K1 Visa Filing and Visiting advice.

[geowrian 22,336]

1 minute ago, payxibka said:

No such thing as a federal database of marriage.  They cannot see anything like this.  I think you need to stop reading those sites.  You are not getting good information 

I think they are referring to seeing their I-94 history + the date of marriage.

Although the more obvious indicator would be that it's a US marriage certificate...

 

Either way, not an issue.

[Becker 17]

14 minutes ago, Greenbaum said:

You're getting the best advice on a question you are asking but you doubt the answer, yet they are all consistent with each other.

 

Getting married on a visit and returning home is not visa fraud. A spousal visa has some benefits which working almost immediately for some is an advantage.

 

There are guides here on VJ on how to file. Use the "guides" tab from the blue ribbon above for that information.

 

With regards, to your question about the interview you are going to show a marriage certificate that you are lawfully married so where am I missing the disconnect that you state in your earlier rebuttal?

Sorry I am just trying my best to understand this all. I don’t mean to come off rude or anything. I have just read contradicting statements on this website and other websites.  So now I understand, the beneficiary can enter and marry on an ESTA as long as they return home. 
 

I think my questions get complicated as mentioned, we want a courthouse wedding for the sole purpose of obtaining papers and nothing else. Which I am trying to figure out whether or not this is bad as we won’t have the concrete proof when it comes to showing the marriage is real. We have proof of many visits and photos from 5 years and we will have a marriage certificate dated not long after entering via an ESTA. 

 

I am just trying to figure out if this is okay or if it raises red flags for possible denial. 

[payxibka 10,044]

7 minutes ago, Becker said:

Sorry I am just trying my best to understand this all. I don’t mean to come off rude or anything. I have just read contradicting statements on this website and other websites.  So now I understand, the beneficiary can enter and marry on an ESTA as long as they return home. 
 

I think my questions get complicated as mentioned, we want a courthouse wedding for the sole purpose of obtaining papers and nothing else. Which I am trying to figure out whether or not this is bad as we won’t have the concrete proof when it comes to showing the marriage is real. We have proof of many visits and photos from 5 years and we will have a marriage certificate dated not long after entering via an ESTA. 

 

I am just trying to figure out if this is okay or if it raises red flags for possible denial. 

The uscis doesn't care if you have a courthouse wedding or spend 100k on the event.  

[Greenbaum 12,258]

14 minutes ago, Becker said:

Sorry I am just trying my best to understand this all. I don’t mean to come off rude or anything. I have just read contradicting statements on this website and other websites.  So now I understand, the beneficiary can enter and marry on an ESTA as long as they return home. 
 

I think my questions get complicated as mentioned, we want a courthouse wedding for the sole purpose of obtaining papers and nothing else. Which I am trying to figure out whether or not this is bad as we won’t have the concrete proof when it comes to showing the marriage is real. We have proof of many visits and photos from 5 years and we will have a marriage certificate dated not long after entering via an ESTA. 

 

I am just trying to figure out if this is okay or if it raises red flags for possible denial. 

All you need to prove that you have a bonified marriage is your marriage certificate that you would get if you were to marry on the church lawn, in the church sanctuary or the courthouse. Doesn't matter. Please stop reading as it's confusing you and me. 

[Becker 17]

5 minutes ago, Greenbaum said:

All you need to prove that you have a bonified marriage is your marriage certificate that you would get if you were to marry on the church lawn, in the church sanctuary or the courthouse. Doesn't matter. Please stop reading as it's confusing you and me. 

I'm so sorry. I am just worried of being denied and making it harder. I think you all have convinced me to do it and get the papers on our next visit. Thank you. 

[Jens79 64]

The advice you've got on getting married on ESTA and visit on ESTA during the process are all correct. Absolutely no problem to get married in the US when your partner / yourself is here on ESTA - it's perfectly legal and no need to hide it or worry about what anyone will say about it. It's a correct and legal way to immigrate based on family ties to a US citizen. The key is to go back to your home country and stay there during the visa process. 

 

Enter the US on ESTA as a tourist, spend some time in the US, get married and go back: In line with the ESTA conditions and OK.

Enter the US on ESTA as a tourist, get married and then file for adjustment of status (applying for green card) and stay: That's breaking the conditions of the ESTA and is considered fraud. (Unless you honestly had no idea that you would fall in love when you entered on ESTA and while in the US decided to get married. But that route is closed for you, since you're obviously planning on it.)

 

Regardless if you choose to marry first (in the US, in the UK or anywhere in the world doesn't matter) and apply for the CR1 visa or if you decide to apply for the K1 visa and get married in the US later, you can still visit during the process. Just keep the visits relatively short and you shouldn't have any major issues. Try to avoid any three months stays, and spend A LOT more time in your home country than in the US. I used to visit for about 10 days four times per year from the time when I met my wife until I moved here (a period of two years), and I didn't have a single issue at the border.

 

However, there is one, significant, advantage with the CR1 visa over the K1. You will be allowed to work and travel internationally from day one in the US, which is not the case with K1, where you have to do the adjustment of status-process after the wedding, which will take at least a few months. During that time you are allowed to be in the US, but you cannot work and you cannot travel internationally. That's why I chose to get married first and apply for the CR1 visa instead of the other way around with the K1.

 

Best of luck!

[Becker 17]

12 minutes ago, Jens79 said:

The advice you've got on getting married on ESTA and visit on ESTA during the process are all correct. Absolutely no problem to get married in the US when your partner / yourself is here on ESTA - it's perfectly legal and no need to hide it or worry about what anyone will say about it. It's a correct and legal way to immigrate based on family ties to a US citizen. The key is to go back to your home country and stay there during the visa process. 

 

Enter the US on ESTA as a tourist, spend some time in the US, get married and go back: In line with the ESTA conditions and OK.

Enter the US on ESTA as a tourist, get married and then file for adjustment of status (applying for green card) and stay: That's breaking the conditions of the ESTA and is considered fraud. (Unless you honestly had no idea that you would fall in love when you entered on ESTA and while in the US decided to get married. But that route is closed for you, since you're obviously planning on it.)

 

Regardless if you choose to marry first (in the US, in the UK or anywhere in the world doesn't matter) and apply for the CR1 visa or if you decide to apply for the K1 visa and get married in the US later, you can still visit during the process. Just keep the visits relatively short and you shouldn't have any major issues. Try to avoid any three months stays, and spend A LOT more time in your home country than in the US. I used to visit for about 10 days four times per year from the time when I met my wife until I moved here (a period of two years), and I didn't have a single issue at the border.

 

However, there is one, significant, advantage with the CR1 visa over the K1. You will be allowed to work and travel internationally from day one in the US, which is not the case with K1, where you have to do the adjustment of status-process after the wedding, which will take at least a few months. During that time you are allowed to be in the US, but you cannot work and you cannot travel internationally. That's why I chose to get married first and apply for the CR1 visa instead of the other way around with the K1.

 

Best of luck!

Thank you for the answer! If i take the spousal visa route is that the same as to where you shouldn't attempt to visit while the visa is pending? 

[payxibka 10,044]

1 minute ago, Becker said:

Thank you for the answer! If i take the spousal visa route is that the same as to where you shouldn't attempt to visit while the visa is pending? 

No it doesn't mean that.  Please read the pinned thread at the top of this forum. 

[Becker 17]

3 minutes ago, payxibka said:

No it doesn't mean that.  Please read the pinned thread at the top of this forum. 

Sorry i worded that completely wrong. I meant to ask if visiting is the same as the K1 Visa. My apologies. 

[payxibka 10,044]

Just now, Becker said:

Sorry i worded that completely wrong. I meant to ask if visiting is the same as the K1 Visa. My apologies. 

Zero difference.   

[JFH 12,189]

2 hours ago, Becker said:

I understand this. But, how would we legally get married and apply for a spousal visa?

 

also, wouldn’t we have to provide proof that the marriage is real? I have read that you could show you’ve lived together or have joint finances but we have no way to do that as the beneficiary can only stay in the US for 3 months max at a time. I’m a little confused by how the Spousal Visa is easier. 

How do you do it? The same way as I and thousands of others did it.

 

Came on a VWP visit, got the marriage license, married three days later (this state has a 3-day waiting period), flew back to the UK three days after that, filed the spousal visa. 
 

In terms of advantages, apart from cost, with a spousal visa you are a green card holder (permanent resident) from the moment you arrive. You can work, travel, etc from the get-go. With a K-1 you have months and months in limbo where you are in the same status as a tourist and cannot leave the country (well, you can, but you would be abandoning the process and undoing all that you have done so far).  A spousal visa is faster to citizenship, if that’s your end goal. 
 

A K-1 is basically an over-priced tourist visa that has the added extra of allowing you to stay here after the marriage ceremony. You already can visit easily on the VWP for $14 to get married. 

[Jens79 64]

45 minutes ago, Becker said:

Thank you for the answer! If i take the spousal visa route is that the same as to where you shouldn't attempt to visit while the visa is pending? 

 

You can make visits to the US on ESTA during the process, regardless if you apply for the K1 or the CR1-visa. It makes no difference. All they want to know is that you (or your foreign partner) is intending to go home after the visit. That's why you should keep the visits short. Even if you are allowed to stay 90 days per visit when you travel on ESTA, it is not recommended to stay that long, especially not multiple times. That will raise concerns about how you will support yourself, if you plan to work illegally or if you intend to not go back. Also, ESTA is a program for visits, not for living in the US, so you have to spend more time outside of the US than inside. I would say AT LEAST double the amount of time outside the US as in the US, but I would recommend to keep the visits to 1-3 weeks per visit and then spend at least 2 months in the UK before visiting again. That demonstrates that you are only visiting and are not intending to live in the US on ESTA.

Edited June 12, 2020 by Jens79

[JFH 12,189]

1 hour ago, Becker said:

Sorry i worded that completely wrong. I meant to ask if visiting is the same as the K1 Visa. My apologies. 

I went through the London embassy so my experience will be very similar to that which you will encounter.

 

I visited multiple times during the process. Zero issues. 
 

We got married in a private residence with just us, the legally required 2 witnesses per the state law, and the officiant. Cost $40. Stainless steel rings from a booth at the state fair for $25 each. USCIS and the London embassy does not care if you get married on the beach in your old jeans and flip flops or if you book out the entire Bellagio Hotel in Las Vegas.  
 

The London embassy will not ask you why you got married on a visit. They do not care. The marriage is legal, that’s all that matters. We had not spent more than 10 days together at any one time before I moved here. Many couples have even less time together. We had very little in the way of co-mingled finances. My husband was unemployed and sleeping on a friend’s couch trying to sell some of his artwork when I had my interview. He didn’t even have his own finances or property, let alone co-mingled with me. Not an issue. 
 

Take a look on the UK forum here and read posts from people who have gone through the London embassy. You’ll be amazed how low-key the interview is. Five minutes is all it takes for most. We are very fortunate that we have such an easy-going embassy in London. They don’t even ask to see any evidence. The paperwork you submit is sufficient. 

[Becker 17]

47 minutes ago, Jens79 said:

 

You can make visits to the US on ESTA during the process, regardless if you apply for the K1 or the CR1-visa. It makes no difference. All they want to know is that you (or your foreign partner) is intending to go home after the visit. That's why you should keep the visits short. Even if you are allowed to stay 90 days per visit when you travel on ESTA, it is not recommended to stay that long, especially not multiple times. That will raise concerns about how you will support yourself, if you plan to work illegally or if you intend to not go back. Also, ESTA is a program for visits, not for living in the US, so you have to spend more time outside of the US than inside. I would say AT LEAST double the amount of time outside the US as in the US, but I would recommend to keep the visits to 1-3 weeks per visit and then spend at least 2 months in the UK before visiting again. That demonstrates that you are only visiting and are not intending to live in the US on ESTA.

Thank you so much!

[Becker 17]

1 minute ago, JFH said:

I went through the London embassy so my experience will be very similar to that which you will encounter.

 

I visited multiple times during the process. Zero issues. 
 

We got married in a private residence with just us, the legally required 2 witnesses per the state law, and the officiant. Cost $40. Stainless steel rings from a booth at the state fair for $25 each. USCIS and the London embassy does not care if you get married on the beach in your old jeans and flip flops or if you book out the entire Bellagio Hotel in Las Vegas.  
 

The London embassy will not ask you why you got married on a visit. They do not care. The marriage is legal, that’s all that matters. We had not spent more than 10 days together at any one time before I moved here. Many couples have even less time together. We had very little in the way of co-mingled finances. My husband was unemployed and sleeping on a friend’s couch trying to sell some of his artwork when I had my interview. He didn’t even have his own finances or property, let alone co-mingled with me. Not an issue. 
 

Take a look on the UK forum here and read posts from people who have gone through the London embassy. You’ll be amazed how low-key the interview is. Five minutes is all it takes for most. We are very fortunate that we have such an easy-going embassy in London. They don’t even ask to see any evidence. The paperwork you submit is sufficient. 

I cannot thank you enough for the replies! You have already taken away so much stress!