sleepwillalwayscome

Hi all,

Apologies if this has been asked before but does anyone know what the potential implications are for seeking to get married whilst visiting the US on an ESTA?

For context, I've been dating my American partner for almost two years and am aiming to move to be with her there next year. I won't have a job when I move there so I want to work back here in the UK right up until maybe a week before departing for the States in order to have as much money saved as possible.

Having mulled over the K-1 / CR-1 pros and cons I'm leaning towards the latter. Therefore my thinking is to pop over to the States early next year, get married, and come back home to the UK to work while my partner fires off the I-130 to get the ball rolling. I have no intention whatsoever of overstaying the 90 day limit.

Does this seem like a viable plan? My only concern is of course answering the obligatory "what is the purpose of your visit" CBP question to which I wouldn't want to give the truth for fear of being denied entry but then again I don't want to risk jeopardising anything long-term either.

Any thoughts or advice greatly appreciated.

Pulaski

Sounds like a good plan, totally viable ..... in fact it is what I did myself.

When I came to get married I deliberately cleared immigration at one of the New York airports (Newark in my case), because they deal with so many people and had, IME, less of a tendency to ask nosey questions. I then took a connecting flight to my final destination. So when questions like yours pop up on BE I always recommend arriving at one of the largest airports, but doesn't have to be NY.

Whether you volunteer up front that you are getting married is an interesting question - I didn't, but did carry evidence of home and car ownership, and a letter from my employer that I was expected back at work on x date.

The question "Why are you here?" only ever prompted a perfunctory "business", "holiday", or "to visit a friend" from me; I never felt obligated to say more until asked (who my employer was, where I was traveling to, who I was visiting, etc), and always counsel against rambling on, providing information that wasn't asked for.

KK85

Hi, sleepwillalwayscome! You're going down the exact same route that I'm still walking.

It is absolutely a viable plan - in fact, it is a fantastic one! It will allow you the ability to work and save money in the UK while your visa application is being processed.

When it comes to answering the questions at CBP, the general guidance is to answer all questions honestly, but to not volunteer more information than is asked for. So, for example, if they ask the purpose of your visit, it is okay to say "visiting my partner". That is enough. If they ask if you're intending on getting married during your stay, you must be honest and say yes. That does not mean you will be whisked away to secondary questioning and refused entry due to arousing suspicion - many people have answered 'yes' to that question, and have been congratulated and sent on their way. You will only risk jeopardising anything in the long-run if you are dishonest.

So long as you've not had any previous over-stays or complications relating to your ESTA, it will be a breeze. I understand the anxiety - I was quaking in my boots when going through security on my wedding visit - but there was no need at all. I was through security quicker than I ever had been before!

Good luck, and congratulations!

Twinkle0927

I also did this. Arrived on a Tuesday (LAX was my POE, FWIW). We picked up the license on the Wednesday. Washington state has a three-day waiting period so the earliest we could marry was the Saturday, which we did (and also happened to be The Husband's birthday). We hand-carried the completed license to the auditor's office on Monday, paid $3 for the official marriage certificate and I flew back to the U.K. on Tuesday. This coming Wednesday will be our third wedding anniversary.

No problems with that at all and I think it's good that you have given serious thought to your visa options and realized the benefits of a CR-1. I also worked up until a week before I left (that final week was annual leave that I had accrued but not taken) so that I had no gap in income. I had a job lined up waiting for me when I arrived. Very smooth transition from one to the other.

I brought my wedding dress with me in my luggage. But it was black and red and didn't look like a traditional wedding dress. However, it certainly didn't look like anything you would usually take on holiday with you. So I was prepared for being asked the purpose of my visit. Fortunately the questioning went like this:

- What's your final destination? I gave the town name.
- OK, and who's there? I said "my fiancé"
- How long are you planning to stay? "Until Tuesday next week" (started to get out the paperwork for my flight reservation to show him)
- Enjoy your stay!

How much you reveal is up to you but you don't have to give any information that hasn't been asked. You're not doing anything illegal by getting married here on the VWP. It's just your job to make sure you can convince CBP you will go back before your authorized stay ends if you are questioned further.

I assume you have a healthy record of leaving on time before?

sleepwillalwayscome

Thanks Pulaski.

I don't own a home or indeed a car anymore but I could definitely get a letter from work stating that I'm on leave and due back on whatever the date happens to be - good tip.

Coincidentally, my partner's based in New York so I'd almost certainly be flying into JFK anyway.

Actually, now that it crosses my mind, I've flown into JFK four or five times in the last couple of years and I've always said that I'm "visiting my friend" as opposed to 'girlfriend' just because I was always paranoid that they'd start probing deeper if I said the latter instead. Justifiable caution or excessive paranoia?

KK85

I'd say it's excessive paranoia, but nothing that I haven't personally fallen prey to myself. It is so easy to read horror stories and foresee the absolute worst, when in reality, immigration (and all the visits that come prior to it) is a piece of cake so long as you're honest, have good intentions, and aren't a criminal drug-lord.

I took proof of my ongoing studies and rental tenancy when I flew over for that trip, in case I needed to show evidence of intent to return. I wasn't required to show any of it. I was asked much the same questions as Twinkle. I flew into Newark.

P.S. Remind yourself that there is nothing illegal in what you're doing. There is nothing illegal about having a partner in the US and coming to visit them; there is nothing illegal about marrying them while visiting under the VWP; there is nothing illegal about intending to immigrate (on a legal route) once you're married. You're doing nothing wrong in any of these processes, so even if they did probe deeper, they've no reason (based on these facts alone) to deny you entry or cause you any long-term issues. Always be honest and you will be fine.

Twinkle0927

Excessive paranoia! CBP will have already joined the dots on that one. Must be a very good friend if you're prepared to travel so far at such expense to see them as often as you have.... They will know what's going on. They are humans too. I always said "boyfriend/fiancé/husband" depending on what stage we were at and only once in over 40 visits did it cause in-depth questioning (and accusations by the CBP officer that I was planning to adjust status - despite arriving with one small carry-on only!)

StuBear65

I know everyone's experience is different, however when I got married in the US, I entered through Charlotte and when asked the purpose of my visit, I said I was getting married. The CBP officer didn't bat an eyelid, she just congratulated me and stamped my passport.

(I'm going through the IR1 process and I entered to get married under VWP).

Good luck.

Pulaski

That's exactly what I did, except never through JFK. Maybe I am paranoid too.

The only time I ever got into a string of awkward questions at the immigration desk was one occasion when I flew directly to Podunk International, where some nosey young CBP officer decided to interogate me. Thankfully he didn't send me to Secondary though.

So, back to your question, and personal situation, I think you just do what you do every previous time you have visited, and just say you're visiting a friend. As you have an established history, which the CBP officer can see, of visiting and leaving again I think it is highly likely that you will just be waved through again. Obviously if you are asked about getting married you must answer honestly, but given your history, I think that is unlikely.
That was where I had my bad experience - ironically the first time I ever visited the US. Back then there were literally less than a handful of transatlantic flights into Charlotte daily - two from Gatwick, and I think one from France and one from Germany.

Now Charlotte has catapulted into the sixth busiest airport in the US with a fair number of international flights. .... I would still favour JFK, EWR, or IAD for entering through a busy international hub, and certainly avoid the "discount route" through Stewart International/Newburgh airport, which is tiny and very new to international routes.

S Folinsky

General comment - the inspection starts with ONE officer, one human being. You clear that officer, fine and dandy. You hit the wrong officer who is having a bad hair day and brown material hits the proverbial fan.

There can be other factors too numerous to discuss.

I would like to point out that for a nationality to be on VWP, it has to have demonstrated an excellent immigration record. If one is paranoid, I would suggest avoiding carriers flagged in a non-VWP country (rare flying from the UK, but such routing does exist)

civilservant

I also, along with many others, got married on the VWP and returned home to apply for the IR-1 visa.

Pulaski

Surely CR-1? (Married less than two years.)

civilservant

Yep correct. Not enough coffee yet this morning!

sleepwillalwayscome

Thanks so much to everybody who's responded so far - your personal experiences have all been great to hear, reassuring and helpful.

Just a quick additional question and I hope it doesn't betray total ignorance on my part but a couple of you have mentioned an IR-1 visa which I've honestly never heard of before.

I'm fully aware of the CR-1 but how does that differ from an IR-1 and what are the pros and cons of each?

Thanks so much again!

civilservant

The IR-1 only applied where the marriage is more than 2 years old. Apologies for muddying the waters!