Is our plan legal / good? Ceremony in UK, official marriage in US under WVP, return home and file for CR1...

[Chris and ZhiJia 146]

Chris,

I thought it was legal to marry on a tourist visa as long as the foreign person went home afterwards and didn't attempt to adjust status?

It may very well be legal, i am no expert, I welcome anyone else to chime in.

[Devonian 20]

The UK Marriage Visitor Visa is not working for us, for these reasons:

- You need to get married 6 months after you enter the UK.

- We plan for him to visit over Xmas and then return to the US, before coming back to the UK in the summer to marry me

- However, the visa is 'activated' from the first visit which means the 6 month 'marriage period' isn't long enough

- We can't marry any earlier than later June/July as I have exams

Call me daft but a UK marriage visa is valid for a stay of up to six months, not for marriage after a six month period!

From Gov site...

'You can use this visa to marry or enter into a civil partnership in the UK:

• within 6 months of your arrival'

If you want to have a ceremony in the summer why not get married in a registry office in the winter when he's here? (I may be wrong but I think you are both required to give 28 days notice in person at a registry office but have lived in the district for at least 7 days).

You can apply for the marriage visa up to a maximum of three months in advance (Apply today and he'd have to be in the UK [or is that marry?] before Christmas Eve) and it usually takes 3 weeks to be approved.

Then after your Registry office wedding file start your CR-1 Process by filing an I-130 (he does that bit) then get him back in the summer and have a 'wedding ceremony' with everyone that needs to be there

Edited September 24, 2015 by Devonian

[Petrus 1]

Call me daft but a UK marriage visa is valid for a stay of up to six months, not for marriage after a six month period!

From Gov site...

'You can use this visa to marry or enter into a civil partnership in the UK:

• within 6 months of your arrival'

If you want to have a ceremony in the summer why not get married in a registry office in the winter when he's here? (I may be wrong but I think you are both required to give 28 days notice in person at a registry office but have lived in the district for at least 7 days).

You can apply for the marriage visa up to a maximum of three months in advance (Apply today and he'd have to be in the UK [or is that marry?] before Christmas Eve) and it usually takes 3 weeks to be approved.

Then after your Registry office wedding file start your CR-1 Process by filing an I-130 (he does that bit) then get him back in the summer and have a 'wedding ceremony' with everyone that needs to be there

Sorry if my wording confused you, what I meant was you need to get married within 6 months. Our issue is he needs to have the visa to give notice of the marriage this winter visit. (As he's visiting then, it will be classed as him entering the UK on that marriage visa, regardless if we decide to actually get married during that visit.) We want to wed in June/July, which is more than 6 months after his entry date into the UK and so the visa would be expired.

We can't marry in a registry office as it takes 28 days to give notice and he can't stay here that long...

Regardless, thank you for your advice.

[JayMain626 21]

Chris,

I thought it was legal to marry on a tourist visa as long as the foreign person went home afterwards and didn't attempt to adjust status?

Hay,

Just thought I would let you know how my situation played out. Bit of background I'm in the army and my wife is American. We decided to go Down the cr-1 route as I had to give 12 months notice that I was leavening the army so the timeline matched up. We organised our wedding in the U.S. And I travelled on VWP and got married then we had our honey moon had had second party/reception in the UK after. After this we sent out I-130 in October and my visa is in the post coming today Hopefully! So our situation is kinda like yours sept the other way round.

Advice I would give is when you travel to get married which is perfectly legal. Just make sure you have as much proof of cing home as you can. Rental agreement etc. it was easy for me because I said I was in the army. But I would only answer the questions they ask.

This is how my conversation went,

What are you doing here in the U.S.? Visiting My girlfriend

Oh you where here a few months ago? And before that. Are things getting serious? Yeah kinda.

Are you going to get married? Yeah

Are you getting married on this trip? Yeah

Can I see your return ticket? I showed him then told him out plans for the honeymoon etc and he smiled and let me through.

You can try avoid the questions and but if they flat out ask you you must tell the truth. Just answer what they ask you honestly try not to talk to much cod it leads to other questions. you will be fine. Make sure you have a return ticket and only take enough luggage for the length of your trip.

It was nerve racking for me because we had payed a lot of money for the wedding and I could be refused entry. But it all went fine so there is nothing to worry about really. I hope this helps

[2ndMessiah 184]

Hay,

Just thought I would let you know how my situation played out. Bit of background I'm in the army and my wife is American. We decided to go Down the cr-1 route as I had to give 12 months notice that I was leavening the army so the timeline matched up. We organised our wedding in the U.S. And I travelled on VWP and got married then we had our honey moon had had second party/reception in the UK after. After this we sent out I-130 in October and my visa is in the post coming today Hopefully! So our situation is kinda like yours sept the other way round.

Advice I would give is when you travel to get married which is perfectly legal. Just make sure you have as much proof of cing home as you can. Rental agreement etc. it was easy for me because I said I was in the army. But I would only answer the questions they ask.

This is how my conversation went,

What are you doing here in the U.S.? Visiting My girlfriend

Oh you where here a few months ago? And before that. Are things getting serious? Yeah kinda.

Are you going to get married? Yeah

Are you getting married on this trip? Yeah

Can I see your return ticket? I showed him then told him out plans for the honeymoon etc and he smiled and let me through.

You can try avoid the questions and but if they flat out ask you you must tell the truth. Just answer what they ask you honestly try not to talk to much cod it leads to other questions. you will be fine. Make sure you have a return ticket and only take enough luggage for the length of your trip.

It was nerve racking for me because we had payed a lot of money for the wedding and I could be refused entry. But it all went fine so there is nothing to worry about really. I hope this helps

You do know that after you marry the US citizen in the USA, you become an immediate relative. This means you can adjust status in country by filing an !-130 and I-485 concurrently. You just cant leave until it is all processed.

[JayMain626 21]

You do know that after you marry the US citizen in the USA, you become an immediate relative. This means you can adjust status in country by filing an !-130 and I-485 concurrently. You just cant leave until it is all processed.

Not true if you enter the USA with the intention of getting married and stay to adjust status it is visa fraud, and you whould have to prove that you did not enter with this intention.

That is why the K-1 visa exists

[Petrus 1]

Not true if you enter the USA with the intention of getting married and stay to adjust status it is visa fraud, and you whould have to prove that you did not enter with this intention.

That is why the K-1 visa exists

So it's okay to get married in the US on a tourist visa /WVP as long as you go home after and don't try and adjust status, even if you intend to file for a CR-1 from your home country?

[Nich-Nick 3,353]

......and you whould have to prove that you did not enter with this intention.

That is why the K-1 visa exists

I have read a lot of reviews of people who adjusted from VWP successfully. Their interview was just like any adjustment from K1 or other visa. Intention was not brought up in discussion, much less asked to be proven.

[2ndMessiah 184]

Not true if you enter the USA with the intention of getting married and stay to adjust status it is visa fraud, and you whould have to prove that you did not enter with this intention.

That is why the K-1 visa exists

There are a lot of posts from people here who have done exactly this. And a few good explanations as to why it is not fraud.

Edited September 26, 2015 by 2ndMessiah

[JayMain626 21]

I have read a lot of reviews of people who adjusted from VWP successfully. Their interview was just like any adjustment from K1 or other visa. Intention was not brought up in discussion, much less asked to be proven.

I don't doubt that people have done it, doesn't mean it would work for everyone.

So it's okay to get married in the US on a tourist visa /WVP as long as you go home after and don't try and adjust status, even if you intend to file for a CR-1 from your home country?

That is exactly what I did.

[Nich-Nick 3,353]

I don't doubt that people have done it, doesn't mean it would work for everyone.

.

Jay--there is a USCIS policy memorandum about it. http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

Note on page 2

INA section 245( c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

You are right it wouldn't work for everybody like those not eligible, ie. communicable diseases, no financial sponsor, no immunizations, not knowing a thing about the wife at an interview.

[JayMain626 21]

Jay--there is a USCIS policy memorandum about it. http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

Note on page 2

INA section 245( c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

You are right it wouldn't work for everybody like those not eligible, ie. communicable diseases, no financial sponsor, no immunizations, not knowing a thing about the wife at an interview.

But you would not be a immediate relative until the wedding. It's about of a minefield and could be seen either way.

[2ndMessiah 184]

But you would not be a immediate relative until the wedding. It's about of a minefield and could be seen either way.

Mine field maybe. Enter under VWF. legal entry..... Marry ...... Now immediate relative.... Provision allows for immediate relative to adjust in country. Once NOA is received you are in a period of legal stay while they process your paperwork.

[Nich-Nick 3,353]

But you would not be a immediate relative until the wedding. It's about of a minefield and could be seen either way.

Correct. An unmarried foreigner visiting the US has no basis for applying for a greencard/AOS.

A foreigner who married a U.S. Citizen yesterday, now has an immediate relative. Last week...no adjustment. Today okay. Right?

I am not advocating or promoting anything. I mainly wanted you to see that USCIS did make a ruling in the form of a memorandum to adjudicators after it was hit or miss 4-5 years ago with no direct guidance.

[JayMain626 21]

Correct. An unmarried foreigner visiting the US has no basis for applying for a greencard/AOS.

A foreigner who married a U.S. Citizen yesterday, now has an immediate relative. Last week...no adjustment. Today okay. Right?

I am not advocating or promoting anything. I mainly wanted you to see that USCIS did make a ruling in the form of a memorandum to adjudicators after it was hit or miss 4-5 years ago with no direct guidance.

My point is if that is the correct way to do it then no one for countries with VWP would require a K-1 fiancé visa. And just travel to the states and marry to adjust status.