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Getting married on VWP

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

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schnurri Newbie

schnurri   1

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Hi,

 

I'm German and my fiancee is American. We planned to get married this Christmas in Germany but after getting buried with countless of papers and costs we started to consider getting married in Las Vegas and have a good time there while doing so. I'd return to Germany within a week.

 

About our situation: We both have great jobs and neither of us wants to migrate to the other country, yet. Our plan is to get married and after a while we'd decide whether we want to be in the US or Germany. However, not before 2020.

 

The questions we have:

Can I travel to the US under the VWP with the intend to get married and return right afterwards?

Will I have problems traveling to the US after getting married?

Will I have problems to adjust my status at some point?

Should we decide to live in America; Could I adjust my status while living in Germany at some point?

 

Btw., getting married and staying in the US is not an option for me.

Edited by schnurri
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bf__ Community Regular

bf__   501

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Filed: K-1 Visa Country: United Kingdom
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Posted (edited)
6 minutes ago, schnurri said:

The questions:

Can I travel to the US under the VWP with the intend to get married and return right afterwards?

Will I have problems traveling to the US after getting married?

Will I have problems to adjust my status at some point?

Should we decide to live in American; Could I adjust my status while living in Germany at some point?

 

 

1) Absolutely not, not "legally". CBP would have a hard time with this You can, but may be given a hard time at PoE.

2) Possibly, although it's hard to say. They would assume you're trying to stay

3) You will file for a CR-1 Visa

4) Same as above.

 

Edited by brandonflude1
wrong info
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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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Just now, brandonflude1 said:

1) Absolutely not, not "legally". CBP would have a hard time with this

WRONG!! It is 100% legal

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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Just now, brandonflude1 said:

Really?

 

I was given a hard time for this previously, lol..

 

Edited by TM92

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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Cryssiekins Proficient

Cryssiekins   976

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Filed: Citizen (apr) Country: Canada
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It’s tough because you CAN get married in the US while here, but being honest at the PoE is important and that would lead to the assumption that you WILL stay and they may deny you.  If you attempt it, bring incredibly strong ties to Germany so they will see your intent is not to stay.  It will still be a gamble though.

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bf__ Community Regular

bf__   501

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Filed: K-1 Visa Country: United Kingdom
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In any case, I would definitely not mention it at the border... better safe than sorry. I know this sounds contradictory, but you have to be honest. Sometimes it's better to not say anything unless asked. It's ultimately down to you on this one, but it will be down to the officer at PoE. I suggest being careful, and then either file for K-1 or CR-1 depending on whether you're married or not in 2020.

Edited by brandonflude1
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TM92 Proficient

TM92   527

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Filed: AOS (pnd) Country: El Salvador
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Just now, brandonflude1 said:

In any case, I would definitely not mention it at the border... better safe than sorry.

OP should be honest. If the line of questioning from "Purpose of visit" leads to thorough questions about both itineary and plans to leave, then OP should follow @Cryssiekins's advice above. Or @JFH's input below:

 

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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bf__ Community Regular

bf__   501

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Filed: K-1 Visa Country: United Kingdom
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1 minute ago, TM92 said:

OP should be honest. If the line of questioning from "Purpose of visit" leads to thorough questions about both itineary and plans to leave, then OP should follow @Cryssiekins's advice above. Or @JFH's input below:

 

you replied before i editted :) 

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Crazy Cat Grand Master

Crazy Cat   39,218

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Filed: Citizen (apr) Country: Taiwan
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13 minutes ago, schnurri said:

Hi,

 

I'm German and my fiancee is American. We planned to get married this Christmas in Germany but after getting buried with countless of papers and costs we started to consider getting married in Las Vegas and have a good time there while doing so. I'd return to Germany within a week.

 

About our situation: We both have great jobs and neither of us wants to migrate to the other country, yet. Our plan is to get married and after a while we'd decide whether we want to be in the US or Germany. However, not before 2020.

 

The questions we have:

Can I travel to the US under the VWP with the intend to get married and return right afterwards?

Will I have problems traveling to the US after getting married?

Will I have problems to adjust my status at some point?

Should we decide to live in America; Could I adjust my status while living in Germany at some point?

 

Btw., getting married and staying in the US is not an option for me.

1.  Absolutely.....Many, many people do this each year.

2.  You are allowed to visit. Every entry is subject to the discretion of the CBP officer. It is not likely you would have problems. I can name one prominent poster who made 40 such visits during the CR-1 visa process with no problems.

3.  You will not "adjust status".  Your spouse will petition the US, and you will undergo the CR-1 visa process.  You will interview in your country.  Process takes 12-14 months on average.

4.  See #3 above. You can obtain a Green card ONLY if you intend to live in the US.

"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.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

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.. 
 

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, brandonflude1 said:

In any case, I would definitely not mention it at the border... better safe than sorry. I know this sounds contradictory, but you have to be honest. Sometimes it's better to not say anything unless asked. It's ultimately down to you on this one, but it will be down to the officer at PoE. I suggest being careful, and then either file for K-1 or CR-1 depending on whether you're married or not in 2020.

Never, ever lie at POE.  

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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Just now, brandonflude1 said:

When did I say lie?

"I would definitely not mention it at the border."  Lying can be by omission.  Travelers entering the US are generally asked for the purpose of their trip.....

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bf__ Community Regular

bf__   501

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Filed: K-1 Visa Country: United Kingdom
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Posted (edited)

It's not sensible to just blurt out "we are getting married then I am leaving in a week" - answer only the questions asked.

 

As I said, only answer if asked.

 

Quote

In any case, I would definitely not mention it at the border... better safe than sorry. I know this sounds contradictory, but you have to be honest. Sometimes it's better to not say anything unless asked.

 

Edited by brandonflude1
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schnurri Newbie

schnurri   1

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Thank you all for the answers. That's great help. We decided to get married in Vegas, yayyy! I'll be upfront at the border control and let them know I'm here to get married if they ask me. We don't want to lie and always play by the rules. I'll be prepared and bring some evidence with me that shows that I'll return. My fiancee is so excited! We plan to throw a full blown marriage celebration, including getting married in church, in Germany next year.

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