Astrid M

2 minutes ago, powerpuff said:

That does not qualify under extreme hardship and your application will be denied. In the whole history of this website there have been 1 or 2 cases where it worked and that was due to a severe disability of the US petitioner

Thank you for letting me know. I wasn't sure if it would qualify. We were just brainstorming. We'll wait to marry until after covid, in this case.

Back to being patient!

My partner (US) and I (UK) have been together for a while but met during covid. We are trying our hardest to be patient, but we struggle. We know we want to marry - so we could wait until this is all over, marry, and file for spousal.

But we were also thinking we could file for the K1. The issue being that we have not met so haven't seen each other in the last 2 years per the requirements.

However, it does state that this can be waived due to cultural customs or extreme hardship. My question is, could we explain that it is covid keeping us from meeting and therefore filing under extreme hardship? 

I would appreciate any advice you could give. Thank you.

22 minutes ago, HRQX said:

It's pretty much the same. I-130 is filed by the US citizen. The screenshot above is from the online filing option of I-130. One of the very few differences between filing during visit and filing after is signature on I-130A supplement:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

Drag files here or choose a file
Maximum size: 6MB per file
Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
No encrypted or password-protected files

 

Attaching your files

Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.

 

Translations

If your documents are in a foreign language, upload an English translation along with the original.

 

 

Either way, the following question is left completely blank:

Thank you so much, this is so helpful!

1 hour ago, pamala900 said:

If you want to come on a ESTA and go home and file for a spousal visa, this is legal. But I would not marry and stay in the US, you may have issues here. You will need to go home and then file. 

Thanks! This was for sure the plan!

11 minutes ago, HRQX said:

Can also file I-130 during the ESTA visit to start consular processing path:

I didnt know this was a different option! How does it differ from filing back home, please?

Just now, mlong1397 said:

Okay, could be, that is just what I had read on other threads but perhaps I wasn't paying attention to the staying or leaving part. I would still think that you have to prove you are leaving and will be questioned more. 

Yeah, I'd bring proof tenancy and employment and other such documentation I think 

1 minute ago, mlong1397 said:

If you come to the US on an ESTA with the purpose to get married, that is visa fraud. We got married in 2019 abroad. He came to visit me in the US on an ESTA. Was heavily questioned but made it thru. He got here just at the beginning of covid. It was out intention for him to return home after a few months, but with covid we thought that would be seen as a valid reason to change to AOS. Filed for that in June. Just had biometrics done. No EAD yet.

As I understand it, I can enter on an ESTA for marriage as long as I return home. This would be the case for anybody doing destination weddings. As long as I don't enter with the intention to stay/AOS

34 minutes ago, JFH said:

Only once. It wasn’t as bad as being taken into secondary but I was quizzed intensively at the desk, beyond the VWP-standard questions of “what brings you here today?” and “how long are you staying?”. I was quizzed about my job, he wanted my manager’s phone number, how much I earn, wanted me to empty my wallet to show how much money I had, kept saying “tell me the truth! You are here with the intention that your husband files an adjustment of status for you!” It was a struggle to keep my cool when he kept demanding that I admit to lying and fraud when nothing of the sort was taking place, but I bit my tongue and kept my answers calm and brief. People around the arrivals hall were staring at us because he kept yelling. On my way back home to the UK the following week I really wished I could have seen him to show him I wasn’t lying. But you don’t come into contact with CBP on your departure unless there is something seriously wrong. 

So sorry to hear about that experience, it must have been so frustrating and awful. I'll be sure carry any and all copies of my CR1 application with me (which is what I did with my exhusband actually) and extra info proving my ties back home. Thank you for sharing and all your help!

9 hours ago, JFH said:

Yes. I did exactly this. I’m from the UK also. I also visited several times after we married and before I immigrated. Even whilst the paperwork was being processed. 

Ah this is great! Thank you. Did you ever run into any issues upon entry during your visits?

6 minutes ago, CanadaDude said:

Tenancy Agreement and Proof of Employment are probably the best ties you can demonstrate. Other ties would include, Foreign Accounts, Memberships of foreign associations, foreign driver's license, foreign property, arranged meetings and appointments following your visit. Any obligations that you can demonstrate that you need to return to your home country for is acceptable proof as well.

Awesome, thanks so much!

8 minutes ago, CanadaDude said:

So as some have said you need K-1 and others say that ESTA/VWP is fine. There is nuance to this.

 

Entering on ESTA/Tourist Visa to marry and return home is fine. There are absolutely no restrictions on people entering the US as a visitor to marry and go home.

 

Entering on ESTA/Tourist Visa to marry with the intent to adjust status to PR prior to or at entering the US is considered Visa Fraud. A K-1 is the appropriate visa for this.

 

Therefore, as you say, you are planning to visit to marry and go home, you are fine to use ESTA. However, I would suggest that you carry plenty of proof that you intent to depart at the end of your visit, and show that you have a home and job to go back to, and any other ties to your home country. CBP will be suspicious that you will attempt to adjust status after marrying, you need to reassure them with factual evidence that you will go home at the end of your visit.

 

Best of luck on your travels to the US!

Thank you so much for the detailed info! Could I use my tenancy agreement with a letter from my landlord perhaps, as well as my employment contract and a letter from my employer, too, do you think?

With any other ties, what could you suggest?

1 minute ago, Loren Y said:

I am originally from Ohio. I'll actually be there this weekend. If you want to do a destination wedding like Las Vegas, NV, I will be happy to help you out. You can fly round trip out of Cleveland really cheap ( See My ticket for this weekend below, 24.20 round trip is a good deal. I'm just flying in for 12 Hours to meet some friends for lunch, my lunch will cost more than the flight...LOL), and we can get you all married with certificate in hand in less than an hour. Message me and I can send you my contact information. And I don't charge anything for members on Visa Journey. We could get you round trip flights, married, and certificates in hand for around 150-160 dollars.... Vegas Baby!!!

Oh wow! Small world haha. That is an insanely cheap ticket, too! 

Thank you kindly for your generous offer, I think its absolutely wonderful of you! 

I will certainly discuss this with my partner and will surely be in touch.

2 minutes ago, HRQX said:

After you marry, here is a FAQ: https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/

If you travel, please follow the steps below:

• Do not attempt to check in for your flight online if you have an ESTA registration.
• Arrive early for your flight.
• Carry any documentation that you believe demonstrates why you have been excepted from a travel restriction, such as a Permanent Resident Card (commonly known as a Green Card), a marriage certificate, or a birth certificate.
• You may also wish to carry a printed copy of the Presidential Proclamation itself.
• Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials. Please note that smaller airports may not have CBP officials on site.
• If applicable in your case, your ESTA will be reinstated in order to allow you to board.

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

This is amazing thank you! 

Follow up question - I live in shared accommodation and have a tenancy agreement from 2018 with no end date. Could I supply this as well as a dated letter from my landlord stating I am still residing here? 

Just now, Lucky Cat said:

Sounds like you already know that patience is the key in immigration since nothing is fast.......Good luck....

Tell me about it. At least now some of the delays experienced last time will be minimised (my exhusband and I running frantic without actually DOING anything for example) but I'm not expecting miracles.

2 minutes ago, Lucky Cat said:

Many people have destination weddings in the US.  As long as  you can legally enter the US, then there is no restriction as far as marrying, then returning to your country to start the spousal visa process.  There are some good guides here to help.

Thank you! I have filed for a CR1 previously but the marriage broke down (right on the cusp of approval, too) so I have some experience with what is needed. I attended interview and medical examination and received all vaccinations needed, so this will be a process I'm at least somewhat familiar with. I have all of the prior paperwork so will follow that as a guideline (with the addition of the divorce papers and checking to see if the payments have changed).

5 minutes ago, Jorgedig said:

Subject to having a valid ESTA/B visa and subject to CBP admitting you, of course.

Thank you!

5 minutes ago, HRQX said:

https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of "The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation."

 

Per section 2, spouse of US citizen is exempt. So you are currently subject to the proclamation, but after marriage you'll be able to visit the US via direct UK to US flight.

Thank you for this!

2 minutes ago, Jorgedig said:

Residents of certain countries, including the UK, are barred from traveling to the US currently, unless they can show they've quarantined in a non-banned country for 14 days.  Spouses of US citizens are exempt from the bar.

Oh I understand now.

When I file for my CR1, am I able to still visit my then-spouse?

16 minutes ago, HRQX said:

To currently visit the US you would have to travel to unrestricted country (e.g. Mexico, Croatia, Serbia, Turkey, South Korea, etc.) for 14 days.

 

Since your partner is a US citizen, after you marry you will be exempt to all relevant proclamations.

I'm sorry could I ask what you mean by relevant proclamations? 

Just now, Jorgedig said:

K-1 is a fiance visa.  If you marry on an ESTA, you will need a spousal visa.

My apologies, I meant CR1. Thank you 

18 minutes ago, Lucky Cat said:

I assume your future spouse is in the US.......citizen?

Yes, Ohio. We have been dating for a while, but of course have not seen each other for what feels like forever due to the pandemic. We are not engaged as of yet, but we were speaking about it and just wondered how the marrying itself could be done. We knew we would have to file for immigration as a spouse but didn't know how to marry itself!

Just now, Lucky Cat said:

1.  Legally enter the US via ESTA (travel restrictions may dictate your being in a non travel banned country for 14 days prior).

2.  Marry

3.  Return to your home country prior to expiration of your authorized visit.

4.  Start the CR-1 process if becoming a legal resident of the US if your goal.

5.  Enter the US as a US resident 12-24 months later.

Thank you kindly. I appreciate this so much!

2 minutes ago, Lucky Cat said:

@Loren Y can even perform the marriage in Las Vegas.  He has graciously offered to do this for VJ members...

Oh thats so cool! 

Just now, Lucky Cat said:

Absolutely, it is legal.

Thank you so much! Could I please ask what the options would be after this? Is K1 the only option? I am based in the UK if that helps.

I would like to know if it is legal for me to enter the USA, marry on an ESTA and return home? I would like to marry there as 1. I dont have any family to attend my wedding and 2. For the scenery and freedom in choosing location weddings.

I am very new to this site and had someone recommend it to me so I apologise if I'm not observing correct etiquette thank you!