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SteveRD

Getting married on VWP - proof of intent to leave US afterwards?

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Hi everyone, my first post here so thanks in advance for your advice.

I would like to know what people's experience has been travelling to the US to marry under the Visa Waiver Program (VWP), with intention to leave the US afterwards.

Specially, how did you prove your intent to return to your place of residence after the wedding (i.e. within 90 days)?

My situation is as follows:

· I am a New Zealander engaged to a US citizen. We currently live in a third country (Kenya).

· I've looked at the options, and the best approach for me appears to be (i) enter under the VWP, (ii) get married and (iii) leave the US, all within one month.

· I intend to be fully honest / transparent with the customs & borders officials and state my intention to get married while in the US.

· I understand that this is legal to do on the VWP, but that you need to prove your intention to return to you place of residence (i.e. no intention to immigrate to the US).

· My circumstances are complicated by the fact that I have limited evidence of permanent residence in Kenya (e.g. our house is provided by my fiancee's employers, and I work on a freelance basis).

I intend to provide the following documents as evidence:

· Return tickets to Kenya

· My bank account in Kenya (with a significant balance, i.e. not empty)

· The certificate of incorporation for a consulting company I have established in Kenya (though this is not yet operational)

· My investor permit/visa for Kenya

· A letter from my fiancee's employers explaining our housing circumstances, i.e. acknowledging that we co-habitate but that my name is not on any documentation.

So my questions are:

(1) Does this sound like sufficient proof of intent to leave the US after getting married? and

(2) What other steps could I take to satisfy the customs and border officials that I intend to leave the US?

Many thanks for your comments.

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~~Moved to Tourist Visas from K1 Process and Procedures. - As the OP is looking to visit not immigrate at this time.~~

Edited by Ontarkie

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Why even bother to offer the plan? Do they ask what you are visiting for when you enter on VWP?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Why even bother to offer the plan? Do they ask what you are visiting for when you enter on VWP?

Hi, yes in my experience they ask everytime. For example, "why are you coming to the United States?" or something similar.

I understand that I don't need to offer information they don't ask for, but if I don't mention that I am getting married and they subsequently ask "are you getting married?" then it will not look good on my part.

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If asked you can tell the CBP officer that you're coming in to marry and that you have plans to leave. You can also inform the officer that you know that you would be committing immigration fraud if you were lying and offer to sign a statement to that effect.


So my questions are:

(1) Does this sound like sufficient proof of intent to leave the US after getting married? and

(2) What other steps could I take to satisfy the customs and border officials that I intend to leave the US?

Many thanks for your comments.


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From my experience, they never ask follow up questions after I say "visiting my fiance" other than "can I see your return ticket".

I would not offer an excess of information unless asked. This can sometimes be more of a hinderance than a help.

This is just my personal experience/opinion.

Good luck!


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Why make an issue of it?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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From my experience, they never ask follow up questions after I say "visiting my fiance" other than "can I see your return ticket".

I would not offer an excess of information unless asked. This can sometimes be more of a hinderance than a help.

This is just my personal experience/opinion.

Good luck!

Thanks everyone (and sorry for the delay, I must have switched off my notifications).

Pheebs, that's good to know.

And no, I have no plan to volunteer unnecessary information (unless asked). This is all contingency planning in the event that I am asked!

Cheers, Steve

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Thanks everyone (and sorry for the delay, I must have switched off my notifications).

Pheebs, that's good to know.

And no, I have no plan to volunteer unnecessary information (unless asked). This is all contingency planning in the event that I am asked!

Cheers, Steve

I did what you want to do. When I came in I said I was visiting my fiancé. The officer asked how long, I said two weeks. I was stamped in right away (or rather, when he finished staring at his screen while doing nothing for about 30 seconds).


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

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March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

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I did what you want to do. When I came in I said I was visiting my fiancé. The officer asked how long, I said two weeks. I was stamped in right away (or rather, when he finished staring at his screen while doing nothing for about 30 seconds).

Thanks for sharing your experience, it's good to know - I'm sure I'm over thinking this.

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