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ANAGojira

Question Re: Marriage Before Filing

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Hello, I am new to this forum and appreciate some of the info I have found so far. My fiance and I are weighing our options and considering getting married in the US during her next visit. She will then return home and we will begin the filing for a spouse visa. I am a US citizen and she is a German national who will be here (Visa Waiver) for a visit. I am wondering if this is legal/permissable/advisable considering our other options?

Edited by ANAGojira

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Certainly possible using the VWP.


“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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Hey, I would be careful about this. If she says she is here on a tourist visa but it is clear she is here to get married, then the USCIS is likely to perceive that as visa fraud. I would definitely NOT assume that it's ok.

don't scare the OP with mis-information. people have destination weddings all of the time. Just be honest, and bring ties to Germany when entering in case they ask.

OP, it sounds like you already have your plan in mind! Congratulations, and with a spousal visa, they can work as soon as they arrive, which for a lot of people is a huge factor. For busy-bodies, there is nothing worse than sitting at home for many months on end waiting for AOS to be approved after a K-1 wedding. The downside is that the visa may take a bit longer to process, and that you would be apart after marriage.


07-17-2009 I-129F sent

07-22-2009 NOA1 date

07-24-2009 check cleared

07-30-2009 NOA1 received via snail mail

10-14-2009 NOA2 (we were around #187 on Igor's List)

12-30-2009 Interview in Madrid!

02-01-2010 Visa in Hand - finally!

03-08-2010 POE Orlando, FL

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don't scare the OP with mis-information. people have destination weddings all of the time. Just be honest, and bring ties to Germany when entering in case they ask.

OP, it sounds like you already have your plan in mind! Congratulations, and with a spousal visa, they can work as soon as they arrive, which for a lot of people is a huge factor. For busy-bodies, there is nothing worse than sitting at home for many months on end waiting for AOS to be approved after a K-1 wedding. The downside is that the visa may take a bit longer to process, and that you would be apart after marriage.

Thanks for the responses. I do not want her to go insane from boredom so we figured the Spouse Visa would be a great way to show up and hit the ground running so to speak. Our plan is to have a small ceremony, then have her fly back to Germany after filing the necessary paperwork so we can get started. Most information I see on the VWP seems to imply that there are big problems if we were to say marry and then she remains here. My biggest concern, though, is her getting blocked from entry and then we get to deal with trying to figure out how to cope with visa fraud/whatever other nasty penalties they can cook up.

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Thanks for the responses. I do not want her to go insane from boredom so we figured the Spouse Visa would be a great way to show up and hit the ground running so to speak. Our plan is to have a small ceremony, then have her fly back to Germany after filing the necessary paperwork so we can get started. Most information I see on the VWP seems to imply that there are big problems if we were to say marry and then she remains here. My biggest concern, though, is her getting blocked from entry and then we get to deal with trying to figure out how to cope with visa fraud/whatever other nasty penalties they can cook up.

Yes, you don't want your new bride going insane. Just have her bring plenty of ties to her country (proof to return to work/school, etc). One thing you have on your side is that Germany was awarded best country in the world to live (ie, definitely not a high fraud country). If you can find a way for ME to move THERE, please let me know. Also, if they do ask more questions, just the fact that you have it planned out, and just for the reason that she wouldn't stay in the country, she would go nuts without work, and she has a good job/school that is keeping her busy and occupied, while at the moment, there is nothing for her to do in the US, until you get the properly filed spousal visa filed/approved after your wedding, and she would be happy to be able to work right away. Good luck!


07-17-2009 I-129F sent

07-22-2009 NOA1 date

07-24-2009 check cleared

07-30-2009 NOA1 received via snail mail

10-14-2009 NOA2 (we were around #187 on Igor's List)

12-30-2009 Interview in Madrid!

02-01-2010 Visa in Hand - finally!

03-08-2010 POE Orlando, FL

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Thanks for the responses. I do not want her to go insane from boredom so we figured the Spouse Visa would be a great way to show up and hit the ground running so to speak. Our plan is to have a small ceremony, then have her fly back to Germany after filing the necessary paperwork so we can get started. Most information I see on the VWP seems to imply that there are big problems if we were to say marry and then she remains here. My biggest concern, though, is her getting blocked from entry and then we get to deal with trying to figure out how to cope with visa fraud/whatever other nasty penalties they can cook up.

Yes, there would be big problems if you intend to marry and then your fiancee/wife remains in the States after entering as a visitor. This is not your plan, however. Since your fiancee will return to Germany after the wedding, marrying while she is a visitor is totally fine.

What the CBP officer will think is a valid concern, as your fiancee could be denied entry if the officer decides that she has immigrant intent. In case her intent to leave is questioned - it may or may not be, who knows - she can bring ample evidence of her plans to return to Germany. Check out the "Yes you can visit" threads pinned at the top of this board and the K-1 board for examples.


2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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People from VWP countries rarely have issues visiting the USA. She should bring proof of her ties to Germany, in case she is asked for them, and should be honest and concise when dealing with the CBP. Answer their questions but you do not have to have verbal diarrhea or volunteer more information than is asked.


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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