Can you get married on a VWP?
Mar 2nd 2009, 2:37 pm
#1
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Can you get married on a VWP?
I'm a UK citizen currently working in Canada and I met my US girlfriend in June last year through a mutual friend.
My girlfriend and I want to be together but there doesn't seem to be an easy way to do it. We both have been given open work visas to New Zealand which we figured at the time would be a good way to be together. The trouble is, ultimately, we will want to reside in the US because this is where her family is and they are a close bunch! We have however decided against NZ becuase even if we get married there, there will be a period when we are apart in the future when we return to the US to live. Since we are currently doing the 'long-distance' thing it seems easier to carry on doing that now rather than at some point in the future after being married for a couple of years.
My current thinking, thanks to the wonder that is BritishExpats is that we should get married on a VWP and then my girlfriend can file the necessary paperwork to get the marriage approved. I dislike the K1 route because I don't want to be restricted by having to get married in 90 days of entering the US and because I won't be able to work for 3+ months once I enter the US. I have no intention of remaining in the US beyond my VWP date and I will happily return to Canada or the UK while the paperwork is being processed, all I really want to know is whether or not this is a viable option? If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?
If there is another option out there that I have missed, please share!
Thanks in advance!
My girlfriend and I want to be together but there doesn't seem to be an easy way to do it. We both have been given open work visas to New Zealand which we figured at the time would be a good way to be together. The trouble is, ultimately, we will want to reside in the US because this is where her family is and they are a close bunch! We have however decided against NZ becuase even if we get married there, there will be a period when we are apart in the future when we return to the US to live. Since we are currently doing the 'long-distance' thing it seems easier to carry on doing that now rather than at some point in the future after being married for a couple of years.
My current thinking, thanks to the wonder that is BritishExpats is that we should get married on a VWP and then my girlfriend can file the necessary paperwork to get the marriage approved. I dislike the K1 route because I don't want to be restricted by having to get married in 90 days of entering the US and because I won't be able to work for 3+ months once I enter the US. I have no intention of remaining in the US beyond my VWP date and I will happily return to Canada or the UK while the paperwork is being processed, all I really want to know is whether or not this is a viable option? If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?
If there is another option out there that I have missed, please share!
Thanks in advance!
Mar 2nd 2009, 2:53 pm
#2
Joined: Apr 2002
Posts: 35,082
Re: Can you get married on a VWP?
I'm a UK citizen currently working in Canada and I met my US girlfriend in June last year through a mutual friend.
My girlfriend and I want to be together but there doesn't seem to be an easy way to do it. We both have been given open work visas to New Zealand which we figured at the time would be a good way to be together. The trouble is, ultimately, we will want to reside in the US because this is where her family is and they are a close bunch! We have however decided against NZ becuase even if we get married there, there will be a period when we are apart in the future when we return to the US to live. Since we are currently doing the 'long-distance' thing it seems easier to carry on doing that now rather than at some point in the future after being married for a couple of years.
My current thinking, thanks to the wonder that is BritishExpats is that we should get married on a VWP and then my girlfriend can file the necessary paperwork to get the marriage approved. I dislike the K1 route because I don't want to be restricted by having to get married in 90 days of entering the US and because I won't be able to work for 3+ months once I enter the US. I have no intention of remaining in the US beyond my VWP date and I will happily return to Canada or the UK while the paperwork is being processed, all I really want to know is whether or not this is a viable option? If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?
If there is another option out there that I have missed, please share!
Thanks in advance!
My girlfriend and I want to be together but there doesn't seem to be an easy way to do it. We both have been given open work visas to New Zealand which we figured at the time would be a good way to be together. The trouble is, ultimately, we will want to reside in the US because this is where her family is and they are a close bunch! We have however decided against NZ becuase even if we get married there, there will be a period when we are apart in the future when we return to the US to live. Since we are currently doing the 'long-distance' thing it seems easier to carry on doing that now rather than at some point in the future after being married for a couple of years.
My current thinking, thanks to the wonder that is BritishExpats is that we should get married on a VWP and then my girlfriend can file the necessary paperwork to get the marriage approved. I dislike the K1 route because I don't want to be restricted by having to get married in 90 days of entering the US and because I won't be able to work for 3+ months once I enter the US. I have no intention of remaining in the US beyond my VWP date and I will happily return to Canada or the UK while the paperwork is being processed, all I really want to know is whether or not this is a viable option? If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?
If there is another option out there that I have missed, please share!
Thanks in advance!
Here's one for ya.. you both go have a fabulous time in New Zealand and start your Immigrant Visa process while there? If you are resident there long enough (6+ months on the right type of visa) you can file locally, or you can file anytime to the US (8-10 months from petition to visa).
You both return to the US together and you enter as a Permanent Resident.
Mar 2nd 2009, 2:55 pm
#3
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Location: Phoenix, Arizona
Posts: 58,687
Re: Can you get married on a VWP?
Why not both go to NZ, and then once you are both there for a couple of years, as planned, get married and file the I-130 directly to the US Consulate in NZ, then return to the USA together? That's called Direct Consular Filing (DCF) on this forum, and could be the solution you're looking for.
Rene
Rene
Mar 2nd 2009, 2:59 pm
#4
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Joined: Jun 2007
Posts: 142
Re: Can you get married on a VWP?
It is a good option, but I've already moved countries once in the last couple of years and the thought of both us leaving our jobs (she really enjoys hers) and spending a lot of money to get to NZ just all seems too risky in the current climate...
But I wasn't aware we could file in NZ and get it all processed. We would only be there on working holiday visas (up to 23 months) and then we would look at returning to the states...so I'm not sure if that's possible on these visas?
Is my VWP plan not viable then?
But I wasn't aware we could file in NZ and get it all processed. We would only be there on working holiday visas (up to 23 months) and then we would look at returning to the states...so I'm not sure if that's possible on these visas?
Is my VWP plan not viable then?
Mar 2nd 2009, 3:06 pm
#5
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Re: Can you get married on a VWP?
One other thing, can the I-130 be filed if she is not in the US? I thought it was about prooving we can support ourselves in the US, wouldn't that be difficult to prove if we were leaving our jobs in NZ and moving to the US effectively unemployed?
Thanks for your quick responses both!
Thanks for your quick responses both!
Mar 2nd 2009, 3:06 pm
#6
Joined: Apr 2002
Posts: 35,082
Re: Can you get married on a VWP?
It is a good option, but I've already moved countries once in the last couple of years and the thought of both us leaving our jobs (she really enjoys hers) and spending a lot of money to get to NZ just all seems too risky in the current climate...
But I wasn't aware we could file in NZ and get it all processed. We would only be there on working holiday visas (up to 23 months) and then we would look at returning to the states...so I'm not sure if that's possible on these visas?
Is my VWP plan not viable then?
But I wasn't aware we could file in NZ and get it all processed. We would only be there on working holiday visas (up to 23 months) and then we would look at returning to the states...so I'm not sure if that's possible on these visas?
Is my VWP plan not viable then?
Immigrant Visa wait times are *much* shorter in London vs MTL.
Mar 2nd 2009, 3:07 pm
#7
Member
Joined: Apr 2001
Posts: 14,049
Re: Can you get married on a VWP?
A,
Getting married while in the USA on the VWP is fine.
You'll have to apply for a marriage license in the state where you plan to get married, and after the ceremony the marriage will have to be registered, but there's no paperwork to file to "get the marriage approved".
Regards, JEff
Getting married while in the USA on the VWP is fine.
You'll have to apply for a marriage license in the state where you plan to get married, and after the ceremony the marriage will have to be registered, but there's no paperwork to file to "get the marriage approved".
Regards, JEff
Mar 2nd 2009, 3:08 pm
#8
Joined: Apr 2002
Posts: 35,082
Re: Can you get married on a VWP?
One other thing, can the I-130 be filed if she is not in the US? I thought it was about prooving we can support ourselves in the US, wouldn't that be difficult to prove if we were leaving our jobs in NZ and moving to the US effectively unemployed?
Thanks for your quick responses both!
Thanks for your quick responses both!
I filed my petition overseas. NZ is reputed to have a very fast turnaround but I don't know how fussy they are about residency these days. It doesn't really matter, because you could easily petition through the US and not be concerned about being separated. Just start the petition with enough lead time before your return to the US.
Mar 2nd 2009, 3:10 pm
#9
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Re: Can you get married on a VWP?
No, it really was a good point because we weren't aware we could file while we were both outside the US. My girlfriend phoned the USICS (I think that's right) and they told her she had to remain in the US while the paperwork is processed........
By the way, MTL(?)........I probably should know what that means......but I don't....
By the way, MTL(?)........I probably should know what that means......but I don't....
Mar 2nd 2009, 3:12 pm
#10
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Re: Can you get married on a VWP?
thanks Jeff, good to know one of the many plans I have had going around in my head the last few months is do-able!
Mar 2nd 2009, 3:15 pm
#11
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Joined: Apr 2001
Posts: 14,049
Re: Can you get married on a VWP?
A,
The I-130 is about demonstrating that you're a bona fide couple, not married solely for the purpose of getting you into the USA as an immigrant.
Proving that she can support you after you move to the USA is part of the visa application, which starts after the I-130 petition has been approved.
Regards, JEff
The I-130 is about demonstrating that you're a bona fide couple, not married solely for the purpose of getting you into the USA as an immigrant.
Proving that she can support you after you move to the USA is part of the visa application, which starts after the I-130 petition has been approved.
Regards, JEff
Mar 2nd 2009, 3:55 pm
#13
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Posts: 16,266
Re: Can you get married on a VWP?
Hi:
This may very well be true as a matter of law. However, do note that a CBP inspector may disagree. Even if the CBP officer is wrong, they have to the power to summarily refuse admission without any right of administrative hearing or review.
However, Congress in its wisdom, requires a VW entrant to waive the rights they don't have -- and therefore a VW refusal will not count as a formal removal.
Further however, if that CBP officer makes a finding of FRAUD, that is really bad news -- even if the finding is wrong.
Do note that a refusal of admission follows these steps before you are are required to board the next flight home:
1. A determination of the CBP inspector that you are inadmissible;
2. Approval of the inspector's ruling by her supervisor.
This may very well be true as a matter of law. However, do note that a CBP inspector may disagree. Even if the CBP officer is wrong, they have to the power to summarily refuse admission without any right of administrative hearing or review.
However, Congress in its wisdom, requires a VW entrant to waive the rights they don't have -- and therefore a VW refusal will not count as a formal removal.
Further however, if that CBP officer makes a finding of FRAUD, that is really bad news -- even if the finding is wrong.
Do note that a refusal of admission follows these steps before you are are required to board the next flight home:
1. A determination of the CBP inspector that you are inadmissible;
2. Approval of the inspector's ruling by her supervisor.
Mar 2nd 2009, 4:27 pm
#14
Member
Joined: Apr 2001
Posts: 14,049
Re: Can you get married on a VWP?
Mr.F,
Thanks for adding this. It seems to answer A's question, "If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?", which I did avoided.
Regards, JEff
Thanks for adding this. It seems to answer A's question, "If the border control guys ask me why I am going to the states and I say to marry my girlfriend, will that cause problems for me?", which I did avoided.
Regards, JEff
Hi:
This may very well be true as a matter of law. However, do note that a CBP inspector may disagree. Even if the CBP officer is wrong, they have to the power to summarily refuse admission without any right of administrative hearing or review.
However, Congress in its wisdom, requires a VW entrant to waive the rights they don't have -- and therefore a VW refusal will not count as a formal removal.
Further however, if that CBP officer makes a finding of FRAUD, that is really bad news -- even if the finding is wrong.
Do note that a refusal of admission follows these steps before you are are required to board the next flight home:
1. A determination of the CBP inspector that you are inadmissible;
2. Approval of the inspector's ruling by her supervisor.
This may very well be true as a matter of law. However, do note that a CBP inspector may disagree. Even if the CBP officer is wrong, they have to the power to summarily refuse admission without any right of administrative hearing or review.
However, Congress in its wisdom, requires a VW entrant to waive the rights they don't have -- and therefore a VW refusal will not count as a formal removal.
Further however, if that CBP officer makes a finding of FRAUD, that is really bad news -- even if the finding is wrong.
Do note that a refusal of admission follows these steps before you are are required to board the next flight home:
1. A determination of the CBP inspector that you are inadmissible;
2. Approval of the inspector's ruling by her supervisor.
Mar 2nd 2009, 4:51 pm
#15
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Can you get married on a VWP?
It very well might. However, never ever assume that CPB follows the law. A very recent New York case which caught my attention: http://www.ca2.uscourts.gov:8080/isy...l20dd/1/hilite
Yes, I know that this is not your fact situation -- however, many AILA attorneys are scratching their heads at the description of the behavior of CBP as "extraordinary" inasmuch as it is quite common. I also remember that in the recent US Attorney appointment scandals that part of the complaint against the Border Area US Attorneys were the refusals to bring alien smuggling prosecutions -- after the CBP had irrevocably screwed up any chance of a criminal prosecution.
BTW, the only reason Mr. Singh got any hearing at all was because he already had a green card. Mr. Bedi was summarily deported.
