Question about Legality of travelling to the US to marry

[Rhavoreth 1]

Hi hi,

Bit of background before I get into the details; I'm in a long distance relationship (as many of us are) with a girl (23F) in the US. I'm 22M, living in the UK, and i'm going to see her for the first time in 3 weeks. We've been together for a little over 2 years and now that i've graduated university, I want to live and work in the US. (my trade is Computer Science for anyone wondering). I'll be going to see her for just under a month, and my question is as follows:

Considing I am travelling to the US as a tourist, would it be breaking the terms of the visa waiver program to marry her while i'm in the US, then have her file for the I-130 when I get back to the UK? I've been browsing the forum and it also looks like it may be faster to go the K1 route in that case, but I have also heard that my application could get rejected since this will be my first time in the US and first time visiting her?

So in short, i'm looking to marry my girlfriend in a month, then return to the UK while the Visa is processing. Am I allowed to do this, legally, without affecting the liklihood that my visa will be accepted.

Thanks for any and all advice,

Scott

[A'n'L 735]

Yes, it's perfectly legal to get married as a tourist in the US, as long as you intend to return home without overstaying.

The K1 would probably also work for you. The London embassy is known to be very easy on K1 applicants.

[Rhavoreth 1]

Yes, it's perfectly legal to get married as a tourist in the US, as long as you intend to return home without overstaying.

The K1 would probably also work for you. The London embassy is known to be very easy on K1 applicants.

That certainly is good to hear! I have another few questions if you don't mind me asking?

With the knowledge that a K1 may be faster and easier, would it be a good idea to apply for one now, before I visit her in a month? would that accelerate the process, or make it harder in the long run?

My S.O. in the US is currently a student, which to me raises questions about whether she would be able to support me while I find a job. What would be the best way to show that I could support myself? I own a property (outright, no mortgage) that I rent to students pulling in £1600 a month, and will be entering full time employment in August (I have an accepted job offer).

Following up on that question, would it be a good idea to set up a joint bank account in the US with her (married or not) and pay some savings into that account every month?

I know i'm asking a lot, I just want to learn as much as I can before starting the process. Thanks a lot for your help!

[A'n'L 735]

My understanding is you haven't met yet? If that's the case, your I129f petition (first step of K1 process) will be denied. One in person meeting is a strict requirement.

You can self-sponsor for the K1 visa in London, but sounds like you will need a co-sponsor for AOS or for the CR1 if you go that route.

[Mrs. Wild 87]

For the K-1 visa, you have to have met at least 1 time in the last 2 years BEFORE filing. So the likelihood of being denied is high if you file before your intended trip.

If she is a student and does not meet the income requirements for support, then you might need a co-sponsor. I think the foreign spouse's income doesn't usually factor into it, unless it is going to continue generating income once you're in the US. So you might be able to use the property you rent out as part of your supportive income, but I'm not 100% sure.

[Wooderz 314]

Either way you have to have met in person. It's unclear whether you have or not.

Legally you can marry on the first visit or apply for a k1 after the first visit. Whether you've spent enough time together to know whether marriage is right, is another issue that you should not take lightly. Marriage is hard! Moving to another country makes it harder!

We did the k1 and I wish we had done the cr1. The k1 ended up taking just as long as cr1 due to USCIS being slow at the time. Then add on another 8 months for a green card. If we had done the cr1, husband would have had a green card upon entry. Cr1 is also cheaper in the long run, too.

Here are the pros and cons so you can weigh out what makes the most sense for you. It's a personal decision depending on your situation

K1- probably quicker, don't have to spend the first year of your marriage apart. Have to aos after, more fees, can't work right away

Cr1- authorized to work immediately upon entry. No aos. Cheaper. Have to spend time apart while first married

Since your girl is a student, I'm guessing it's important for you to be able to work as quickly as possible. Cr1 you can work immediately. K1 will take several months.

[mallafri76 1,012]

You can use the property to meet the asset requirements for the I-864 (CR-1 route). The property must be worth three times the poverty guidelines for your household plus a couple of thousand for good measures. So if it's just you and your girlfriend in the household and as long as the property is worth at least $62,000 and can be sold within a year if needed, you can use that to meet the financial requirements.

FYI, K-1 minimum requirement is having met once in two years, the bona fida requirements for the CR-1 is much tougher so if you're going that route, I'd plan for at least a couple of more visits.

[Rhavoreth 1]

Thanks everyone!! All really useful and relevant information.

To clear up some confusions, we will be meeting for the first time in a month. While I am over in the US visiting her, we plan to start the visa process. Whether we go the K1 or CR-1 route now comes down to the great information here, and what we feel is best. I can easliy use the property as the asset requirement (its valued at close to £300,000) and pulls in the equvalent of $25000 a year in rent.

Its probably time for a little more background. I have been looking for a job in the US for about a year now, and have been unsucessful. (not surprising really as what company wants to hire a graduate and have to pay $25000 to get them over here). So we decided to go the marrage route instead. We both agree that we want to get married, just from a family standpoint, both of our families would rather us wait. So we plan on getting legally married soon, but keeping it hidden from our families until she finishes college. That means affivavit of supports from her family are off the table, and hence the questions about self support.

I'd ideally like to work as soon as I can once I get to the US so going CR-1 may be better in that respect, but I can also support myself if needed.

Why are the CR-1 requirements much tougher? What else do they want to see that they don't for a K1?

Thanks again for all the wonderful information

[JFH 12,189]

Not a good idea to have a secret marriage where immigration is concerned. You are starting to raise red flags here (and London embassy is one of the more relaxed ones). Getting married after one visit, not telling any family members - to the average consular official who will be deciding whether you get a visa or not that looks like a marriage of convenience to get a GC.

It doesn't have to be a huge wedding. We had us, the officiant and the two witnesses required by Washington state law (plus the kids of one of the witnesses because the babysitter let her down). We had burgers at Red Robin afterwards and spent the evening playing cribbage and blackjack with a few friends. But the burden of proof is on you to convince the CO that this real love. They will ask what your family think of your wife and why they weren't at the wedding. And you would have to tell the truth that they didn't know you got married.

Personally, I'd wait until you have met before you even think about the next steps and whether you need joint sponsors, etc. People on the Internet can be very different in real life.

[kris&me 572]

To clear up for you

K 1 is for financee

you must do CR 1 if you marry

and if the officer thinks you are coming into the US to marry on tourist visa, you will be sent home

[caliliving 606]

Thanks everyone!! All really useful and relevant information.

To clear up some confusions, we will be meeting for the first time in a month. While I am over in the US visiting her, we plan to start the visa process. Whether we go the K1 or CR-1 route now comes down to the great information here, and what we feel is best. I can easliy use the property as the asset requirement (its valued at close to £300,000) and pulls in the equvalent of $25000 a year in rent.

Its probably time for a little more background. I have been looking for a job in the US for about a year now, and have been unsucessful. (not surprising really as what company wants to hire a graduate and have to pay $25000 to get them over here). So we decided to go the marrage route instead. We both agree that we want to get married, just from a family standpoint, both of our families would rather us wait. So we plan on getting legally married soon, but keeping it hidden from our families until she finishes college. That means affivavit of supports from her family are off the table, and hence the questions about self support.

I'd ideally like to work as soon as I can once I get to the US so going CR-1 may be better in that respect, but I can also support myself if needed.

Why are the CR-1 requirements much tougher? What else do they want to see that they don't for a K1?

Thanks again for all the wonderful information

WOWW!! this is NOT a good idea and not a great start to any marriage! you have not even met her first, and the UK is not a country where arranged marriages/meeting for the first time and getting married is common.. MEET her first and go from there.. you are 100% jumping the ship on this one!!!! it sounds like you are getting married because you want to work in the USA.. i would really suggest meeting thisperson and dating them until you feel 100% confident you can tell your family you want to marry.

[WandY 430]

Agree with Caliliving - looks like you're searching for a green card. Actually, it sounds like outright visa fraud. As for finding a job, good luck. Computer science has been a good field here, but getting crowded. Have you had your degree evaluated for USA compatibility? Certifications? A good place to search (depending upon your specialties) is government/universities. They will often hire foreigners. Be aware that jobs and immigration is a very contentious topic in the USA, and many people resent foreigners taking jobs. You'll need to set yourself apart from the crowded field. Have an awesome CV and references. You will find a job, but it may take some time. Good luck!

[Rhavoreth 1]

Thanks again everyone for the great insight and advice into the process. I'll admit, I haven't done much exploring into different options and routes to take. Obviously I'm not going to jump into anything sooner than we are both comfortable, but I will be seeing her for a month, and I feel like if we get along as well in person as we do online after a month, my mind will be set on whether I want to marry her or not.

The reason I have been searching for a job in the US is so we can avoid going the 'marrage route' to living together as we both agree that we want it to be done because we are ready, not because we can't stand the LDR any more. That is one of the reasons for keeping it a secret from family for now. The second reason, is because both of our families wildly disapprove of long distance relationships, yet alone making a decision to marry (which after this trip we will both be ready to or not). Its not to violate any sort of marrage of convienience, we both are genuinely in love with each other and can prove it. (no exaggeration here, there hasn't been a 6 hour period in the last 12 months that we haven't been in a skype call / facetime call).

However, all things considered, I think our best route is to go for a K1. We'll see how the trip goes in a month, then at the end of it decide whether to file it then, or after another trip. In any case, it seems like there will be less scrutiny from immigration, and probably an overall shorter wait time, i'll just have to figure out a way to support myself for 3-4 months while I get a work permit and job

[yuna628 9,530]

OP: This is just my opinion, take it or leave it.

Marriage is a serious commitment, and immigrating is also additionally serious. Be aware that once you immigrate to the US to join your then spouse, you cannot return with her to your home country to live unless you go through the UK immigration rules (which are complicated and in light of it's current state.. may change drastically). That being said, if you are committed to a life in the US with your lady, stick with it.

But here is my advice.. You have known your girlfriend online, but have not personally met her yet. That means you're going to at least visit before even thinking about filing a fiancé visa paperwork. And while the London Embassy is fairly easy to get through, you still need to have some sort of decent evidence of a relationship. So while you're visiting, make sure you've got as much as you can. Beyond that though, for both of you in this decision, be absolutely sure you're ready and compatible with each other before taking the marriage leap. I'd also encourage saving as much money as you can before and during the process. As people have mentioned there is financial sponsorship documents that will be required during both the K1 and once you marry; the adjustment of status process. We went through both of these processes with our co-sponsor/joint sponsor just fine, so don't be concerned about that for London if it came to it. London K1 also allows for self-sponsorship, but when you reach the adjustment phase is where you may have potential issues.

As for parental approvals on LDRs... believe me, I met my husband online well before we ever physically met. We were quite young, and both of our families were skeptical. They quickly figured out how absolutely wrong they were, and got used to the idea, once we proved we were in this for the long haul forever. Personally not really into secret marriages, unless the parents were utterly.. horrible individuals. You are both adults though, and have the right to love whom you want. Study up on all your options, see how things work out between you two and weigh everything before you decide. Good luck

[JFH 12,189]

Thanks again everyone for the great insight and advice into the process. I'll admit, I haven't done much exploring into different options and routes to take. Obviously I'm not going to jump into anything sooner than we are both comfortable, but I will be seeing her for a month, and I feel like if we get along as well in person as we do online after a month, my mind will be set on whether I want to marry her or not.

The reason I have been searching for a job in the US is so we can avoid going the 'marrage route' to living together as we both agree that we want it to be done because we are ready, not because we can't stand the LDR any more. That is one of the reasons for keeping it a secret from family for now. The second reason, is because both of our families wildly disapprove of long distance relationships, yet alone making a decision to marry (which after this trip we will both be ready to or not). Its not to violate any sort of marrage of convienience, we both are genuinely in love with each other and can prove it. (no exaggeration here, there hasn't been a 6 hour period in the last 12 months that we haven't been in a skype call / facetime call).

However, all things considered, I think our best route is to go for a K1. We'll see how the trip goes in a month, then at the end of it decide whether to file it then, or after another trip. In any case, it seems like there will be less scrutiny from immigration, and probably an overall shorter wait time, i'll just have to figure out a way to support myself for 3-4 months while I get a work permit and job

Good to hear that it's genuinely for love but that then begs the question why you appear to be desperate to get to the USA when you have property and better earning potential in the UK? Under the current rules in the UK you more than qualify to bring your girlfriend (if indeed the relationship develops to that stage) into the UK. At the moment, she doesn't financially qualify to bring you into the USA.

If it's all about not being able to bear being apart, why not bring her to the UK? It only takes around 12 weeks too.

The beauty of most international relationships is that there is often more than one option of where to live.

Note I said "appear to be desperate". You need to see everything from the CO perspective. Applying for jobs there. Applying for K-1 after one visit. You have hurdles to overcome. As I said before, the burden of proof is on you, not the CO. He doesn't need much reason to deny you. You have to convince him that this is the real deal.

I'm sure your family wouldn't disapprove so much if you were open about this girl and how happy you are. The deception will probably disappoint them more than the whirlwind relationship. Every parent wants their child to be happy.