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pjandrachel

Where to marry and file I-130

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Hello

I was wondering if you could answer a question of mine. I have read the forums and there seems to be a lot of debate! I am a UK citizen and I am waiting to Marry my USC fiance. He is currently in the UK with me and I am going to America with him in May and we definately want a CR1 visa as i would like to find work ASAP

My question is

- Is it Ok for us to Marry here, go to the USA with him, file I-130 when there but still return to the UK (I have no intention of staying and adjusting the status of the VWP)

Or would it be best to go with him as his fiancee, get married there, file I-130 and then return to the UK for the rest of the processing?

Do I volunteer this information at POE and could it create problems later in the process?

Could I travel to the USA as his wife if I have no intention of staying and just prove ties to the UK (e.g a job to return to)?

Thankyou


SOMETIMES THE MOST IMPORTANT THINGS IN LIFE IS BEING WITH THE ONE YOU LOVE

OUR STORY

February 2009 - Met online online on social networking site

August 2009 - Spent 2 weeks together in England in which time we got engaged !!!!!YEY!!!!!

October 2009 - Spent 2 weeks together in America

December 2009 - Spent 5 months together in England

May 2010 - We both went to America when we spent 2 weeks together

August 2010 - Spent 3 weeks together in America

December 2010 - Spent 5 months together in England

May 2011 - We both went to America together where we spent 2 weeks together

September 2011 - Spent 3 weeks together in America

December 2011 - Spent 5 months together again in England as with the previous years!

April 2012 - spent 2 weeks together in America, got married on May 8th in America!!!!!!!

I-130 Petition

Filed - July 23rd 2012

NOA1 - July 27th 2012

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- Is it Ok for us to Marry here, go to the USA with him, file I-130 when there but still return to the UK (I have no intention of staying and adjusting the status of the VWP)

Or would it be best to go with him as his fiancee, get married there, file I-130 and then return to the UK for the rest of the processing?

You can do either, here is the but: what is your fiance's status in the UK, is he there visiting or is he there on a long-term basis? I ask this because there are certain laws and regulations that may preclude a wedding in the UK for you and your US fiance.

Do I volunteer this information at POE and could it create problems later in the process?

Could I travel to the USA as his wife if I have no intention of staying and just prove ties to the UK (e.g a job to return to)?

Admission by CBP is not a guarantee in any circumstance. You must answer a CBP officer's questions truthfully, that does not mean you need to volunteer information that was not asked for. A generic truthful answer to a generic question is acceptable. If they ask a specific question, a truthful answer must be given.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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He is here as a visitor only so unable to file through DCF!

If we are married at the time I go do I say at POE he is my husband but we are filing I-130 and will return home in 2 weeks and wait for CR1 processing?

Getting married in the UK is not a problem we have found out what we need! Its just whether it would be a problem going to America! I understand it is only visa fraud if you intend to go as a visitor and stay right? So if I am returning after 2 weeks that is not visa fraud?

Is that correct?


SOMETIMES THE MOST IMPORTANT THINGS IN LIFE IS BEING WITH THE ONE YOU LOVE

OUR STORY

February 2009 - Met online online on social networking site

August 2009 - Spent 2 weeks together in England in which time we got engaged !!!!!YEY!!!!!

October 2009 - Spent 2 weeks together in America

December 2009 - Spent 5 months together in England

May 2010 - We both went to America when we spent 2 weeks together

August 2010 - Spent 3 weeks together in America

December 2010 - Spent 5 months together in England

May 2011 - We both went to America together where we spent 2 weeks together

September 2011 - Spent 3 weeks together in America

December 2011 - Spent 5 months together again in England as with the previous years!

April 2012 - spent 2 weeks together in America, got married on May 8th in America!!!!!!!

I-130 Petition

Filed - July 23rd 2012

NOA1 - July 27th 2012

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He is here as a visitor only so unable to file through DCF!

If we are married at the time I go do I say at POE he is my husband but we are filing I-130 and will return home in 2 weeks and wait for CR1 processing?

Getting married in the UK is not a problem we have found out what we need! Its just whether it would be a problem going to America! I understand it is only visa fraud if you intend to go as a visitor and stay right? So if I am returning after 2 weeks that is not visa fraud?

Is that correct?

Here's my opinion on entering the US--

Normally the question is "What is the purpose of your trip?"

I think the answer is "business" or "pleasure". My British guy always said, "I'm on holiday".

The next question may be "How long are you staying?"

Done. Next in line please.

The point is, that first question is not "tell me all about your marriage, relationship, future plans, if you want to live in the US in the future, etc."

Wait for them to decide if they want to know more information. Then answer the questions they ask.

Visa fraud is using a tourist visa or VWP with the full intention of getting around the immigration process. It's if you plan in advance to permanently move to the US by entering on VWP rather than getting the proper immigrant visa. Intention is hard to prove and people immigrate via VWP all the time and sucessfully get a greencard. But it's not foolproof and there is no appeal if something goes wrong.

You are not committing any fraud. You are not doing anything illegal by visiting the US. But the CBP officer gets to decide if he thinks somebody looks or acts like they may not leave or will seek unauthorized employment and join the other undocumented aliens or illegal immigrants hiding out from ICE.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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