Applying for K-1 visa but NOT intending to emigrate

[DaveNot 55]

The UK has a marriage visa process too, and allows for premium processing last i checked. It's far quicker than the 6-9 month wait of a K1. You just have to figure out what works best for you in the long term. I would say that the K1 is possibly the best route if you wish to remain in the USA. You could get married, but later on when you wish to remain get heavily scrutinized for being married on a VWP (they are for business and pleasure), not immigration intent.

Edited February 2, 2016 by DaveNot

[Spalderdash 3]

The UK has a marriage visa process too, and allows for premium processing last i checked. It's far quicker than the 6-9 month wait of a K1. You just have to figure out what works best for you in the long term. I would say that the K1 is possibly the best route if you wish to remain in the USA. You could get married, but later on when you wish to remain get heavily scrutinized for being married on a VWP (they are for business and pleasure), not immigration intent.

Thank you, DaveNot.

I understand exactly what you are saying, and the implications of marrying on an ESTA have been our biggest concern, which is why we filed for the K-1. What I think I am beginning to understand, though, is that marrying while visiting on an ESTA is very different to intending to stay while visiting on an ESTA? So if we did decide to cancel our K-1 application and instead married while I was visiting on the ESTA, we wouldn't necessarily be scrutinised because there would not have been any immigration intent. I think?

I do not mean to discredit anything you've suggested and I am grateful for your cautious approach (it is the same one we took, after all). So many people have suggested that we would be okay to cancel the K-1 and save the money and go the WVP route, though, and that suddenly seems to make sense. It is such a minefield!

We looked into the details of the UK marriage visa process (it was originally our plan to wed in the UK), but are now set on marrying in the States as it enables certain family members to be present who wouldn't otherwise be able to. We'll be holding the reception in the UK after I graduate.

[DaveNot 55]

But there is immigration intent later on. The key word is INTENT. You are using an ESTA for marriage, which is only issued for tourism/pleasure, not marriage. Sure you can get married "legally", however you are going with the intention of getting married, which is considered visa fraud. It's stupid, but it's clear as day how it's written. If you somehow entered on a esta and suddenly realized that 2 months later you wanted to get married and actually did that's fine, but later on with green card applications or whatever, they will look into your such application with greater scrutiny, given you married without the appropriate paperwork. It doesn't matter if you leave or stay, your right to immigrate remains valid with sponsorship, inside or out of the USA.

I knew beforehand that I could marry visiting on an ESTA, considered it, but later realized it would have been fraud. I would have to prove it wasn't my INTENT. Either way, I used a K1, got married and settled. I could have left like you're considering, then apply for a green card from the UK instead of AOS whilst remaining. It was a smooth process.

[DaveNot 55]

Bad post info retracted.

Edited February 2, 2016 by DaveNot

[Nich-Nick 3,353]

I want to point you to a few official sources on the topic. US Embassy in London.

Fiance Visas https://uk.usembassy.gov/visas/fiancee-2/

Last paragraph Please note: if you do not intend taking up indefinite residence but will continue to live and work outside the United States after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

Visa FAQs https://uk.usembassy.gov/visas/immigrant-visa-faqs/

Seventh question

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program. At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each persons circumstances

Note to Dave: it is only fraud to purposely use VWP to circumvent the proper immigration channels. She only wants to marry in the US at this time. Her immigration plans are separate, in the future, and do not include using VWP.

[DaveNot 55]

Thanks for clearing that up Nich-Nick. I'll retract all that I've said.

I want to point you to a few official sources on the topic. US Embassy in London.

Fiance Visas https://uk.usembassy.gov/visas/fiancee-2/
Last paragraph Please note: if you do not intend taking up indefinite residence but will continue to live and work outside the United States after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.


Visa FAQs https://uk.usembassy.gov/visas/immigrant-visa-faqs/
Seventh question
We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?
If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program. At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each persons circumstances

Note to Dave: it is only fraud to purposely use VWP to circumvent the proper immigration channels. She only wants to marry in the US at this time. Her immigration plans are separate, in the future, and do not include using VWP.

[Chris and ZhiJia 146]

In other words. Say you fly to the USA using an ESTA, arrive at the boarder of the USA the CBP asks you "what is the purpose of your visit in the USA (standard question)", you reply with "I'm here to get married." You will be denied entry, that's it. You can turn around and say "I'm visiting friends, or plan to run around Florida..." Gain entry and get married legally, but your sole INTENT was different all along. Later on is when you have to worry about the process of being scrutinized. When immigration is a concern. Because you will now have to prove it wasn't your intention to get married whilst traveling on an ESTA.

There is no problem using ESTA/VWP/B1/B2 Visa to enter the US and get married, if you are returning to your home country. The issue they have is people using those means to enter, marry, and adjust status. There is nothing wrong with what she wants to do, because she has zero intent of adjusting status and staying in the US permenantly. She wants to get married, return home, and finish her schooling.

[Spalderdash 3]

Thank you all so, so much for your responses.

We have contacted the bank to cancel the cheque; spoken to the courthouse we wish to marry at to confirm they will marry us while I am under the VWP (provided I can provide any form of ID, it is not an issue at all); spoken to the USCIS customer service line to check if anything else needs to be done to stop the K-1 petition being processed (the lady confirmed that as we only sent the forms off yesterday, and as it is not yet in the hands of the processors, just the act of cancelling the cheque will mean the petition goes no further, thank goodness), and now we can breathe a sigh of relief and look forward to planning our September wedding with no visa-related stresses or time-restrictions. Phew!

Thank you all for your advice on how best to approach this (especially at the airport) and for your reassurances. I feel much more comfortable and believe we are doing this in the most sensible (and lawful!) way. We can finally get excited!

Thank you!

[Cathi 5,624]

It's not illegal to get married on a tourist visa, but going with the intention of getting married is a whole different ball game later on if you wish to remain.

no, it is perfectly legal to intend get married on the VWP, as long as they don't intend for her to stay and adjust status. The issues arise when people come to the US using the VWP or a visitor visa with the INTENT to marry, stay and adjust status, that is immigration fraud. This couple will not have a single issue in the future when they apply for a spouse visa just because they married on the VWP and returned home to finish up school. I am seriously baffled by the number of people who answer questions and answer incorrectly.

[SunflowerSweet 1,321]

But there is immigration intent later on. The key word is INTENT. You are using an ESTA for marriage, which is only issued for tourism/pleasure, not marriage. Sure you can get married "legally", however you are going with the intention of getting married immigrating, which is considered visa fraud.

There you go. No plans to immigrate on the ESTA, so no fraud, as others have said.

That being said OP, if you tell them you are planning on getting married like you were concerned about, it may be more difficult to convince them you have no plans to stay. But as others have mentioned before they usually just ask a vague "what are your plans while in the US?" question, not if you are planning on getting married. So really it's up to you to offer up the information. I would advise not to but eh.

Edited February 2, 2016 by MorganandMichael

[pantonia 39]

everything's pretty cleared up now anyway, about you not needing a k-1 to marry and leave the country. My only advice would be omit that you are geting married IF you are ever asked why you are going there. It could (probably not anyway) cause some hardass guy to dig deeper to make sure you'll go back to the UK afterwards and you could just safe yourself the hassle.

Like I said before, it could not even happen. Maybe you say the truth and the dude doesn't care, but you never know. And I know that you won't have a problem later on when you file a I-130 . Why would you? you were completely honest: married, left and then filed the correct petition to immigrate lawfully. If anything, it looks bette to me that you COULD have done things wrong and stayed ilegally but didn't.

good luck!

[LORIEandPHIL 123]

But there is immigration intent later on. The key word is INTENT. You are using an ESTA for marriage, which is only issued for tourism/pleasure, not marriage. Sure you can get married "legally", however you are going with the intention of getting married, which is considered visa fraud. It's stupid, but it's clear as day how it's written. If you somehow entered on a esta and suddenly realized that 2 months later you wanted to get married and actually did that's fine, but later on with green card applications or whatever, they will look into your such application with greater scrutiny, given you married without the appropriate paperwork. It doesn't matter if you leave or stay, your right to immigrate remains valid with sponsorship, inside or out of the USA.

I knew beforehand that I could marry visiting on an ESTA, considered it, but later realized it would have been fraud. I would have to prove it wasn't my INTENT. Either way, I used a K1, got married and settled. I could have left like you're considering, then apply for a green card from the UK instead of AOS whilst remaining. It was a smooth process.

It is not considered fraud to enter using ESTA. and get married. The only time it would be considered fraud is if you had the intent to stay after the wedding, and you have already stated you will be leaving afterwards. There is nothing wrong with getting married while visiting using ESTA. it will have zero effect on you applying at a later date for a spousal visa. Have you heard of destination weddings? People from the UK. get married in Vegas, Florida, and numerous other US, places all the time using ESTA.

[TakumiKobyashi 5]

Thank you all so, so much for your responses.

We have contacted the bank to cancel the cheque; spoken to the courthouse we wish to marry at to confirm they will marry us while I am under the VWP (provided I can provide any form of ID, it is not an issue at all); spoken to the USCIS customer service line to check if anything else needs to be done to stop the K-1 petition being processed (the lady confirmed that as we only sent the forms off yesterday, and as it is not yet in the hands of the processors, just the act of cancelling the cheque will mean the petition goes no further, thank goodness), and now we can breathe a sigh of relief and look forward to planning our September wedding with no visa-related stresses or time-restrictions. Phew!

Thank you all for your advice on how best to approach this (especially at the airport) and for your reassurances. I feel much more comfortable and believe we are doing this in the most sensible (and lawful!) way. We can finally get excited!

Thank you!

I would recommend double-checking to make sure than simply cancelling the check is enough -- according to https://www.uscis.gov/forms/paying-immigration-fees, they will use the account info on the check to make an electronic fund transfer from your checking account. So, I'm not sure just cancelling the check is sufficient to stop the process, since it sounds like they would only try to deposit the check as a last resort.

[Harmonia 211]

I assume people come to the US to get married for a destination wedding just like Americans go to Europe, or the Caribbean, or Mexico, to get married and return home. You'd be doing the same. A friend of mine is a dual American/UK citizen, residing in the UK, and she married her husband in the UK. She thought she had to somehow "let US immigration know" they were married because her husband frequents the US for work. But they reside in the UK and intend to do so. There's no need to let immigration know in that situation, nor in yours right now. You intend to continue living in the UK. If and when you finish your studies and decide to move here, you'll do a CR1 visa.

Edited February 3, 2016 by Harmonia

[IamIan 14]

I am from the UK and got married on ESTA. Came back and filed i-130. It takes about a year (although mine seems to be going much quicker). I was totally honest with them at the border about my intention.

Maybe just take a letter when you enter USA confirming you're doing a degree, just as proof you are returning to the UK. Although I was never asked for anything like that.

Oh and good luck, very exciting time in your life.

Edited February 3, 2016 by IamIan