How to get married so we can start IR-1/CR-1 process

[Laure&Colin 562]

From what I understand, intent would be to come to the USA with the plan to get married. Your fiance can be denied at the POE if the immigration officer knows that the immigrant is entering the USA just to get married, because once married the immigrant can file an AOS and stay in the USA while the paperwork is processing. This can be considered immigration fraud if they chose to pursue it.

NO intent to get married is absolutely not a problem. The problem is an intent to STAY. If the fiancée comes to get married and then goes back to her home country, then there's no problem at all. It's legal and unless she is specifically asked at the port of entry if she is going to get married during her stay, she does not even have to volunteer that information.

[jq123 1]

"Marriage should not be immediately after you land in the US:

It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa."

http://www.visapro.com/Immigration-Articles/?a=1252&z=36

What is considered a reasonable amount of time?

Edited February 24, 2012 by jq123

[lynJer 7]

From what I understand, intent would be to come to the USA with the plan to get married. Your fiance can be denied at the POE if the immigration officer knows that the immigrant is entering the USA just to get married, because once married the immigrant can file an AOS and stay in the USA while the paperwork is processing. This can be considered immigration fraud if they chose to pursue it.

^^^^^ THIS ^^^^^^ IS IMPORTANT ^^^^^^^^^^

Suggest your fiance enters USA as a visitor and if asked her intentions on what she plans to do she DOES NOT mention the marrying wedding bit....

We were going to do the marriage thing in Vegas so that we could tell immigration that we had a few drinks one day and just did it....therefore hopefully not getting any backlash when we were interviewed re the immigrating fraud etc...

so...is Vegas an option for you....as you can just do drive thru wedding there.....quick easy and simple....you can then organise a nice wedding reception for friends and family at a later date....gives you time to plan something nice...unlike what we had to do....plan a nothing much wedding in 3 mths....under the k1 visa...wishing now I could have done vegas....

[jaycali 415]

I am against lying.But she has no intent to stay here. She needs to go back to finish her studies. The point is to just get legally married and that's it, and then I can start a legal immigration route while she finishes her studies. We want to do a legal marriage because we see no reason not to since we're committed. Plus, she has the time to come over here and get it done, then she can go back and finish her degree (approx a year) and by that time she'll be able to move here. There will be no visa fraud going on here. She's not going to stay here after she gets legally married.

That's the key here. There is absolutely no violation in coming to the US as a tourist under the VWP and getting married to a US citizen - As long as she intends to leave after the wedding.

The problem that arises from this is that you technically can enter as a tourist, get married and adjust status legally - you just can't intend to do so when entering.

That's why she'll have to prove to the satisfaction of the CBP officer that her intention is to get married to her US citizen fiance, and then return to the UK within 90 days of her entry.

So like you said, you're not intending to do anything illegal, but the key is proving it. The CBP has to consider any non-citizen showing up at a US border as an intending immigrant - it's the burden of the visitor to show otherwise. Have her bring an employment letter, lease contract.. Anything she can that can back up the story.

Edited February 24, 2012 by jhsm85

[Harpa Timsah 13,260]

"Marriage should not be immediately after you land in the US:

It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa."

http://www.visapro.com/Immigration-Articles/?a=1252&z=36

What is considered a reasonable amount of time?

Was mentioned in this thread earlier, this "rule" does not exist. This is also advice geared for people who are trying to adjust, so is in fact advice for how to "fool" USCIS for doing something illegal. Your fiancee will be going home after your marriage, so you should NOT feel restricted by any "waiting period;" this "advice" does not apply to you. Most states have some waiting period between getting the marriage license and getting married, like a few days. Please ignore the info in that link.

Edited February 24, 2012 by Harpa Timsah

[Laure&Colin 562]

"Marriage should not be immediately after you land in the US:

It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa."

http://www.visapro.com/Immigration-Articles/?a=1252&z=36

What is considered a reasonable amount of time?

The link you posted here is about people who come on a tourist visa, get married, and then try to adjust to lawful permanent resident status.

It has nothing to do with going to the US to get married and then leave the country. For all that matters the fiancée could go to the US, get married the next day and leave several weeks later, it wouldn't cause any problem when applying for a CR1 visa.

Do not look for problems where they don't exist!

The only possible concern is to be denied at POE if the CBP officer doesn't believe the foreigner will go back to their home country, so it's better to carry strong evidence showing that they will. But for someone coming from a VWP country, I think this risk is pretty low.

[Brad and Vika 129]

Topic locked for review

[Brad and Vika 129]

I have reopened the topic, just reminding every one that it is a violation of the TOS to:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Please be careful that the advice given isn't to coach fraudulent intent or acts.

Thanks

[pushbrk 13,616]

"Marriage should not be immediately after you land in the US:

It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa."

http://www.visapro.c...es/?a=1252&z=36

What is considered a reasonable amount of time?

The context of this article is for adjusting status after marriage. That is not what you are doing.

[jq123 1]

Okay, so it is NOT fraudulent to get married on a travel visa if you do not intend to stay.

However, isn't not telling the full truth about your reason for visit considered fraudulent?

[pushbrk 13,616]

Okay, so it is NOT fraudulent to get married on a travel visa if you do not intend to stay.

However, isn't not telling the full truth about your reason for visit considered fraudulent?

You are not listening. You've been advised to give a TRUTHFUL but generic answer. Failure to mention a wedding, even your own wedding as one item on your travel agenda bears the same consequence as failing to mention each and every restaurant you will go to or whether you might stop by a barber shop or public library. The US doesn't require a special visa to get married, like the UK does but if the CBP officer even thinks you might be planning on staying instead of leaving, they can deny entry.

[jq123 1]

You are not listening. You've been advised to give a TRUTHFUL but generic answer. Failure to mention a wedding, even your own wedding as one item on your travel agenda bears the same consequence as failing to mention each and every restaurant you will go to or whether you might stop by a barber shop or public library. The US doesn't require a special visa to get married, like the UK does but if the CBP officer even thinks you might be planning on staying instead of leaving, they can deny entry.

Alright, sounds good!

[jq123 1]

I guess what would put everyone (especially me) at ease here is if we have something from an Immigration official saying that this is okay, that is, having the intent to marry but not stay (that is, leave within a week or two) on a Tourist Visa/VWP, as long as one can provide proof that one is returning. Is there anything official?

Edited February 25, 2012 by jq123

[jq123 1]

I called Customs and Border Patrol at Orlando International Airport and they said that everyone who comes to the U.S. to get married to a USC needs a K1. They say that they assume that anyone who gets married to a USC intends to stay 100% of the time.

There's no way to prove otherwise, even class registration, lease agreements, etc.

[Harpa Timsah 13,260]

Yet thousands of people on tourist visas get married here every day. Think of destination weddings, or Vegas weddings. You can look at NYC city hall, which has had an ad campaign aimed at foreign tourists wanting to get married in NY because it's "romantic."