VWP and marrying

[nitrous_guy 23]

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

[chrisclassic 14]

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

[nitrous_guy 23]

Thanks chrisclassic, just the answer I was looking for.

What documents would the spouse need to file in his home country, after getting a marriage certificate from US?

Thanks

[canadian_wife 1,791]

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

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

good luck

[nitrous_guy 23]

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

[Ivy. 113]

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.

[nitrous_guy 23]

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.

[Ivy. 113]

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.

[speedwell 224]

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.

[Ivy. 113]

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

[canadian_wife 1,791]

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

[speedwell 224]

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. 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 May 18, 2013 by speedwell

[ClydesdaleCouple 75]

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.

[NikLR 13,220]

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.

[speedwell 224]

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.