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Help with VWP rules

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Old Jan 7th 2010, 4:19 am
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Default Help with VWP rules

My boyfriend is a USC. We're planning to get married, not just quite yet tho!! At the mo only visiting him under the VWP. Any help would be greatly appreciated!

My questions are:

How long do I have to stay out of US before I can enter again on the VWP? I went for 2 months in Oct-Nov 09. Now I want to go for the full 3 from mid-Feb to mid-May.

Has anyone had experience in being turned away at POE with VWP (I haven't broken any rules etc)?

Also will I be breaking any laws if I decide to get married in the US while there on VWP (not gonna happen on my next visit)? And if I do that, do I have to leave the US to apply for a spousal visa? And if dont have to leave the US, am I stuck in there until the spousal visa/green card/residency (which ever, not sure of the procedure) comes through?

Thanks for your help already in advance!
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Old Jan 7th 2010, 4:28 am
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Default Re: Help with VWP rules

See below.

Originally Posted by Anita11
My boyfriend is a USC. We're planning to get married, not just quite yet tho!! Congratulations

At the mo only visiting him under the VWP. Any help would be greatly appreciated!

My questions are:

How long do I have to stay out of US before I can enter again on the VWP? I went for 2 months in Oct-Nov 09. Now I want to go for the full 3 from mid-Feb to mid-May. There is no written rule, but common wisdom is that you stay out as long as you were last in.
Has anyone had experience in being turned away at POE with VWP (I haven't broken any rules etc)? Yes - try using the search function to find old threads.

Also will I be breaking any laws if I decide to get married in the US while there on VWP (not gonna happen on my next visit)? No

And if I do that, do I have to leave the US to apply for a spousal visa? Yes, in order to comply with the rules.

And if dont have to leave the US, am I stuck in there until the spousal visa/green card/residency (which ever, not sure of the procedure) comes through? This route is apparently dodgy - others will weigh in with thoughts and experiences.
Thanks for your help already in advance!
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Old Jan 7th 2010, 4:37 am
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Default Re: Help with VWP rules

Originally Posted by Anita11
How long do I have to stay out of US before I can enter again on the VWP? I went for 2 months in Oct-Nov 09. Now I want to go for the full 3 from mid-Feb to mid-May.
Rule of thumb is to stay outside the USA longer than you were inside.

Has anyone had experience in being turned away at POE with VWP (I haven't broken any rules etc)?
Yes, do a search on this forum and also the US Marriage-based forum.

Also will I be breaking any laws if I decide to get married in the US while there on VWP (not gonna happen on my next visit)?
No. It's OK to get married while you are in the USA on the VWP.

And if I do that, do I have to leave the US to apply for a spousal visa?
For best results, yes.

And if dont have to leave the US, am I stuck in there until the spousal visa/green card/residency (which ever, not sure of the procedure) comes through?
Not the recommended path for immigration to the USA. Do a search on the US Marriage-Based forum for the terms "10 foot pole" and "VWP express".

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