Getting married under Visa Waiver Program / ESTA with firm intention *not* to reside in US

[myamericanboy 1]

Hi there,

 

I'm posting this in the K-1 Fiancé Visa Process & Procedures forum as I'm hoping you folks might be able to share thoughts/experiences with regards to my situation.

 

I'm British and my boyfriend is American. We're currently living together in another country (not UK / US) and planning to spend the summer together in the US during which time we intend to get married and then apply for a UK spouse visa for him. As I will be in the US for just fewer than 90 days I'm thinking it'll be easiest for me to come in under the Visa Waiver Program (I still have a valid ESTA from my previous visits - all legal) rather than to apply for a K-1 Fiancé Visa (which looks to be a lengthy and unnecessary process for us) and from what I can tell this is legal: https://my.uscis.gov/helpcenter/article/can-i-get-married-if-i-entered-the-united-states-under-the-visa-waiver-program.

 

We firmly intend to move to the UK together after the summer (I have a job to return to there) so I'm sure I won't need to go down the AOS route. As far as I can tell I should be fine coming in on the ESTA and being totally upfront about my intention to get married but not to reside in the US (we might live there together at some point in the future but not for the first 1-2 years of our marriage at least). I'm just wondering if anyone has experience doing this (getting married under the Visa Waiver Program / a ESTA with the firm intention *not* to reside in US - at least not immediately)? Were you grilled by the CBP officers when entering the country? Do you think I should bring some documents showing my firm intention and and practical plans to move to the UK at the end of the summer (e.g. job contract / letter from employer, draft of his UK spouse visa application form - which we'll complete and submit once married, etc)? I guess I should be fine but I'm a little nervous about being grilled / not being allowed through  I want to be super clear about my intentions and stay well within the law so that years later if I want to apply for an IR-1 Spouse Visa I won't have any problems or marks against my name. 

 

Thanks in advance for any thoughts/experiences you can share! 

 

 

[JFH 12,189]

It's no problem at all. I got married whilst visiting on the VWP. Got married on a Saturday, left 3 days later. You do not need a K-1 to marry in the USA if you have no intention of staying. We also intended to live in the U.K. but it didn't happen for us (husband denied U.K. visa) but that's another story. This query crops up a lot, particularly amongst Brits, because non-EU passport holders need a visa to marry in the U.K. so many Brits assume they'll need a visa to marry overseas - not so for the USA.

 

You don't need to be "upfront" at the border about the wedding unless you are specifically asked. Never volunteer additional information to the CBP officers. Keep your answers to their questions as brief and direct as possible. If they ask if you are getting married, you must reply truthfully. If they make no mention if it, you don't need to either. 

 

*~*~*moved from "K-1 fiancé visas" to "tourist visas" as OP is not immigrating yet*~*~*

[myamericanboy 1]

Hi JFH, thanks for this kind reply! So I guess if the CBP officers ask me about the purpose of my visit, I just say I'm visiting my partner and his family for the summer? And then if they probe, I of course answer all questions truthfully. What do you think about bringing documents just in case, would you/others recommend that? Glad everything worked out for you in the end! 

[JFH 12,189]

In over 40 VWP visits I was only asked more than four questions on 2 occasions. All the other visits were:

 

- what's the purpose of your trip?

- how long are you staying?

- how much money do you have with you?

- what work do you do? 

 

Some visits didn't even ask that much. I came through Toronto once and I was asked "what's you final destination today?" I started to answer "Los An..." and he interrupted me "thank you - enjoy your stay". 

 

Its unlikely you will be asked anything more than the usual. It'll be just like any other time. 

Edited January 27, 2018 by JFH

[Wuozopo 4,285]

From the US embassy London FAQ webpage 

 

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 person’s circumstances.

[Boiler 43,434]

Forget the B2 

 

Las Vegas Baby

[Wuozopo 4,285]

Absolutely no B2 when you have VWP. 

[myamericanboy 1]

Thank you all! And yes JFH you're quite right it'll most likely be just like the previous times when I haven't been asked much at all (just the first question if anything) - I'm probably overthinking so thanks for the reassurance! 

[acidrain 325]

My spouse is a dual citizen from Canada and I got married 10 years ago in Vegas. We have the equivalent of the VWP in Canada.

 

Like you we had no intention of immigrating after the wedding. However, I was firmly aware with my spouse being dual it could open up a can of worms.

 

Best thing to do is bring proof of ties showing you have a job, place to live, etc (just in case). When asked about my purpose of the trip I just said we were going on a vacation. I felt a bit nervous as I brought my wedding dress with me on the plane (in case it got lost or delayed). Your case is actually a pretty easy one to overcome as I am sure you have many ties to go home to. If pressed customs is very good at seeing a situation for what it is. Try not to worry.

[myamericanboy 1]

Thanks acidrain!  I suppose I'll bring the documents just in case and yes they should be quite compelling if needed. I just hope it's ok to not mention getting married if/when the CDP officials first ask about the purpose of the trip (because if probed I'll of course be honest about what we're planning and then it might look like I was trying to hide/omit something in my first answer). Anyway yes the advice not to worry is good! 

[yuna628 9,528]

You may certainly marry and return back home. Just be prepared to prove that you will return home. You also cannot just bring your new USC spouse into the UK, until you have completed the UK side of immigration paperwork. So be ready to deal with all of that.

[myamericanboy 1]

1 hour ago, yuna628 said:

You may certainly marry and return back home. Just be prepared to prove that you will return home. You also cannot just bring your new USC spouse into the UK, until you have completed the UK side of immigration paperwork. So be ready to deal with all of that.

Thank you yes we will apply for his UK spouse visa as soon as we are married - allowing enough time for processing before our planned move to the UK.

[Wuozopo 4,285]

3 hours ago, myamericanboy said:

Thank you yes we will apply for his UK spouse visa as soon as we are married - allowing enough time for processing before our planned move to the UK.

Be sure and read the employment/salary requirements to qualify.  You have to work with the same employer earning £18,600 or more for 6 months or longer at the time of application. Since you may not be currently in UK employment, nor will be when you marry in the US, it's something to plan. 

 

 

[mallafri76 1,012]

Many people with a CR/IR-1 visa got married while visiting the US on VWP or tourist visa and then returned home to start the process. It’s perfectly legal.  However, since there are many people entering the US, getting married and then staying and adjusting, CBP can be difficult so I agree with JFH, be honest with CBP but don’t volunteer information. And you make sure you bring plenty of ties to the UK.

[redvines 57]

I recently went through this. We had no option to get married in my home country as same sex marriage wasn't legal there yet. I was prepared with a letter from my employer about my expected return to work, documents showing financial obligations and proof of return flights.

 

Needless to say I was overprepared.