Dave

Hello,
I have a US Citizen friend who is desperately mad on an english guy and they
are looking to get married.

I have a few questions.

1. They plan on having a big ceremony next summer, but because they want to
be together - they are planning on getting married as soon as the K1 is
approved - do you know if by having a big ceremony after the marriage, it
will create unwarranted suspicion or does it just re-enforce the concept
that the marriage is legitimate ?

2. He is planning on coming over for just a vacation on a visa waiver (but
will go home after less than 90 days). If they start the K1 application
process before he comes over, will it put his entry at the US at risk for
the visa waiver visit?

3. What if they start the process once he is over here -- what are the
risks? Should they wait until his visa waiver stay is over? Might he get
deported because it might show an intent to stay? (even though that wont be
his intent).

4. How long does the K1 process usually take.

Note: - he understands he must travel back to the UK to get the visa (or at
least leave the US) - He understands its not valid to switch from visa
waiver to a visa.

Thanks
Dave

Shannon

Hi Dave
You'd get more help on this quesiton in the us.visa.marriage-based newsgroup. Anyhow, a few quick ideas.

1. If your friend enters on a k1 the size of the ceremony is immaterial. They only need to marry within 90 days. If they have planned a big wedding for that time, great. The large ceremony is not a good idea if he enters on a tourist visa or waiver and then decides to marry while here. If he marries more than 60 days after entry, the INS are not likely to assume fraud (see k1.exit.com tourist adjustment pages for the 60/30 rule) unless there is evidence of prior immigrant intent. A pre-planned large wedding would suggest he entered with that intent and committed visa fraud. However, that is really unlikely if he enters as a visitor and then spontaneously marries with a few friends/ family to witness the wedding.

I can see no reason they should not start the visa process while he is here. Obviously he would need to be Overseas for the k1 to make sense (its for a foreign fiance overseas) but it makes sense that someone could come for a visit, become engaged and then want to start the application forthwith.

I can't recall the time UK K1's are taking atm. I would look at the newsgroup resources. Many ppl post their timelines.

Your final comment about "he understands its not valid"... is a bit confusing. It is valid for him to adjust his status to permanent resident from a visa waiver on the basis of marriage to a USC IF he did not commit visa fraud by coming here with that in mind. Many ppl in his situation find the k1 the right visa for them if they want to marry in the US and plan a wedding in advance. It is the most legitimate way of getting married here and staying in the US. But, other ways also work in many cases.

Shannon