Jump to content
rhacodactylus

Wanting to get married but not move to the US (from Netherlands)

By rhacodactylus in Tourist Visas

 Share

15 posts in this topic

Recommended Posts

rhacodactylus Newbie

rhacodactylus   1

Posted
Timeline
Posted (edited)

Hey there! My boyfriend/fiancé and I are trying to figure out how to safely and legally get married in the states without breaking the law or completing visa fraud. 
 

My question is would we have to apply for a K1? I didn’t think it was for people just wanting to get married and then go back to their home country. I will be emigrating to Europe. 
 

Edit: he has a valid ESTA, and originally I thought we could get married on that but I’ve been hearing otherwise from some people saying it causes problems if you ever want to come back to the US and visit or in the future if you want to emigrate to the US. 

Edited by rhacodactylus
Boiler Grand Master

Boiler   45,658

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

Any reason you can not use the VWP?

“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.”

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Tourist visa (or ESTA/VWP) would be the obvious first thing to try. No issue having a destination wedding then returning home.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
2 minutes ago, rhacodactylus said:

He has an ESTA that was approved last year as he’s been visiting me. But some people are telling me you’re not allowed to get married on the VWP and that it will cause problems for future visits. 

They are wrong. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

As noted, no issue having a destination wedding.

The issue is when somebody uses the VWP to enter and stay. If you are leaving within the 90 days, there's no issue.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Lil bear Mentor

Lil bear   4,251

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
1 minute ago, rhacodactylus said:

He has an ESTA that was approved last year as he’s been visiting me. But some people are telling me you’re not allowed to get married on the VWP and that it will cause problems for future visits. 

Nope. Come, marry, leave .. all on the ESTA/VWP. The next entry after that .. whether using VWP or B1/2 will always be at the discretion of the CBP 

Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
2 minutes ago, rhacodactylus said:

He has an ESTA that was approved last year as he’s been visiting me. But some people are telling me you’re not allowed to get married on the VWP and that it will cause problems for future visits. 

Those "some people" are wrong.  It is perfectly legal to come to the US on a B2 or ESTA and get married and leave.  It is an issue if the intended plan was to stay.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

rhacodactylus Newbie

rhacodactylus   1

Posted
Timeline
  • Author
Posted
1 minute ago, geowrian said:

As noted, no issue having a destination wedding.

The issue is when somebody uses the VWP to enter and stay. If you are leaving within the 90 days, there's no issue.

Ok that’s what I thought, thank you so much!! 

Just now, Lil bear said:

Nope. Come, marry, leave .. all on the ESTA/VWP. The next entry after that .. whether using VWP or B1/2 will always be at the discretion of the CBP 

Can he ever come back on an ESTA? 

Boiler Grand Master

Boiler   45,658

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

Of course

“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.”

retheem Rising Star

retheem   566

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
Posted
22 hours ago, rhacodactylus said:

He has an ESTA that was approved last year as he’s been visiting me. But some people are telling me you’re not allowed to get married on the VWP and that it will cause problems for future visits. 

As long as you come, marry and go back and then be visiting like you are doing without breaking the terms of the VWP, then I don't see any problem

retheem Rising Star

retheem   566

Posted
Filed: IR-1/CR-1 Visa Country: Kenya
 Timeline
Posted
22 hours ago, Dashinka said:

Those "some people" are wrong.  It is perfectly legal to come to the US on a B2 or ESTA and get married and leave.  It is an issue if the intended plan was to stay.

 

Good LuckI

If you have a VWP, then I would not advise applying for a B2. I understand if you are denied a B2, then you are more likely to be denied an ESTA

 

Dashinka Grand Master

Dashinka   24,591

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
45 minutes ago, retheem said:

If you have a VWP, then I would not advise applying for a B2. I understand if you are denied a B2, then you are more likely to be denied an ESTA

 

You are correct, but that was not the question.  But not everyone has VWP/ESTA privileges.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Ryan H Grand Master

Ryan H   3,812

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

Moved from K1 Progress Reports to Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...