VWP with intent to marry

[inqztve 42]

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!!

[a] Illegal/Inadmissible (constitutes visa fraud if you don't declare; if you do declare, you will be denied entry as VWP is intended for non-immigrant purposes only)

Best option.

[inqztve 42]

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.

It's NOT legal to enter US with non-immigrant credential but with intent to immigrate (get married). It can get you in trouble. Just because you got away with it, doesn't mean it's either legal or advisable. He has a better no-risk alternative. Why not take it?

However, it's possible that one enter US under VWP with no intent to marry but then changes his/her mind and get married. That would be legal. however, that is certainly not the case for OP.

[Alaska2012 462]

To get married on VWP is NOT Illegal!! Staying here after to adjust is!! If you get married on VWP and leave to go back to your home country and start the process you have done nothing illegal.

Inqztve: I didn't get away with it, it is perfectly legal so there is nothing to get away with. Before I came over here last year to marry my husband I even double checked with the embassy in my country and with uscis. And I got the same answer, it is not illegal BUT if the customs finds out and you can't prove that you have will return home after you might not be let in. But to marry on VWP is not illegal.

[happyblah 1]

To get married on VWP is NOT Illegal!! Staying here after to adjust is!! If you get married on VWP and leave to go back to your home country and start the process you have done nothing illegal.

Inqztve: I didn't get away with it, it is perfectly legal so there is nothing to get away with. Before I came over here last year to marry my husband I even double checked with the embassy in my country and with uscis. And I got the same answer, it is not illegal BUT if the customs finds out and you can't prove that you have will return home after you might not be let in. But to marry on VWP is not illegal.

Actually filing for fiance visa would be the ideal .Its faster than wife visa and wont have troubles with fraud or wrong intentions.You cant lie at the port of entry though. If you are asked at POE or embassy and you lied it is fraud and will bite you later. It is not illigal to get married and return but if asked it is illigal to lie.If not asked than no problem.

Edited January 15, 2013 by happyblah

[Alaska2012 462]

Actually filing for fiance visa would be the ideal .Its faster than wife visa and wont have troubles with fraud or wrong intentions.You cant lie at the port of entry though. If you are asked at POE or embassy and you lied it is fraud and will bite you later. It is not illigal to get married and return but if asked it is illigal to lie.If not asked than no problem.

True, you should never lie. But then again not once when I was over here visiting my now husband was i asked if i was getting married. And I went over here quite a few times before we actually did get married. But my point was and still is, it is not illegal to get married on VWP like some people say it is. What you do after you marry is what matters...

[blankmedia 41]

The Border Agents will likely ask how long you intend to stay and who you are visiting, and maybe something about what you are bringing in. There is no need to volunteer specifics about the trip.

[N-o-l-a 7,167]

To get married on VWP is NOT Illegal!! Staying here after to adjust is!! If you get married on VWP and leave to go back to your home country and start the process you have done nothing illegal.

Inqztve: I didn't get away with it, it is perfectly legal so there is nothing to get away with. Before I came over here last year to marry my husband I even double checked with the embassy in my country and with uscis. And I got the same answer, it is not illegal BUT if the customs finds out and you can't prove that you have will return home after you might not be let in. But to marry on VWP is not illegal.

:thumbs:

Actually filing for fiance visa would be the ideal .Its faster than wife visa and wont have troubles with fraud or wrong intentions.You cant lie at the port of entry though. If you are asked at POE or embassy and you lied it is fraud and will bite you later. It is not illigal to get married and return but if asked it is illigal to lie.If not asked than no problem.

I don't know where you got the information that it is faster because it isn't. On top of it being slower is also that you must wait for the EAD and AP after getting married when in America. In my opinion, the CR1 also affords the immigrant protections against a potentially abusive spouse or bad situation that a K1 does not. If I were to be an immigrant to America, I'd want the CR1 to better protect me, but to each their own.

[inqztve 42]

To get married on VWP is NOT Illegal!! Staying here after to adjust is!! If you get married on VWP and leave to go back to your home country and start the process you have done nothing illegal.

Inqztve: I didn't get away with it, it is perfectly legal so there is nothing to get away with. Before I came over here last year to marry my husband I even double checked with the embassy in my country and with uscis. And I got the same answer, it is not illegal BUT if the customs finds out and you can't prove that you have will return home after you might not be let in. But to marry on VWP is not illegal.

Alaska: You are right. What you did was perfectly legal. My bad.

Marriage by itself doesn't show intent to immigrate. AOS does. So, it's still illegal to enter on VWP with the intent to file AOS after getting married during the 90 day period. However, it maybe hard for USCIS to prove that intent. OP's original question was "Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'? " Answer to that is "No, because that would violate the conditions set by VWP".

There is additional bad news that there is no appeal if AOS is denied. One gives up that right to appeal as part of terms of VWP. Also, if he is denied entry at the POE by CBP when he declares his intent to get married, how is that going to affect his chances of a future immigrant visa or AOS? I don't know the answer to that for sure but an educated guess would be at least not positively.

So, given all that, why not just take the option B and come here on the fiance visa or the CR-1 route. This would be the most unambiguously legal way (hence the safest) to do it and one has the right to appeal if something goes wrong.

Edited January 15, 2013 by inqztve

[caly 48]

To get married on VWP is NOT Illegal!! Staying here after to adjust is!! If you get married on VWP and leave to go back to your home country and start the process you have done nothing illegal.

You can visit, get married and even start the CR-1 process (by sending off the I-130 package) while you are here on the VWP.

What you cannot do is enter on the VWP intending to get married and adjust status. This would be immigration fraud.

Edited to add: That being said, it's never a good idea to have your important documents (like your birth cert) with you.. even if it is to give them to your spouse/fiance for safekeeping for later in the immigration process. Having important documents with you that you wouldn't usually travel with can come across as immigration intent if they are discovered.

Edited January 15, 2013 by caly

[ValerieA 350]

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.

ceadsearc is the one who is correct, it is NOT illegal to enter on a non-immigrant visa and get married. I did it. We re-entered Canada the next day, so I could get back to my job, my life, etc. Obviously I did not have immigrant intent. Many people have done this. What is illegal is HAVING INTENT TO IMMIGRATE when entering on a non-immigrant visa. If they simply don't ask you, there is no reason to offer the particulars of your trip.The OP saying he is coming for a friend's wedding would be the truth. Omission is not lying.

So please don't give incorrect advise. ceadsearc has been on this forum for quite a while now and has proven themselves to be quite knowledgeable.

[inqztve 42]

ceadsearc is the one who is correct, it is NOT illegal to enter on a non-immigrant visa and get married. I did it. We re-entered Canada the next day, so I could get back to my job, my life, etc. Obviously I did not have immigrant intent. Many people have done this. What is illegal is HAVING INTENT TO IMMIGRATE when entering on a non-immigrant visa. If they simply don't ask you, there is no reason to offer the particulars of your trip.The OP saying he is coming for a friend's wedding would be the truth. Omission is not lying.

So please don't give incorrect advise. ceadsearc has been on this forum for quite a while now and has proven themselves to be quite knowledgeable.

Valerie: I agree with you that "it is NOT illegal to enter on a non-immigrant visa and get married." and "What is illegal is HAVING INTENT TO IMMIGRATE when entering on a non-immigrant visa.". I was incorrect to say the marriage itself shows intent to immigrate.

However, one of the questions OP had was "Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?" The answer to that is "No" because just the marriage is not immigrant intent, apply for AOS is. So, in this scenario OP would be entering with immigrant intent under VWP. While "Omission is not lying" withholding immigrant intent while entering with non-immigrant credential CAN (not necessarily will but still can) still get him in trouble specially when he would not have the right to appeal for a denied AOS under VWP. Is it worth the risk when there is a no-risk alternative such as the fiance visa?

Edited January 15, 2013 by inqztve

[Xanax 349]

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:

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!!

Both your options OP are sound.

Entering on the VWP to get married is NOT illegal and not fraud.

OP, please do not listen to those who say it is.

The VWP is a non-immigrant visa which means you cannot enter on it with the intent to stay but your idea is perfectly fine and legal. It is kind of like you are going to get married, have a little honeymoon and then return home to tie up loose ends and wait for your CR-1 to be approved and that is absolutely fine! Doing things this way will actually ensure once you enter the US you will have your GC and you will not need to go through the AOS process and you could work straight away, get a drivers license etc etc.

Similarly, the K-1 visa option is fine too. You can also continue to visit your fiance(e)on the VWP while waiting for your CR-1 or K-1 so that is definitely an advantage for you as a VWP country citizen.

However OP, you cannot enter on the VWP with the intent to marry and stay and adjust status. That IS visa fraud. But I didn't even see you ask about that!

Edited January 15, 2013 by Xanax

[Harpa Timsah 13,258]

Inqztve you are the one with the misinformation. You do not need a special visa to marry in the US.

[inqztve 42]

Inqztve you are the one with the misinformation. You do not need a special visa to marry in the US.

Harpa, when did I say one needs a special visa to marry in the US? I am only pointing out that if want to marry and subsequently want to adjust status, best option is to get the fiance visa if you are outside of the country. Why is that misinformstion?

BTW, I married when I was on H1-B.

Edited January 15, 2013 by inqztve

[inqztve 42]

However OP, you cannot enter on the VWP with the intent to marry and stay and adjust status. That IS visa fraud. But I didn't even see you ask about that!

Xanax: one of the questions OP asked was "Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?" From that my guess was that one of the options OP was considering was to "enter on the VWP with the intent to marry and stay and adjust status."

OP, if that was an incorrect assumption on my part, I am sorry for the confusion.