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nitrous_guy

VWP and marrying

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Ive been reading it is perfectly legal for a non USC to marry a USC on a VWP, while in USA, but the non USC must leave USA before the VWP expires, the petitioner fills out the I-130 and submits in USA. ( is this done during or after the non USC leaves the country, or can be done anytime)

Is this correct?

Secondly, if the intent of visiting USA on VWP was definitely getting married, what should be answered to the CBP at POE, when questioned about purpose of visit?

And lastly, at what stage does the non USC apply for a resident visa from his home country? What forms are filled out?

Thanks

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Yeah you can marry on visa waiver as long as you dont have intent to stay if you do thats visa fraud no matter how you look at it and its illegal even though many people get away with it shame really it shouldnt be like that and should not be allowed

there are many who marry on the vwp and get denied too lets make that clear

so the honest thing to do is get married on the vwp and then come back home do all the proper paperwork and not become an illegal immigrant

hope this clears up some things for you but if you feel like doing it the honest legal way you can apply for the k1 visa its one of the safest ways

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Try this spousal visa guide, you'll find lots of information

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Cheers canadian_wife.

Can I also ask, in regards to proof of relationship, what if you meet and marry your partner for the very first time in USA, get a marriage certificate from US, beneficiary travels back to his home country and the I-130 gets filed in the US by the petitioner:

How would one proof their relationship for the USCIS defined secondary evidences, when both have met for the first time and the beneficiary has traveled back to his country after marriage?

Is the secondary evidence collected over the course of processing of a spouse visa?

Thanks

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Hopefully one would have lots of emails and phone calls before the marriage to prove a bona fide relationship. This is sent together with I-130. Without it, the petition might be considered fraudulent, esp. in the UK.


flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400 

Check my About me for the full IR-1 or N-400 timeline.

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Hopefully one would have lots of emails and phone calls before the marriage to prove a bona fide relationship. This is sent together with I-130. Without it, the petition might be considered fraudulent, esp. in the UK.

Cheers, how about in cases of arrange marriages?

Or where the custom/culture of a family is where both partners can only see their future partner for the first time, face to face only.

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Sorry, I don't know where I saw UK. I presume one should have proof of it being an arranged marriage, esp. If an agency was used. If btgh spouses belong to that culture, it should be ok.

Sorry, I don't know where I saw UK. I presume one should have proof of it being an arranged marriage, esp. If an agency was used. If btgh spouses belong to that culture, it should be ok.


flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400 

Check my About me for the full IR-1 or N-400 timeline.

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Especially in the UK? My I-130 may be an anomaly then. We were silly and we thought you only had to include supporting evidence if your basic evidence (marriage certificate etc.) wasn't up to the mark. I spent three months waiting for an RFE that never came. We were approved without it. However, we were actually married in the UK. Everyone's case is different.


I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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Speedwell,you never submitted any proof of a bona fide relationship? Previous visits, joint bank accounts, leases to both names, etc?


flying.gif 2006 - met online  | 2008 - met IRL  | 2011 - engagement  | 2012 - wedding | 2013 - IR-1 | 2014 - child | 2015 - POE | 2018 - N-400 

Check my About me for the full IR-1 or N-400 timeline.

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Cheers, how about in cases of arrange marriages?

Or where the custom/culture of a family is where both partners can only see their future partner for the first time, face to face only.

In this case, one would provide documentation of the arrangement and prior communication.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Speedwell,you never submitted any proof of a bona fide relationship? Previous visits, joint bank accounts, leases to both names, etc?

I know, crazy as a screen door on a submarine, right? My husband insisted that if we supplied the "optional" information, it might cast doubt on the solidity of the "basic" information. rolleyes.gif Notice I didn't join VJ until several weeks after I submitted the petition, lol.

We did gather all of that information and shipped it off to the NVC with the Immigrant Visa application so it could be reviewed by the embassy. We should be completely OK.

Edited by speedwell

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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I don't know about arranged marriage, but here's our case.

We met for the first time while he was here to visit. He stayed 2 months and we got married. We were married a year before we filed for AOS, and he came over on the visa waiver. We'vs had no problems at all. If your married your spouse can stay in the USA with no penalties to your case.

Although I should warn you, if its an arranged marriage, and they're entering on a VWP, that's clearly intent to marry. They will deny you if you come in on VW with intent to marry because they make a fiance visa.

Good luck.


From the time we submitted our forms till AOS approval (112 days).

 

Timeline:

January 9, 2012 : Arrived in the United States on VWP from Scotland to visit for a few months.
March 23, 2012 : Married in Pekin, IL
heart.gif
March 19, 2013 (day 1) : Forms sent into the Chicago Lockbox

March 26, 2013 (day 7) : NOA1 Reciepts for I-130, I-765, I-485; case accepted
April 4, 2013 (day 19) : Change of Address reciept
April 10, 2013 (day 25) : Biometrics appointment notice, appointment sent for April 23rd
April 15, 2013 (day 30) : RFE for I-485
April 23, 2013 (day 38) : Biometrics appointment in Naperville, IL. Super easy, no wait.
April 28 2013 (day 43) : Receipt of Evidence
May 5, 2013 (day 47) : Interview appointment to be scheduled

May 11, 2013 (day 53) : Interview set for July 9, 2013

May 27, 2013 (day 69): EAD has been ordered/sent out

June 6, 2013 (day 79): recieved EAD, applied for SSN

June 14, 2013 (day 87): Recieved SSN

July 1, 2013 (day 104): HIRED!!! (two jobs I might add!!))

July 9, 2013 (Day 112): AOS Interview @Chicago Office, APPROVED ON THE SPOT!!!

July 10, 2013 (Day 113): Illinois Drivers License!!!

July 12,2013 (Day 115): GC Production ordered

July 17, 2013 (Day 120): Green Card Recieved!!!

TWO LOVELY YEARS (July 2013 - October 2015)

October 27, 2015 (Day 1 ROC): Sent ROC packet with fee waiver and late explaination

November 11, 2015 (Day 15 ROC): Packet Denied based on lack of evidence for fee waiver

December 22nd, 2016 (Day 1 restart ROC): Packet resubmitted with better evidence

January 23rd, 2017 (Day 32 since restart ROC): Packet accepted and fee waiver approved

 

mbpndc.jpg

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So your husband came over the last time and told cbp "I'm going to live with my wife?" Or was it a case of "oh darling I can't leave you, I want to stay!" After the fact?

Many people have no problems marrying on VWP. Intent to marry is not an issue. Intent to stay, is. Cbp always presumes you want to stay. You convince them you're not.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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It doesn't add up. He came on a visit, and then stayed 2 months, and then married you, and then stayed a year, and then filed for AOS. All on a 90-day visa waiver.


I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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