young child and my ex pays enough child support for me to stay home with her- basically what he would pay for preschool/child care so that I could work and it works out because she gets the upbringing we had intended if we had stayed together, rather than spending all of her time in a daycare. Finding employment that will support this wealthy area's idea of 1-2k a month child care and meeting the minimum for an Affidavit isn't going so well. Heh. Which is why I am thinking that going to Portugal for now, where my fiance owns a home and has employment is the only way we can be together until the tides change.

Apparently there are a lot of jobs in my field in Portugal!

Edited July 22, 2011 by Cercy

[pushbrk 12,266]

No. I don't work. I am trying to find work, but where I live there isn't a lot right now. My plan was to go back to school, but I am putting that on the back burner right now. Ideally I would work and bring him in on a K 1. And that's still not totally impossible if I manage to find a job. But for now, I have a young child and my ex pays enough child support for me to stay home with her- basically what he would pay for preschool/child care so that I could work and it works out because she gets the upbringing we had intended if we had stayed together, rather than spending all of her time in a daycare. Finding employment that will support this wealthy area's idea of 1-2k a month child care and meeting the minimum for an Affidavit isn't going so well. Heh. Which is why I am thinking that going to Portugal for now, where my fiance owns a home and has employment is the only way we can be together until the tides change.

Apparently there are a lot of jobs in my field in Portugal!

So, additional evidence of his intention and yours to live in Portugal would be your child's father's permission letter for the child to live in Portugal and a copy of the child's passport. Enough evidence that it is the US Citizen and a child with intent to live in Portugal will satisfy US CBP officers. What will you and your child need from Portugal Immigration officials in order to live in Portugal a year or so? Provide evidence of those arrangements as well. I only asked about your job to see if you could add a resignation letter. If you're going to Portugal, you'll deal with affidavits of support when you're ready to return to the USA.

[Cercy 0]

That is a really good idea! I'm sure my ex would write something stating that he has agreed to let me take her to Portugal and that he believes it is in her best interest. And he has to be there for me to get her passport so that is already implied to some extent. As for what I need to begin the Residency process in Portugal... really only begins once you're IN Portugal or already married, which causes some awkwardness, as the process to move there is quite a bit easier than to move here. But basically if we go one route, marrying in the US, then he applies to reunite family, he can bring my daughter and I both over, whereas if I go there, marry him and then apply, we have to apply for my daughter separately and she would have to stay with her grandparents until then. And with a divorce, and a big move, I would like to avoid too much moving around for her. So marrying here (or Gibraltar if we must) is the healthiest option in my estimation.

When we move back to the US is basically up to when we can save up enough to support ourselves.