Where to get married?

[ninafinaa 0]

I'm from Norway and my fiance is American, we want to get married in America and then apply for the CR1 Visa. But how do we get married if it's illegal to get married while I'm on the Visa waiver program? How do we marry legally in the United States, without going through the K1 (fiance) visa process? We want to apply for the CR1 Visa because we have heard it's faster and cheaper. I appreciate all answers

I forgot to say that to apply for the CR1 (Spouse) Visa, you have to be married (right), but how do we get married if it's illegal to get married while on the Visa waiver program.

[lost_at_sea 995]

I'm from Norway and my fiance is American, we want to get married in America and then apply for the CR1 Visa. But how do we get married if it's illegal to get married while I'm on the Visa waiver program? How do we marry legally in the United States, without going through the K1 (fiance) visa process? We want to apply for the CR1 Visa because we have heard it's faster and cheaper. I appreciate all answers

I forgot to say that to apply for the CR1 (Spouse) Visa, you have to be married (right), but how do we get married if it's illegal to get married while on the Visa waiver program.

It's entirely legal to marry in the USA whenever you like, however you like (including on VWP). People get married all the time in the States, who are from abroad, but the clincher is that they go home after the marriage before their tourist visa expires. What's not legal is marrying on a tourist visa with the intent to not go home when your tourist visa expires.

If you want to marry in the USA, do so, but then you should return to Norway and follow this guide to file for your I-130 petition and then CR-1 visa: http://www.visajourney.com/content/i130guide1

The reason people do the K1 is it is a legal means for someone to marry in the US and then also adjust their status to immigrant without leaving the country.

Edited June 5, 2013 by lost_at_sea

[Tygrys 143]

It is NOT illegal to marry on VWP.

[ninafinaa 0]

It's entirely legal to marry in the USA whenever you like, however you like. What's not legal is marrying on a tourist visa with the intent to not go home when your tourist visa expires.

If you want to marry in the USA, do so, but then you should return to Norway and follow this guide to file for your I-130 petition and then CR-1 visa: http://www.visajourney.com/content/i130guide1

The reason people do the K1 is it is a legal means for someone to marry in the US and then also adjust their status to immigrant without leaving the country.

Thank you so much for your answer! Of course I am gonna leave when my tourist visa expires, that's always been the plan, and I would never overstay the 3 months. For some reason I thought it was illegal to get married at all, not only if you have no intention of going home. So if we get married while I'm on my tourist visa, I go home after 3 months, stay home for a bit, can I get back and then we start the process of applying for the CR1 Visa?

[lost_at_sea 995]

Thank you so much for your answer! Of course I am gonna leave when my tourist visa expires, that's always been the plan, and I would never overstay the 3 months. For some reason I thought it was illegal to get married at all, not only if you have no intention of going home. So if we get married while I'm on my tourist visa, I go home after 3 months, stay home for a bit, can I get back and then we start the process of applying for the CR1 Visa?

Yep! You can start the process the very day after you're married if you want. Your new husband (exciting! congrats!) sends off the first part (the I-130 package, noted in the guide link above) and that's the first step. So long as you are home before your tourist visa expires, that's fine.

What I would say, though, is on your way into the US for your wedding trip that you carry some documentation with you to show that you're going home after the marriage - they can be suspicious and may deny your entry if they don't believe you're going to go home again - return flight details, evidence to ties back home (like a rental agreement, job etc.) - that sort of thing.

[Tygrys 143]

You may also research what documents you will need to apply for a marriage license.

Licenses are issued by county clerks and if your fiance is from LV, here is the link pertaining to Clark County, NV:

http://www.clarkcountynv.gov/depts/clerk/services/pages/marriagelicenses.aspx

[ninafinaa 0]

Yep! You can start the process the very day after you're married if you want. Your new husband (exciting! congrats!) sends off the first part (the I-130 package, noted in the guide link above) and that's the first step. So long as you are home before your tourist visa expires, that's fine.

What I would say, though, is on your way into the US for your wedding trip that you carry some documentation with you to show that you're going home after the marriage - they can be suspicious and may deny your entry if they don't believe you're going to go home again - return flight details, evidence to ties back home (like a rental agreement, job etc.) - that sort of thing.

Thank you so much for taking the time to write me back, feels so good that finally somebody are able to answer my questions

I will definitley keep that in mind, and bring documentation to prove that I am going back home.

There's one more thing I am wondering about, after we have gotten married, and I've been back home, I'm gonna go back there again, after the CR1 application has been sent, can I stay there until the application has been approved? How do I prove that?

You may also research what documents you will need to apply for a marriage license.

Licenses are issued by county clerks and if your fiance is from LV, here is the link pertaining to Clark County, NV:

http://www.clarkcountynv.gov/depts/clerk/services/pages/marriagelicenses.aspx

Thank you so much I was just about to ask that! Yes, he lives in LV.

[UK-USA-K1 128]

It's entirely legal to marry in the USA whenever you like, however you like (including on VWP). People get married all the time in the States, who are from abroad, but the clincher is that they go home after the marriage before their tourist visa expires. What's not legal is marrying on a tourist visa with the intent to not go home when your tourist visa expires.

If you want to marry in the USA, do so, but then you should return to Norway and follow this guide to file for your I-130 petition and then CR-1 visa: http://www.visajourney.com/content/i130guide1

The reason people do the K1 is it is a legal means for someone to marry in the US and then also adjust their status to immigrant without leaving the country.

Wouldn't have said it any differently.

[lost_at_sea 995]

Thank you so much for taking the time to write me back, feels so good that finally somebody are able to answer my questions

I will definitley keep that in mind, and bring documentation to prove that I am going back home.

There's one more thing I am wondering about, after we have gotten married, and I've been back home, I'm gonna go back there again, after the CR1 application has been sent, can I stay there until the application has been approved? How do I prove that?

No - you don't get any special favours just because you're in a visa process. If you want to go and visit, that's cool, but it'll still be under the VWP so all the same principles apply.

Read the guides and get an idea of all the steps involved. Once you're married, your husband is going to file the I-130 for you - it's going to take a few months for that to get approved. At current rates, think 5 - 7 months. Once that is approved, USCIS via the NVC will send paperwork to your local consulate in Norway where you'll be invited to apply for the actual CR-1 visa - that'll take another 2 - 5 months (you'll have to attend a medical and an interview at this stage, both in Norway). The process is long! So you'll be able to keep visiting back and forth (so long as you do so within the terms of the tourist visa) but you won't be able to stay until the I-130 and CR-1 processes are completed.

Edited June 5, 2013 by lost_at_sea

[UK-USA-K1 128]

Thank you so much for your answer! Of course I am gonna leave when my tourist visa expires, that's always been the plan, and I would never overstay the 3 months. For some reason I thought it was illegal to get married at all, not only if you have no intention of going home. So if we get married while I'm on my tourist visa, I go home after 3 months, stay home for a bit, can I get back and then we start the process of applying for the CR1 Visa?

You will have to be in your home country to go through the interview process. You should be able to enter for visits on the VWP if you have strong enough ties showing you will go home, but a part of the process is that you be interviewed at the embassy of your home country, so you will have to be back there for this, and not in this country. Basically you can visit, but you can't live here while waiting for your visa. Hope that made sense

[ninafinaa 0]

You will have to be in your home country to go through the interview process. You should be able to enter for visits on the VWP if you have strong enough ties showing you will go home, but a part of the process is that you be interviewed at the embassy of your home country, so you will have to be back there for this, and not in this country. Basically you can visit, but you can't live here while waiting for your visa. Hope that made sense

It made a lot of sense, thank you I was hoping it would be possible to do the interview in America, because unfortunatley the American embassy in Norway doesn't do immigrant visas (only non immigrant visas), so I will have to go to Stocholm, Sweden then, which is rather far from where I currently live.

[Darnell 8,478]

I'm from Norway and my fiance is American, we want to get married in America and then apply for the CR1 Visa. But how do we get married if it's illegal to get married while I'm on the Visa waiver program?

It's not illegal to get married in the USA whilst IN the USA on the VWP, at all.

[ninafinaa 0]

It's not illegal to get married in the USA whilst IN the USA on the VWP, at all.

I know that now, but for some reason I always thought it was illegal, and that you could get deported. But I'm glad that wasn't true! And I have no intentions of overstaying my VWP.

[UK-USA-K1 128]

It made a lot of sense, thank you I was hoping it would be possible to do the interview in America, because unfortunatley the American embassy in Norway doesn't do immigrant visas (only non immigrant visas), so I will have to go to Stocholm, Sweden then, which is rather far from where I currently live.

If your wedding plans aren't already locked in and paid for, you could look into the fiance visa (K-1) it works in a similar fashion to the spousal visa, but you don't get married until you come over here. It is considered a non immigrant visa and may get you an interview closer to where you live and be a little less hassle.

I have no idea if this is even feasible for your personal situation, but thought I'd mention it in case you hadn't considered it yet

[ninafinaa 0]

If your wedding plans aren't already locked in and paid for, you could look into the fiance visa (K-1) it works in a similar fashion to the spousal visa, but you don't get married until you come over here. It is considered a non immigrant visa and may get you an interview closer to where you live and be a little less hassle.

I have no idea if this is even feasible for your personal situation, but thought I'd mention it in case you hadn't considered it yet

We were thinking about it at first, but we have heard that it's better to do the CR1- Visa (cheaper and takes less time).

The embassy in Oslo only do interviews for the following:

• students (F or M visas)
• exchange program participants (J visas)
• work petition beneficiaries (H, L, or P visas) who need to report to a U.S. educational institution or employer by a certain date, and
• medical emergencies

So I guess I will have to go to Sweden no matter what Visa we apply for.