VWP with intent to marry

[rutten 0]

Hello (I'm new here)

I am British, my fiancee is American. This is the timeline and sequence of events we are currently looking at and I was wondering if anything was incorrect, illegal or 'in fantasy land'. Thanks in advance for any help anyone can give us!

Between October 2012 and January 2013 - I, the Brit, travel to the USA under VWP and get married to my fiancee. I then return home within the 90 days the VWP allows. I tell immigration at the Point Of Entry in the US that I am entering with the intention to get married, but I am not staying in the country on this trip (I will show the official my return plane ticket). - The reason I would leave the country after getting married is that I believe that if you enter under the VWP with the intention to get married and with the intention of STAYING, you could be denied entry. Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?

January 2013 - March 2013 - After arriving back in the UK, we apply for a Green Card for myself. At the same time apply for a non-immigrant visa so I can stay with her while the Green Card is processed. - Not sure exactly how long the non-immigrant visas take to process

March 2013 - November 2013 - I'm in the USA, looking for jobs, waiting for the Green Card. The Green Card could take between 5-8 months to process.

So to summarise: Marry in US under VWP => Return to UK => Apply for Green Card & non-immigrant visa => Enter US under non-immigrant => Slip the Green Card into my wallet and smile

*An alternative to this process would be this:

October 2012 Apply for Fiancee Visa

March 2013 - June 2013 Receive Fiancee Visa, get married. Apply for Adjustment Of Status & apply for EAD immediately after marriage.

Between June 2013 - December 2013 - Receive AOS and EAD.

So to summarise: Fiancee Visa => Marry under Fiancee Visa => Apply for AOS & EAD => Receive Green Card

How does that sound? I think Scenario 1 is higher risk, but Scenario 2 will take longer. What do you think?

Thanks again!!

[Newbie608 103]

Scenario 2 is the legal way. They would probably deny you entry in the 1st scenario. From my understanding, CR-1/CR-2 route is faster and inexpensive..

[mrs_gonzo 9]

I Highly doubt you would get a non immigrant visa when you are married to a USC. You either come as a tourist, marry and stay (which is not the legal way since your are planning on getting married), or you marry go back and file for the marriage visa. That one is cheaper than AOS or applying for the K1 and then AOS. You can even visit during that time, but you have to show strong ties to your home country.

[Owen_London 65]

Hello (I'm new here)

I am British, my fiancee is American. This is the timeline and sequence of events we are currently looking at and I was wondering if anything was incorrect, illegal or 'in fantasy land'. Thanks in advance for any help anyone can give us!

Between October 2012 and January 2013 - I, the Brit, travel to the USA under VWP and get married to my fiancee. I then return home within the 90 days the VWP allows. I tell immigration at the Point Of Entry in the US that I am entering with the intention to get married, but I am not staying in the country on this trip (I will show the official my return plane ticket). - The reason I would leave the country after getting married is that I believe that if you enter under the VWP with the intention to get married and with the intention of STAYING, you could be denied entry. Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?

January 2013 - March 2013 - After arriving back in the UK, we apply for a Green Card for myself. At the same time apply for a non-immigrant visa so I can stay with her while the Green Card is processed. - Not sure exactly how long the non-immigrant visas take to process

March 2013 - November 2013 - I'm in the USA, looking for jobs, waiting for the Green Card. The Green Card could take between 5-8 months to process.

So to summarise: Marry in US under VWP => Return to UK => Apply for Green Card & non-immigrant visa => Enter US under non-immigrant => Slip the Green Card into my wallet and smile

*An alternative to this process would be this:

October 2012 Apply for Fiancee Visa

March 2013 - June 2013 Receive Fiancee Visa, get married. Apply for Adjustment Of Status & apply for EAD immediately after marriage.

Between June 2013 - December 2013 - Receive AOS and EAD.

So to summarise: Fiancee Visa => Marry under Fiancee Visa => Apply for AOS & EAD => Receive Green Card

How does that sound? I think Scenario 1 is higher risk, but Scenario 2 will take longer. What do you think?

Thanks again!!

The two routes you list are basically:

Scenario 1: Marry in US and then gain residency from CR-1 visa (for spouse of USC). But with the complication of overstaying in the US while you adjust.

Scenario 2: Arrange K-1 visa to marry in US and then adjust there.

Scenario 1 is illegal, and visa fraud. It's also impractical. You need to be in the UK for correspondence and interview for the visa, plus the visa is technically for you to enter the country and so is only a prerequisite for residency. Now, it is possible to enter the US on the visa waiver program, without the intention of getting married, change your mind, and get married in the US, then stay and adjust status there, but this is a different process. However, if the immigration authorities decide you committed visa fraud, you could be deported, and there is no right of appeal if you entered on the visa waiver program. Many people do successfully adjust status this way, though.

What I'd suggest is a combination of your two scenarios, since the CR-1 visa is generally slightly quicker, and allows you to work as soon as you enter the US: Marry in US, as soon as is convenient. Bring all paperwork required to fill in the CR-1 forms straight away. Return to UK and wait for the visa to be processed, and then for the interview at the London consulate. I came close to doing this, but ultimately I ended up transferring with my company on a work visa.

[rutten 0]

Thanks for the informative and speedy replies (this website truly is excellent)!

I thought the first scenario would be tricky, to say the least... So the suggestion is this:

Scenario 1. Go to the USA with the intention of marrying. Return back to the UK after marriage (still within the VWP expiry date) and file for a CR-1 visa. No adjustment taking place, just filing for Green Card.

Scenario 2. Arrange K-1 visa to marry in US and then adjust status.

Now both scenarios are legal, right? I'm sure there is more chance of the latter being accepted by immigration, but I don't think, from what people have suggested and my own research, that there is anything wrong with the former.

Thanks again!

[DandT14 272]

Both scenarios are legal. My only concern for you would be in scenario 1, because if you tell them at POE that you intend to marry but not stay, they might not believe you. Then you get turned away and have to try scenario 2. As long as you're prepared for that, I'd go with scenario 1.

[Asia 2,491]

And you don't have to apply for a tourist visa while your petition is pending. You can visit your spouse using VWP.

[Little_My 463]

There's absolutely no need to tell CBP at POE that he intents to marry a US citizen while in the country, unless specifically asked. It is extremely rare for the CBP officers to ask anything so specific where one would have no option but to state that the plan is to get married while in America without lying. What they usually ask is along the lines of "business or pleasure", to which he can easily respond "pleasure", and that is enough. While no one should ever lie to any immigration officer in the US (or anywhere else for that matter), there's also no need to volunteer extra details when they are not required.

Though I have personal experience of neither, I have always preferred the CR-1 route. Much cheaper and easier in my opinion, since it is a straight path to greencard without any extra costs or time allocated to AOS. Coming to the US to marry a US citizen with a non-immigrant visa (which the VWP essentially is) is absolutely, perfectly legal and by the book. Your option 1 is pretty much exactly how CR-1 is supposed to be used. I would ay go for it - and to be on the safe side, in case for some reason you have to tell them at POE that you are coming to the US to get married, have some additional proof besides the return ticket to show ties to the UK - an on going lease, work contract, something that shows you didn't pack up your life there before traveling to America.

[jenniferjones101 19]

I highly recommend Scenario 1: Marry in the US under VWP, return to the UK, spouse files for CR-1. Once CR-1 is granted, you will enter the US as a Lawful Permanent Resident, no need for AOS or EAD!

This is the route my husband and I took. We didn't offer CBP the information that we were intending on getting married (they didn't ask either). My husband always brought ties to the UK (job letter, flat lease, return ticket, etc.) just in case, but it was never needed. It's been 6 months since we were married and filed our CR-1 and he'll be here with his visa on Saturday! Less fees to pay, no adjustment of status, no work authorization needed...it was right for us. Yes, we had to spend some time apart as a married couple, but we made visits while our visa was in processing and never had and issue. It was a worthwhile sacrifice for us and I wouldn't have done it any other way

[Sven Nancy 3]

Noooooo, whatever you do, do NOT, i repeat, DO NOT tell the Immigration Officer at the US Customs that you are intending to marry your fiance. You will be deported right there and be banned from the VWP. Just tell them you're here on a "Holiday". Once you pass through, you and your fiance can get married and go on about your plans...To tell the officers your plans and intentions on marrying, you're in for some deep sh*t if you don't have a fiance visa in your hands.

[rutten 0]

Thanks for the valuable information everyone!

Well, I'm visiting my fiancee sometime in the next couple of months (we have her friend's wedding to go to). Upon entering I could tell them that (the truth) and then if we fancy getting married then so be it, right?

I just want to do this as legal as possible and the information that everyone has provided has been incredibly valuable. Thanks again!

Jenniferjones101 - Your situation sounds pretty much exactly what we're looking to do It's comforting to know that someone has followed a very similar path to what we wish to tread. Your timeline looks exactly what I was hoping to see too - only 6 months from marriage to visa?! 6 months is a long time, but I was expecting more like 8-10 months of waiting. Again, very comforting to see that slightly shorter wait times have been achieved. Another question... Could your British husband visit you in the US while the visa was being processed or did you have to visit him in the UK each time?

Congratulations on your visa success!

[ceadsearc 515]

Noooooo, whatever you do, do NOT, i repeat, DO NOT tell the Immigration Officer at the US Customs that you are intending to marry your fiance. You will be deported right there and be banned from the VWP. Just tell them you're here on a "Holiday". Once you pass through, you and your fiance can get married and go on about your plans...To tell the officers your plans and intentions on marrying, you're in for some deep sh*t if you don't have a fiance visa in your hands.

This is NOT TRUE. It is true CBP might think you have immigrant intent and decide not to let you in but entering to marry on VWP is NOT illegal and will not get you banned or not let you use VWP. The risk is just that they may believe you won't return. People come to the US to marry all the time - Vegas wouldn't survive without them!

OP, don't ask don't tell. Never lie, but just answer what they ask and bring evidence you are going to return. Don't bother applying for a B-2 later. You can use VWP. B-2s are rarely approved for people who can use VWP and if you are denied you can't use either.

[pedrmass 0]

I am in exactly the same situation....been dating my gf for a year and a half, we met while i was there in college, and I have been going back around every 6 months on a VWP to see her. I proposed this past new years we talked to 2 separate immigration lawyers...one said I could come in on the VWP, get married, leave and she file the CR1, while the other said that me coming in on the VWP was too risky, that i could be turned around at the POE. he suggested that my fiancee come to meet me in portugal, get married there and then file the CR1....

I am in medical school at the moment, and was wondering if i followed what the first lawyer said, would it be possible for me to go to the US on the VWP for say a week, get married and leave? (i need to come back for school)...will they give me a problem later saying i intended on marrying when i entered the US on a VWP even though i left afterwards?

During my previous trips when the IO asked me what i was going to do in the US, i have said i was going to see my friends (which was also true because most of my closest friends are there) and when i did say i was going to see my girlfriend, the IO asked me if i intended on getting married and i said no.

I would preferentially get married in the US because most of our friends are there, and my parents would also already be there for my brothers graduation (it would be the week after the wedding).

[Alaska2012 462]

I got married on VWP and then I returned home to Sweden and my husband started the process. It is perfectly legal to do, but at stated above, don't tell them you are coming here to get married just say you are visiting your boyfriend. Cause if they find out that you are getting married they might think you will try to adjust and they can put you on the next flight back.

[inqztve 42]

This is NOT TRUE. It is true CBP might think you have immigrant intent and decide not to let you in but entering to marry on VWP is NOT illegal and will not get you banned or not let you use VWP. The risk is just that they may believe you won't return. People come to the US to marry all the time - Vegas wouldn't survive without them!

OP, don't ask don't tell. Never lie, but just answer what they ask and bring evidence you are going to return. Don't bother applying for a B-2 later. You can use VWP. B-2s are rarely approved for people who can use VWP and if you are denied you can't use either.

ceadsearc, please don't give incorrect or dangerous advise. This can get him in trouble for visa fraud. Whether it's tourist visa or VWP... it's intended for non-immigrants. If he enters US to marry someone, the act itself is showing intent to immigrate. So, if he declares this during entry while using a VWP, he will be denied entry. If he doesn't declare this then he will be committing visa fraud and USCIS may notice this during AOS. Either way he can endup in heaps of legal trouble.