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Old Jul 5th 2016, 7:18 am
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Default Confused

Hey folks. I will try an keep this brief. I am going to ask a few questions to clear up what I need to do to live in the states and become a citizen one day.

Information about me. I am British and I am engaged to an American citizen, I am going to get married to her in June 2017. We plan to come back to the UK (right after the honeymoon) for 4-6 years.

Now for my questions.

1. Can I enter the US on the VWP and get married to her? Do I have to tell the border control person that I am getting married or because I won't be living there I can just tell them I am in the USA for a holiday?

2. What is the best way for me to immigrate to the USA, What visa? Should the US citizen go live in the USA before I apply so she can get a job and sponsor me or is it ok for her dad to sponsor me to come over?

3. How long does the process take? Any tips you can think of with my situation would be great.

You can ask me questions to help give you a better picture. Thanks in advance.
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Old Jul 5th 2016, 7:29 am
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Default Re: Confused

Originally Posted by Reacher29
Hey folks. I will try an keep this brief. I am going to ask a few questions to clear up what I need to do to live in the states and become a citizen one day.

Information about me. I am British and I am engaged to an American citizen, I am going to get married to her in June 2017. We plan to come back to the UK (right after the honeymoon) for 4-6 years.

Now for my questions.

1. Can I enter the US on the VWP and get married to her? Do I have to tell the border control person that I am getting married or because I won't be living there I can just tell them I am in the USA for a holiday?

2. What is the best way for me to immigrate to the USA, What visa? Should the US citizen go live in the USA before I apply so she can get a job and sponsor me or is it ok for her dad to sponsor me to come over?

3. How long does the process take? Any tips you can think of with my situation would be great.

You can ask me questions to help give you a better picture. Thanks in advance.
Yes, you can get married on the VWP and you do not have to tell them why you are coming to the US, in fact I wouldn't unless specifically asked if you are coming to get married.
Once married you return to the UK before the end of the VWP and she can then petition for a spouse visa for the USA for you, her dad can be co-sponsor, but she has to be the sponsor.
For her to come to the UK you will have to sponsor her for the spouse visa
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Old Jul 5th 2016, 7:33 am
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Default Re: Confused

Hi, welcome to BE.

I'm confused too! You're asking about a visa for the US, but then state you intend to live in the UK for 4-6 years after the marriage? So I'll move your thread to the US marriage based visas forum where the good folks there can help you with your questions about the visa for the US and marrying on the VWP, but if you are wanting to bring your wife to the UK and need info on that, let me know and I'll move it again.

Best of luck with the wedding and the move/visa.

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Old Jul 5th 2016, 12:54 pm
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Default Re: Confused

Originally Posted by Reacher29
We plan to come back to the UK (right after the honeymoon) for 4-6 years.
In that case, I suggest that in 4-6 years from now, when you're ready to return to the US, you come back and ask your questions. Why? Because in 4-6 years from now, the entire process may have changed depending on who becomes the next US President.


Can I enter the US on the VWP and get married to her?
Yes.


Do I have to tell the border control person that I am getting married...
No, not unless you're specifically asked the question.


What is the best way for me to immigrate to the USA, What visa?
There is only one visa option for you: an immigrant visa (Category CR-1 if you're married less than 2 years when you immigrate; Category IR-1 if you're married more than 2 years when you immigrate).


Should the US citizen go live in the USA before I apply so she can get a job and sponsor me...
Whether she should or not is entirely up to her. She doesn't have to, if that's what you're asking. She'll be your sponsor whether she has a job or not.


... or is it ok for her dad to sponsor me to come over?
Your (then) USC spouse must be your sponsor. There is no option for her not to be your sponsor. Her dad can be a joint sponsor. The two terms are not interchangeable.


How long does the process take?
If the I-130 petition is filed directly to London, about 4-6 months.


Any tips you can think of with my situation would be great.
Spend the next few years learning the terminology. It'll help you tremendously when the time comes.

Ian
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Old Jul 5th 2016, 2:13 pm
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Default Re: Confused

I know this is not your plan, but just to make it really clear for anyone else in a similar position...

Coming over using the VWP to get married is fine, as long as you leave within the 90 days that the visa allows (max 89 days recommended).

However, coming over to get married with the intent to stay and adjust status is NOT allowed and can result in deportation and/or long bans from re-entering.

As Ian said, it's impossible to say what the requirements will be in 4-6 years, so if that is your plan, keep in touch with this forum as well as the USCIS site to see if any requirements chance.
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Old Jul 5th 2016, 2:21 pm
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Default Re: Confused

What Ian and Guindalf said, plus:

1. .... I did so myself, and personally I would aim to leave after no more than 85 days, with a contingency plan to leave over-land at the nearest border - remember 9/11 shut down the US air transportation system.

I recommend entering the US at one of the large international hubs (even if it means taking a connecting flight to your final destination) - IME their immigration officers are more experienced and less nosey, so the question about getting married is less likely to arise. As Ian said, do not mention it unless asked.
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Old Jul 5th 2016, 3:43 pm
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Default Re: Confused

Thanks everyone. The reason I want me the information is to make the right discussion. Thanks. I will be sure to keep in touch with this website. Thanks
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Old Jul 5th 2016, 5:02 pm
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Default Re: Confused

As other have said you won't be able to bring your US wife back to live in the UK unless you have obtained a spouse visa for her. For that YOU the Brit have to sponsor her.
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