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DailyDaley

Getting married but not staying?

By DailyDaley in What Visa Do I Need - Family Based Immigration

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DailyDaley Newbie

DailyDaley   0

Posted
Filed: Other Timeline
Posted

I am engaged to a UK citizen and will be moving to England. I currently live in New York state and my fiance will  be coming over in the spring and we would like to have a small court house wedding. Obviously he will be returning to England for work and also to find a bigger place for us while I tidy up here and get ready to apply for immigration to England.
What I know is, can we get married in New York on a Visitor's Visa? If so, what are some things I should know first? Will this hinder future possibilities of moving back the U.S.?

I tried contacting USCIS, State Department, and immigration lawyers but they didn't really answer my questions. All three mention three separate places to go through (online application, consulate, and embassies.) 
All I want to do is get married to my fiance.
Any and all advice is appreciated.

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Pennycat
Pennycat

You are quoting a journalist's reporting of a diplomatic cable. Not the cable itself. Here is the cable itself.  And here is the relevant language from it "3) marrying a U.S. citizen or lawful permane

Pennycat
Pennycat

You are being absurd. Please show evidence in the FAM that marrying (and not adjusting) on a visitor visa IS an issue. If it is an issue, there will be a written rule about it (not the other way aroun

MrHanky
MrHanky

It had generally been fine to do that, just don't say that's your intent when entering. But you have to see if these changes apply which would cause a problem if it does.   https://www.

Crazy Cat Grand Master

Crazy Cat   41,977

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

If he returns to his country after marrying you, it will not hinder a future CR-1/IR-1 visa process.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Pennycat Proficient

Pennycat   880

Posted
Filed: AOS (apr) Timeline
Posted

That is all a-ok. It's just not allowed to enter with the intention of marrying and staying/ applying for residency. You don't need a marriage visa like in UK. He doesn't need to offer up the information that the border, but if they ask he needs to tell them. Have some sort of proof of his continued employment abroad/ lease/mortgage. whatever, just in case. But really, it should be fine. Look into weddings in NYC City Hall! Seems romantic to me :)

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Becci391 Proficient

Becci391   339

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted

He can apply for ESTA and then immigrate.

But if I was him I'd tell the officer about your plans and he should take proof with him like a copy of his work contract and a copy of his leasing contact for his flat or house.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

MrHanky Proficient

MrHanky   1,377

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

It had generally been fine to do that, just don't say that's your intent when entering.

But you have to see if these changes apply which would cause a problem if it does.

 

https://www.nytimes.com/2017/09/18/us/politics/us-visa-rules-tillerson.html

 

As far as coming back, yes it could be an issue, if just visiting you should bring evidence showing strong ties to the UK.

 

 

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

Boiler Grand Master

Boiler   45,656

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not a problem

 

VWP is not a visa by definition.

 

He should only answer the questions asked and not volunteer anything.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

MrHanky Proficient

MrHanky   1,377

Posted
Filed: IR-1/CR-1 Visa Country: Mexico
 Timeline
Posted

"In a cable to American embassies around the world, Secretary of State Rex W. Tillerson wrote that visitors who require a visa before entering the United States must then follow through on their stated plans for at least three months. If in that period they do something they failed to mention in an interview with a consular official — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied."

CR-1 Visa

Service Center: Nebraska    Consulate: Mexico

Marriage: 12/9/2016    I-130 Sent: 12/10/2016    I-130 NOA1: 12/13/2016

Notice from USCIS: 8/23/2017

USCIS Approval Date: 8/21/2017

NOA2 issued date: 8/18/2017   NOA2 hardcopy received: 8/25/2017

Notice from USCIS Sent to NVC: 9/1/2017    NVC received: 9/8/2017

Received case and invoice numbers: 9/12/2017

Choice of Agent DS-261: 9/12/2017

Welcome Letter: 9/15/2017

Received and Paid AOS: 9/15/2017    AOS payment cleared my bank: 9/19/2017 (still shows In Process on CEAC)

Received and paid IV bill: 9/19/2017    IV bill cleared bank: 9/21/2017

Requested Expedite: 9/20/2017

AOS and IV show as paid: 9/23/2017

DS260 unlocked: 9/23/2017

Partial Expedite Approved at Counselor Level: 9/25/2017 (Must still wait out NVC)

Scan Date: 10/2/2017    Case Complete: 11/15/2017 (6 weeks 2 days!)

Case sent to consulate: 11/20/2017     Received by consulate: 11/21/2017 (11/20 was a holiday in Mexico)

Interview Scheduled: Jan 2nd - I managed to get someones canceled appointment the very same day my case status turned to Ready.

Biometrics: Mexico City Dec 27th Medical: Mexico City Dec 28th

Case says READY but consulate says case is not in system, I jumped the gun and booked an interview but they say its invalid until I receive the letter so I might have to cancel it.

Appointment Letter: Flew to Juarez just to get this, its actually 2 letters you need.

Interview Day: Jan 2nd   Interview Result: APPROVED

Tracking Number Received: Via email notice and website the afternoon of Jan 4th    Visa Delivered: Friday Jan 5th Mexico City

USCIS Notice - Green Card mailed: 3/28/18

Boiler Grand Master

Boiler   45,656

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
34 minutes ago, MrHanky said:

"In a cable to American embassies around the world, Secretary of State Rex W. Tillerson wrote that visitors who require a visa before entering the United States must then follow through on their stated plans for at least three months. If in that period they do something they failed to mention in an interview with a consular official — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied."

I assume the VWP will be used.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Becci391 Proficient

Becci391   339

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
2 hours ago, payxibka said:

Huh?

VWP.

People from certain European countries can apply for ESTA if they don't want to stay longer than 90 days.

ROC Timeline

08/16/19: sent I-751 packet to USCIS Lockbox in Dallas

08/19/19: packet received by USCIS

08/21/19: received text message with case number ( Texas Service Center)

08/23/19: check got chashed

08/26/19: received extension letter in the mail

11/14/19: Biometrics appointment

04/28/20: case got transferred to my local field office in Atlanta

05/28/20: New Card Is Being Produced

05/29/20: New Card Got Approved

06/02/20: We Mailed Your New Card

06/03/20: The Post Office Picked Up Your New Card

06/04/20: Card Was Delivered To Me By The Post Office

DailyDaley Newbie

DailyDaley   0

Posted
Filed: Other Timeline
  • Author
Posted

Thank you everyone for your help! I don't know how the VWP will be used or why it would be since my fiance is not applying for residency and will only be staying for a week. From what I can gather, all he needs to do is answer all the questions honestly at border. I'm still trying to get in contact with USCIS or an immigration lawyer so I can double check.

Boiler Grand Master

Boiler   45,656

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not sure why you are having trouble getting hold of a Lawyer.

 

Nothing to do with USCIS.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
1 hour ago, DailyDaley said:

Thank you everyone for your help! I don't know how the VWP will be used or why it would be since my fiance is not applying for residency and will only be staying for a week. From what I can gather, all he needs to do is answer all the questions honestly at border. I'm still trying to get in contact with USCIS or an immigration lawyer so I can double check.

VWP is the visa waiver program, it’s what most Europeans from eligible countries use to allow them to visit the US without having to obtain a visa, for up to 90 days. So that’s why your fiancé would use it...

 

why do you need an immigration lawyer if he’s not immigrating?!

Edited by SusieQQQ
DailyDaley Newbie

DailyDaley   0

Posted
Filed: Other Timeline
  • Author
Posted
54 minutes ago, SusieQQQ said:

why do you need an immigration lawyer if he’s not immigrating?!

I'm pretty new to the whole visa process and I was having trouble trying to get answer from USCIS about what is and is not okay- I thought contacting and asking an immigration lawyer my questions was the next best thing.
I am 100% new to this and have no idea about any of this stuff beside what I find on my own- I really do not want to screw this up. That and we may want to move back to the States in the future.

Boiler Grand Master

Boiler   45,656

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Las Vegas baby!

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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