SarahSwede

Hey - Not sure where I should put this post, given that there is currently no immigration intent.  I am living in Sweden with my Swedish fiance (me being a citizen of the US) and we have a wedding already planned for July in the US.  He has a valid ESTA, is there any issue with getting married and then going back to Sweden.  We know that we will need to show ties back to Sweden, but beyond that will there be any problems? I have tried to find info online, but it all seems to be people wanting to stay after they get married. I just want to make sure it's all legal, because in 3+ years we will be looking into immigrating to the US and we don't want them having any problems with us!

Thanks

Thank you everyone!! We have a meeting set up with a lawyer - who apparently just had a similar client - so hopefully we will get this straightened out soon.  I will post an update once we figure it out.  We definitely plan on always traveling with a letter from his employer stating when they expect him back as well as the contract for our apartment. Hopefully that will be enough to prove no intent to stay.  (Any other suggestions of evidence will be greatly appreciated!)  **I will say that I got the Nolo book on fiance visas and while it mentioned that we could get married on the VWP it suggested the fiance visa so that there would be no problems at the border - guess I should've come to VisaJourney much much much sooner.**  

3 minutes ago, mallafri76 said:

Wow, you wasted a lot of time and money on something that you're not gonna use or need. ? You could have just gotten married on the VWP. 

 

So you've decided you're not moving to the US, right? I think if you cancel/withdraw the visa due to changed plans, it won't affect his ability to travel on the VWP. You could probably double check that with the US embassy in Sweden. They're very approachable.

 

 

Yeah - at this point the money (while it sucks) it just something that we can't dwell on. Definitely not moving to the US for at least another 2 years. Do you know if it's possible to cancel the Visa even though it has basically been approved (the Embassy has his Visa right now)? Will cancelling the visa affect his ESTA?

57 minutes ago, s + j said:

You have 90 days to marry..Why not come in May or so instead and wait til July, marry and then leave?

I truly wish that would work, but he just started a new job. I can't imagine them keeping him if he requests 1.5 months off.

29 minutes ago, s + j said:

Chances are ESTA will be denied when he does have an approved K-1 visa on file, especially if already used. 

1: Get married in July instead and enter on K-1, you have six months to use it

2: Move right away to Sweden and get married there.

3: Get married in April, enter on K-1 and then go back to Sweden and stay, and in a few years apply for spousal visa

4: Don't move to sweden and apply for AOS, EAD and AP and wait until he's a citizen to move to sweden

 

POE will most likely, if he comes on a visa waiver after entering on a K-1 previously and left, that he is now coming back to stay. Front load evidence that he'll be returning back if you try going this route...but he'll probably be shipped back to Sweden

Additionally his medical exam expires in early June. Otherwise we would just cancel the trip in April and use the K-1 to get married in July. But he needs to enter the US before the medical expires. I think our hole is just getting deeper..

21 minutes ago, Dutchster said:

Why did you choose the K-1 visa? I would figure because you wanted him to move here?

I don't understand the fuzz you guys are getting yourself in right now. Did doubts happen? All these months waiting, money spend on this visa and application for what? I think chances are small if he re-enters on VWP, married to you and having an expired K1 visa in his passport. If they see it, they can be difficult. K-1 shows immigration intent.

I guess I didn't do my research well enough. I just assumed he needed the k-1 to get married in the US - which we want to do with my family in the US as it is more important to them than it is to the swedish side. Also in the beginning we were considering moving to the US sooner, but he just started a great new job that makes no sense to leave after only 5 months.

Hmm okay. That's what I have been slowly figuring out. If we get married in April. And then he leaves (probably without AP - since the trip is only a week long and I assume it takes longer to process) would he be able to enter the US in July with the ESTA waiver? And then maybe we have to apply in a few years for a spouse visa?

My fiance just got approved for his K-1 visa (yay). We now have a very tricky situation with many problems. We have a trip planned to the US in April - so the 90 days start, but our wedding isn't planned until July! Also I didn't realize that he couldn't leave the US after entering on the K-1. So I guess we have to get married in the court house in April (although we only have a week). Then our plan was to live in Sweden for 2+ years. I wasn't thinking of another options when we applied for the K-1 but now I don't know if it was the right choice. Can he even leave the US after we get married? Will he be let in in July for our actual wedding? All help will be greatly appreciated!! 

-Scared and confused Sarah