Entering U.S. to marry and file I-130

[Caterpillar8 62]

Hello, Everyone! I've been told that entering the U.S. with VWP (ESTA) to marry a U.S. Citizen and file the I-130 right away is not recommended.

Allegedly, when processing the I-130, USCIS does a cross-checking between databases and Visa Waiver Program (ESTA) says that you cannot enter the U.S. for immigration (just for tourism). So if you enter with ESTA but married and filed right away means that you came with the intention to marry the U.S. Citizen in order to immigrate to the U.S.

 

Is it true that USCIS does a sort of cross-checking between databases and if see that you entered with ESTA might put under a bad light the I-130 processing?

 

I leave the answer to you. I am sure you guys know more than me regarding this matter.

 

Thank you in advance!

[Roel 7,193]

2 minutes ago, zeven1 said:

Hello, Everyone! I've been told that entering the U.S. with VWP (ESTA) to marry a U.S. Citizen and file the I-130 right away is not recommended.

 

Understatement.  Traveling to the US on the tourist visa or ESTA with the intent to marry and adjust is a visa fraud. Means, you're breaking the law. 

If they would ask you on the border, what's your intent in the USA what would be your answer?

"Tourism" would be a lie. NEVER lie to the immigration.

"Marrying and adjusting" would end up in you being turn around from the border. Because it's not allowed...

 

If you want to marry a citizen you can either go CR1 spouse visa route or the K1 visa. Those two are your only allowed options at this point.

 

 

Unless you already entered the US on the ESTA. Then I guess no one can do anything anymore even though you clearly had a bad intent...

Oh, well.

[Caterpillar8 62]

7 minutes ago, Roel said:

Understatement.  Traveling to the US on the tourist visa or ESTA with the intent to marry and adjust is a visa fraud. Means, you're breaking the law. 

If they would ask you on the border, what's your intent in the USA what would be your answer?

"Tourism" would be a lie. NEVER lie to the immigration.

"Marrying and adjusting" would end up in you being turn around from the border. Because it's not allowed...

 

If you want to marry a citizen you can either go CR1 spouse visa route or the K1 visa. Those two are your only allowed options at this point.

 

 

Unless you already entered the US on the ESTA. Then I guess no one can do anything anymore even though you clearly had a bad intent...

Oh, well.

 

 

Not AoS. I know it's a fraud and I'd never do that! Coming under ESTA, marry, file I-130 while in the U.S., enjoy the rest of vacation and then going back to the home country? I am doing CR1. K1 visa is not possible since my spouse (u.s citizen) is living with me abroad at the moment (but resident in the US). So saying "visiting family" at the Passport Control Border would be considered a lie? I would be traveling with the U.S. citizen of course. Because we are not only marrying (carrying wedding rings in checked luggage) but also visiting my spouse family and enjoy our time there. 

Edited May 2, 2017 by zeven1

[Roel 7,193]

You should have specify.

Well, it's ok to travel, marry and then go back to your country. You can send the petition from within the US.

[Caterpillar8 62]

2 minutes ago, Roel said:

You should have specify.

Well, it's ok to travel, marry and then go back to your country. You can send the petition from within the US.

 

 

I apologize!  I'm gonna ask the lawyer about that but what do you think? Saying "visiting family" is wrong and considered a lie? Thank you for taking your time in answering me! 

[ASMS 86]

Is only fraud if you have the intent of staying and AOS.

But if your plan is to go back, then no problem at all, it won't affect your application or anything as long you respect the rules of your previous visa.

[MattyUK 22]

5 hours ago, Roel said:

You should have specify.

Well, it's ok to travel, marry and then go back to your country. You can send the petition from within the US.

He never mentioned AOS you did. He said he wants to enter the US on a visa waiver then marry and file a i-130.  That is perfectly fine as he's heading back home to Italy afterwards. That's not fraud.

Edited May 2, 2017 by MattyUK

[Caterpillar8 62]

5 hours ago, MattyUK said:

He never mentioned AOS you did. He said he wants to enter the US on a visa waiver then marry and file a i-130.  That is perfectly fine as he's heading back home to Italy afterwards. That's not fraud.

Hopefully USCIS doesn't raise any eyebrow by seeing that we married and filed within days our arrival to the U.S. I mean, who file days after marrying? Eheheh 

Edited May 3, 2017 by zeven1