Getting married under VWP while K-1 pending

[antoiniv 0]

Hi all,

I'm a bit confused on what to do...

We applied for a K-1 visa back in January thinking we would maybe move to the US at some point although now we think it's unlikely in the next 12 months. I'm a French citizen but I live in Canada where I have permanent status. We're looking into having my fiancé get permanent status in Canada (she's American) as well after we're married. Therefore we have no intention to stay in the US and have me apply for permanent status in the US in the short term. That being said, my K-1 petition was approved after NOA1 but I have yet to schedule an interview with the consulate.

My question is, can I go to the US on a VWP to get married in a few weeks there? It wouldn't be a problem I guess if we didn't apply for a K-1 but now, I don't want them to think I'm committing fraud. I have a plane ticket back to Canada, a full-time position and an apartment I'm paying rent for among the things to help me prove I will go back to Canada after we get married... Will that be enough? I can probably get a letter from my employer saying I'm employed full time and expected to be back to work on a specific date after we're married.

What would you advice on the best course of actions?

Thanks a lot for your help!

[Merrytooth 5,749]

If you do not wish to pursue permanent residence in US, you can enter US, get married and leave.

Your I-129F petition will be void once you are married, so it is better to cancel it by officially writing a letter to USCIS, attached with NOA2.

In the future, should you decide to move to US, you have to start over with I-130 / CR1/IR1 spousal visa.