Marriage in US -> Return home -> CR1

[Owen_London 65]

Hi all,

As this is my first post here, I figure I should introduce myself. I'll keep this bit brief, as I don't want to distract from the main discussion.

My fiancee is the USC, based in Texas, and I am British, based in London. We met working in the same team in the same company, and have been together for ten months now, visiting about once a month. We decided that I would move to the US, as she has three young children who she doesn't want to, and legally cannot, prevent from visiting the ex-husband. I finally proposed on Easter Saturday, and now we're really excited to be starting the process of getting to live together.

We have considered multiple options:

1. L1B (intra-company transfer for technical professionals) - Our preferred option, but I asked for a transfer in August, and nothing concrete has happened so far. We are not relying on this, and I will leave my job to pursue the other options if necessary.

2. K1 (fiancee visa) - We will do this if we have to, but I really don't want to be months without employment in my new home.

3. Marry in UK, then pursue CR1 - This requires us both to be resident in the UK for 7 days plus 14 days before the wedding, so would use up all of my fiancee's vacation allowance.

4. Enter under visa waiver program, marry and attempt to adjust status - While it sounds like the vast majority of such cases are being allowed by USCIS, we have no intention of running the risk of deportation.

5. Enter under visa waiver program, marry in US, then return to UK to pursue CR1 - This is now our preferred option, but I have been unable to find proof this is legal.

Now, I have seen many people state that marrying under VWP (or under a B2 visa) is legal, as long as you exit the country within the 90 days (for VWP). However, the publically available information is confusing. I guess I'm a very rigorous person when it comes to things like this, and I have looked through a lot of documentation, including:

- Booklet: "I Am a U.S. Citizen How Do I Help My Fiancé(e) Become a U.S. Permanent Resident?" http://www.uscis.gov/USCIS/Resources/A2en.pdf

- The Immigration and Nationality Act http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29.html

- CBP (Customs and Border Protection) Inspector's Field Manual (redacted, 2006 version) http://foia.cbp.gov/index.asp?ps=1&search=&category=Manuals_and_Instructions

- USCIS Adjudicator's Field Manual (redacted, date is post VWP but pre-ESTA) http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

As far as I can see, the information is conflicting.

First, the booklet lays out three options:

1. K1 route.

2. Marry overseas and then pursue I-130 (CR1).

3. "If your fiancé(e) is already in the United States in another legal immigration status and you want to marry in the United States, please see customer guide A1 about filing an I-130 relative petition after you marry."

I read "legal immigrantion status" as referring to "immigrant" rather than "nonimmigrant", and on that basis, VWP and B2 would both mean non-immigrant entry status, so excluded from this option. Is this wrong?

Second, the Act equates entry purposes on VWP to those of B1/B2 visas (here http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-4391.html), and these purposes are:

"(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure; "

The only comments about marriage in the Act refer to K visas. Does "visit temporarily for pleasure" include marriage? Probably. However, it's interesting that the K1 description says it is for "...entering the US to conclude a marriage within 90 days", and there is no mention of an intention to remain in the US.

Third, the Inspector's Field Manual says eligibility for B2 visa cases include:

"(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;"

Page 19, here: http://foia.cbp.gov/streamingWord.asp?j=234

Neither the ability to use a B visa for marriage, nor the distinction about returning home afterwards seem to be based on the Act itself, but this is the main distinction that is being drawn by the experienced people here. Is there subsequent case law that makes this distinction, or does it just come from CBP manual?

I do wonder if the Act and USCIS intend that all marriages of USC and non-immigrant aliens that take place in the US should take place under K1 visas, but that in practice this does not happen, and the Act is too ambiguous to prevent it.

Many thanks for reading this far, and thanks for any advice you can provide.

Owen

[yachachiq12 43]

There is nothing illegal about marrying in the US for anyone (VWP or not).

The problematic part is when you use a nonimmigrant visa, the VWP, or status as a Canadian citizen not needing a visa to intend to stay and adjust status in order to avoid the proper immigration procedures.

Stop over-thinking it. It's simple. USCIS does not intend for marriages to only happen on K1 visas. They don't intend for them to not happen on B visas. They don't care what your status is when you marry. They care about how you seek to be given LPR status.

Oversight of marriage isn't even one of the functions of USCIS.

[trojam227 18]

I wouldn't advise entering on the VWP then get married in the US. Even if you have proof of a return flight, your intention to travel on VWP is supposed to be pleasure/tourism. I'm not saying people don't do it, but it's technically lying about your intentions and too risky IMO.

The B2 only applies if you don't qualify to travel under VWP, or you intend to stay longer than 90 days, up to 6mos. Also for pleasure/tourism and some other certain catagories.

If you want to marry in the US, then take the K1 route.

If you want to marry in the UK, then do the IR/CR1 route.

Like you said, your fiance has to stay in the UK for a period before the wedding can take place, and she also has to apply for a Marriage Visa through the British Consulate.

The Bonus of the K1 is that you can travel over for the wedding (within 90 days) and remain in the US after wedding where you would then do an adjustment of status.

We got married in the UK and then I returned home after the wedding, and I have to say it is a difficult way to begin a marriage when you are seperated for so long while waiting for CR1.

Edited April 16, 2012 by trojam227

[cathy2904 97]

It is perfectly legal to enter under the VWP and get married. People come to the US for destinations weddings (think Vegas) all the time. What is not legal is to come to the US and get married with the intent to then stay and adjust status. Again, people do that and as you have said, it doesn't seem to be an issue for most people but you run the risk of coming unstuck.

We decided to get married while I was visiting because Immigration said they would not let me in again under the VWP. We were married in the local courthouse in Georgia and we then filed the CR1 and I returned home for the rest of the process. All perfectly legal.

I definitely would not do the K1 if we were starting over again for the reason you state - not being able to work for several months. And it works out more expensive overall.

Edited April 16, 2012 by cathy2904

[trojam227 18]

OK so there you go, Cathy had success marrying on VWP. I wasn't sure how an immigration officer would view this. I guess anyway you look at it, the only way to stay together permanently following the wedding would be K1, but can't work for a while, more expensive.

[cathy2904 97]

Yes, you just have to weigh up the pros and cons. There is a useful chart comparing the K1 and CR1 routes here: http://www.visajourney.com/content/compare

The separation from your spouse is painful but we were used to the whole long distance thing. The worst thing was that after that warning from Immigration I couldn't even visit, although Trevor did manage a trip to the UK. But it's a bit like toothache (or childbirth!) - once the pain is over you can't even remember what it was like.

Edited April 16, 2012 by cathy2904

[Nich-Nick 3,354]

5. Enter under visa waiver program, marry in US, then return to UK to pursue CR1 - This is now our preferred option, but I have been unable to find proof this is legal.

Best option in my opinion.

Now, I have seen many people state that marrying under VWP (or under a B2 visa) is legal, as long as you exit the country within the 90 days (for VWP). However, the publically available information is confusing. I guess I'm a very rigorous person when it comes to things like this, and I have looked through a lot of documentation...

This is publically available http://london.usembassy.gov/faq-imm-proc.html#iv036

We only wish to travel to the United States to marry. We will return to the United Kingdom after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

[Harpa Timsah 13,259]

Generally laws tell you what you cannot do. It is rare there is in an indication as to what you can do. I don't see a law that says I can drink Coca-Cola on Sundays either. Should I be worried I am doing wrong?

Marrying on a tourist visa is perfectly legal in the US. The fact that you don't find anything telling you you can't should be enough.

[B & G 200]

I agree with the rest of the posts. I am in the same predicament as you Owen. Have requested an intra-company tranfer and have gotten nowhere. My company is hesitant to enter the US work permit route since its not something they need and its something I request. They have basically told me that a position would be available to me you I find a different way to have the right to work in the US. A K1 visa will have me out of work for months, something I don't want, and to marry in Greece, just like you will take up all of my fiancee's vacation time. I have done some research, and haven't found anything about it being illegal to marry in the US. What customs don't want is for you to come, get married and then stay to adjust status. If you leave and go thru the route of CR1 there isn't anything illegal about it.

[Rooky 1]

Hey Mate,

I could relate to your position but I want to highlight something which you should be aware. I would be cautious if you are going to use VWP to get married if you have already made plans to get married in the US.

There is a difference between coming to the US on VWP for a visit with no plans of marriage but during your stay you decided to get married compared to coming to the US on VWP with intention of marrying. The first scenario is perfectly acceptable and that's how my marriage took place ..... it was a shot gun marriage thanks to my family . If you have already proposed and you are coming to US to get married then legally you need to declare this is your intention to the CPB officer at the border and that may cause problems as there is already a different visa process for this purpose.

I have been married few years and I have been visiting my wife every few months and CPB officer always ask the question how I got married and blah blah ...... and during my last visit the officer was very particular to find out this fact. After a 45 minute chat he was happy that it just happened rather than pre-meditated. He was nice enough to explain to me that every declaration of intention to enter the US gets recorded and he has to establish that not only my current visit but also my previous visits are as declared.

So please be cautious, even though the process is pedantic but for the purpose of wanting to be with someone you love we just need to make sure that we don't get ourselves in trouble. But if you want to get a definite answer from the horses mouth then my thoughts to you would be to ask the question directly from CPB help website https://help.cbp.gov/app/home (create an account and post a question and they should reply you within few weeks).

Good luck mate

[sulhaq 60]

If you enter under the VWP, then you will have to disclose so and convince the immigration officer at your POE that you have full intentions to return to UK after marriage. This is a bit tricky to accomplish, even if you do have full intentions to return. You must conclusively prove to the officer that you are not going to stay and attempt to adjust status.

You cannot state that your purpose of visit is business/tourism because that constitutes as lying and it will come back to bite you when you file your CR-1 later.

[FinallyDone:) 10]

If you enter under the VWP, then you will have to disclose so and convince the immigration officer at your POE that you have full intentions to return to UK after marriage. This is a bit tricky to accomplish, even if you do have full intentions to return. You must conclusively prove to the officer that you are not going to stay and attempt to adjust status.

You cannot state that your purpose of visit is business/tourism because that constitutes as lying and it will come back to bite you when you file your CR-1 later.

agreed. i think you should try to do it the most honest and easiest way you can.

[Obc333 24]

I got married on one of my visits to my husband then went back home. I came here for a visit during Christmas and we found out my husband had to do major surgery, we contacted Uscis and was granted permission to adjust here thus my staying. Getting married is legal on tourist visa as mentioned its the approach you take after the marriage that can cause a problem. Intent to stay after marriage can cause problems. I had no intention of staying and had to prove that even though my husband was sick the doctor certificate was not enough

[grrrrreat 109]

I wouldn't advise entering on the VWP then get married in the US. Even if you have proof of a return flight, your intention to travel on VWP is supposed to be pleasure/tourism. I'm not saying people don't do it, but it's technically lying about your intentions and too risky IMO.

The B2 only applies if you don't qualify to travel under VWP, or you intend to stay longer than 90 days, up to 6mos. Also for pleasure/tourism and some other certain catagories.

If you want to marry in the US, then take the K1 route.

If you want to marry in the UK, then do the IR/CR1 route.

Like you said, your fiance has to stay in the UK for a period before the wedding can take place, and she also has to apply for a Marriage Visa through the British Consulate.

The Bonus of the K1 is that you can travel over for the wedding (within 90 days) and remain in the US after wedding where you would then do an adjustment of status.

We got married in the UK and then I returned home after the wedding, and I have to say it is a difficult way to begin a marriage when you are seperated for so long while waiting for CR1.

This is incorrect though. There's nothing incompatible with travelling for pleasure/tourism and getting married. People who want to get married do not have to get a K1 visa. Just as US citizens who want to get married in other countries can do so on a tourist visa (provided they meet the other requirements of the country.)

[yachachiq12 43]

This is incorrect though. There's nothing incompatible with travelling for pleasure/tourism and getting married. People who want to get married do not have to get a K1 visa. Just as US citizens who want to get married in other countries can do so on a tourist visa (provided they meet the other requirements of the country.)

Agreed. There's a bit of fear-mongering going on in a couple responses here. I think the OP knows better than to pay mind to it. However, it's worth repeating that there is no problem with entering the US with intent to marry. Marriage and permanent immigration are two separate processes and two separate problems.