VWP and marrying

[Ms Hogan 295]

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.

Did YOUR spouse come with the intent to stay? I'm confused by your post. Did you meet in person for the first time on that visit meaning you already knew each other previously but hadn't met face to face? Or was this entirely your first meeting of any type? Because if your spouse came planning to marry you with the intent to stay in the country then that is considered fraud if I'm not mistaken. If you met for the first time while they were visiting the country (not you specifically) and then you got married and they stayed that is different than what the OP is asking about.

If I'm reading correctly, OP is coming to marry their spouse while in the U.S. on a visit and then go back. This is exactly what I did. We got married in New York and then I went back to Canada to wait out the process. The intent to marry their spouse is fine, as long as they say they're leaving once the marriage/honeymoon/visit has completed. But you can't show up at the border and say you're coming in to meet up with your fiance and get married and stay. You can get married on a visit but you're supposed to go back to your native country to wait out the process.

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 confused too.

[Ivy. 113]

If your married your spouse can stay in the USA with no penalties to your case.

As far as I know, your post is not correct. A spouse that enters the US with the intent to stay commits visa fraud just like anyone else.

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.

It is not visa fraud to marry on VWP or some kind of non-immigrant visa. It is visa fraud to enter with intent to immigrate. One can enter, get married, leave and do everything legally.

Edited May 18, 2013 by Ivy.

[Brit Abroad 166]

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.

There is no problem with entering to get married. Millions do this in Vegas, correct? The issue is entering and getting married with the intent of STAYING in the US and adjusting status from visitor to spouse.

OP, provided you show strong ties in your home country (letter from employer stating you are on leave only and will return to work on X date is helpful) including ongoing expenses related to a home (rent, mortgage, utility bills) there shouldn't be an issue with being admitted to the US; although you may be asked quite a few questions and reminded none-too-gently that you must leave by the date written on your green I-94 slip (that gets stapled into your passport).

[Boiler 43,401]

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.

I do not remember ever seeing such a case here, and from Australia?

[nitrous_guy 23]

I do not remember ever seeing such a case here, and from Australia?

You assume that, but what if the couple in question are religious

[nitrous_guy 23]

And plus, the intent really inst too marry 100%, but marry yes if you liked the other half, and definitely leave the country before the 90 days.

[Boiler 43,401]

Plenty of people in the US are religious.

[Ash & Tiffany 4]

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

i entered america on the VWP in october last year and i got married a few days later. there is no restriction against getting married to a US citizen on the VWP, you just cant get married and expect to stay there. i got married, come back to australia and my wife filed an i-130. everything has gone smoothly and i havent hit any speed bumps. USCIS and NVC stages were really quick and my interview is 18th june.

just tell them you're visiting your fiance(e) (if you're already engaged) which is the truth, and take documents with you that prove you have significant ties to australia (employment verification, rental lease etc). i did that and it was fine. he asked me a few questions but i didnt have to show any documents. they are "just in case".

i would wait til you leave before the i-130 is filed, just to be safe.

you'll be fine as long as you come back before your 90 days.

[britishdakota 18]

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.

Why especially the UK? It is considered a low risk country for marriage fraud is it not? Also easier to provide evidence and documents as already in English.

[speedwell 224]

Why especially the UK? It is considered a low risk country for marriage fraud is it not? Also easier to provide evidence and documents as already in English.

Don't worry about it. See my experience earlier in the thread.