pomola

If it's of any interest -- somewhat acting in hasty ignorance, my husband and I married here in the States in 2004 while I was on one of many visits thru VWP (I'm a UK citizen).

We were traveling overseas a lot and didn't check things out very carefully, and the marriage was kind of spontaneous. In fact I came into the USA about 5 times on VWP, 4 times before marriage, and twice afterwards (once before filing petitions, once afterwards), and I was questioned VERY closely most of those times. (and I was always careful to dress neatly etc) When we went to the lawyer (before I discovered Visajourney!) they did a double-take and told me the only wise thing was to leave and apply from the UK, otherwise I could face a ban, as it was highly unlikely immigration would believe I hadn't planned to stay on after being married.

So I went back to the UK, and it took another 11 months before I could 'officially' come back to the States. During those long months, I did take the risk of coming in to the USA for another 3 months on VWP, and my husband visited me in the UK. I WAS interrogated at the US border, but somehow the dots weren't connected - I don't know if that was luck or lousy computing networks! They didn't ask me anything about marriage, but I did have extensive proofs (banking etc) of roots in the UK and other countries still.

I think that it was once my file hit the NVC I didn't enter the USA again on VWP. It was too nerve-wracking, and I suggest that unless you want to gamble away your chance to be with the person you love, you play by the rules.

The wait was tough, with the London embassy misplacing our papers too, but it all worked out in the end. And 2 years later, removing conditions was almost instantaneous, by comparison -- largely I guess because by then we had a baby also.

It feels interminably long to have to wait, but I hate to think what it's like to be banned completely...

Good luck!

Thank you all for your helpful comments.

One more clarification, if anyone knows? He came to the USA not as a tourist but as a temporary religious worker, no intention to emigrate (has family back home he seems very close to) Since he has some work commitments to fulfill (the reason he got his religious visa) does he still need to leave the USA to wait back home for months? That doesn't really make sense. I understand for tourists that would be reasonable, but not for people trying to carry out the work they came to do...

Thanks again!

Does anyone know how things work if a US citizen wants to marry a visitor who is in the USA for several years on a religious visa? My US friend is in a relationship with a man who is here on a religious visa, and they are thinking about getting married. Does the guy have to leave the states to apply for K1 visa from outside or can he convert his visa here?

Any comments or suggestions for sources welcome, thank you very much!