Marrying on VWP, returning home, applying for spouse visa - practicalities?
Apr 19th 2006, 9:50 am
#1
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Marrying on VWP, returning home, applying for spouse visa - practicalities?
Hey
Basically, my fiance and I have been talking about getting married in the US and then applying for a spouse visa, rather than going the K1 route (I'm a UK citizen living in London, she lives in Texas). Main reason for this is that it allows us to more effectively plan for a wedding because we don't have to made educated guesses on timescales for visa approval etc. This way we can have the wedding we want and then go through the spouse visa approval process. Might take a bit longer overall, but having the right wedding is important for us.
I'm curious as to the practicalities of this though. I've seen some suggestion that even if eligible for a VWP it might be advisable to get a B2 visa in order to get married - but as far as I'm aware a B2 provides exactly the same conditions to visiting as a waiver. I also assume that saying "I'm here to get married" is likely to cause problems at immigration, even with an intent to return home, regardless of VWP or B2.
Although no doubt it varies from state to state (this wedding would be in Texas), as a rule of thumb would there likely be problems in obtaining a marriage license based on lack of residency or lack of US-issued identification?
I've heard that the process for the spouse application has got quicker recently. Obviously it's something that will vary widely, but any educated guesses on timescales for when I might be eligible to move to Texas on a permanent basis? And is the fact that I am married to a US citizen likely to cause problems in terms of visiting the US to see her in the meantime?
Thanks
Robin
Basically, my fiance and I have been talking about getting married in the US and then applying for a spouse visa, rather than going the K1 route (I'm a UK citizen living in London, she lives in Texas). Main reason for this is that it allows us to more effectively plan for a wedding because we don't have to made educated guesses on timescales for visa approval etc. This way we can have the wedding we want and then go through the spouse visa approval process. Might take a bit longer overall, but having the right wedding is important for us.
I'm curious as to the practicalities of this though. I've seen some suggestion that even if eligible for a VWP it might be advisable to get a B2 visa in order to get married - but as far as I'm aware a B2 provides exactly the same conditions to visiting as a waiver. I also assume that saying "I'm here to get married" is likely to cause problems at immigration, even with an intent to return home, regardless of VWP or B2.
Although no doubt it varies from state to state (this wedding would be in Texas), as a rule of thumb would there likely be problems in obtaining a marriage license based on lack of residency or lack of US-issued identification?
I've heard that the process for the spouse application has got quicker recently. Obviously it's something that will vary widely, but any educated guesses on timescales for when I might be eligible to move to Texas on a permanent basis? And is the fact that I am married to a US citizen likely to cause problems in terms of visiting the US to see her in the meantime?
Thanks
Robin
Apr 19th 2006, 12:20 pm
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Re: Marrying on VWP, returning home, applying for spouse visa - practicalities?
Originally Posted by silver_blue
Main reason for this is that it allows us to more effectively plan for a wedding because we don't have to made educated guesses on timescales for visa approval etc.
I'm curious as to the practicalities of this though.
I also assume that saying "I'm here to get married" is likely to cause problems at immigration, even with an intent to return home, regardless of VWP or B2.
And is the fact that I am married to a US citizen likely to cause problems in terms of visiting the US to see her in the meantime?
Ian
Apr 19th 2006, 12:28 pm
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Re: Marrying on VWP, returning home, applying for spouse visa - practicalities?
Originally Posted by ian-mstm
Well, with a K-1, you have 6 months in which to use the visa, and another 3 months before you need to marry. So... that gives you roughly 9 months to plan the wedding. IMHO, any wedding that takes longer than that to plan is either a complete waste or overly ostentatious! Additionally, many people prefer to be separated prior to being married rather than after getting married. Perhaps that's hormonal... who knows?
As long as you actually leave the US prior to the expiry of the visa, it doesn't make much difference.
You are not obligated to mention that you're getting married... unless, of course, the officer asks the question. And, if it comes up... how, exactly, can you prove your intent to leave? Answer = you can't.
If you are married to a USC, this will always be an issue when travelling to the US. There is the tacit implication of immigrant intent.
You are not obligated to mention that you're getting married... unless, of course, the officer asks the question. And, if it comes up... how, exactly, can you prove your intent to leave? Answer = you can't.
If you are married to a USC, this will always be an issue when travelling to the US. There is the tacit implication of immigrant intent.
Apr 19th 2006, 3:48 pm
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Re: Marrying on VWP, returning home, applying for spouse visa - practicalities?
Difficult to imagine a set of circumstances where you would get a B2, but you do not need it per US Consulate:
Are you getting married in the United States?
If the fiancé(e) of a U.S. citizen intends traveling to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa. A fiancé(e) cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence.
Note: If you will return to your permanent place of residence outside the United States after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program.
As far as non immigrant intent at this time, well that is the usual ties that require your return.
I would agree with the bit about planning though, you have a pretty big window.
Are you getting married in the United States?
If the fiancé(e) of a U.S. citizen intends traveling to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa. A fiancé(e) cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence.
Note: If you will return to your permanent place of residence outside the United States after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program.
As far as non immigrant intent at this time, well that is the usual ties that require your return.
I would agree with the bit about planning though, you have a pretty big window.
Apr 19th 2006, 5:00 pm
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Re: Marrying on VWP, returning home, applying for spouse visa - practicalities?
Originally Posted by silver_blue
Hey
Basically, my fiance and I have been talking about getting married in the US and then applying for a spouse visa, rather than going the K1 route (I'm a UK citizen living in London, she lives in Texas). Main reason for this is that it allows us to more effectively plan for a wedding because we don't have to made educated guesses on timescales for visa approval etc. This way we can have the wedding we want and then go through the spouse visa approval process. Might take a bit longer overall, but having the right wedding is important for us.
I'm curious as to the practicalities of this though. I've seen some suggestion that even if eligible for a VWP it might be advisable to get a B2 visa in order to get married - but as far as I'm aware a B2 provides exactly the same conditions to visiting as a waiver. I also assume that saying "I'm here to get married" is likely to cause problems at immigration, even with an intent to return home, regardless of VWP or B2.
Although no doubt it varies from state to state (this wedding would be in Texas), as a rule of thumb would there likely be problems in obtaining a marriage license based on lack of residency or lack of US-issued identification?
I've heard that the process for the spouse application has got quicker recently. Obviously it's something that will vary widely, but any educated guesses on timescales for when I might be eligible to move to Texas on a permanent basis? And is the fact that I am married to a US citizen likely to cause problems in terms of visiting the US to see her in the meantime?
Thanks
Robin
Basically, my fiance and I have been talking about getting married in the US and then applying for a spouse visa, rather than going the K1 route (I'm a UK citizen living in London, she lives in Texas). Main reason for this is that it allows us to more effectively plan for a wedding because we don't have to made educated guesses on timescales for visa approval etc. This way we can have the wedding we want and then go through the spouse visa approval process. Might take a bit longer overall, but having the right wedding is important for us.
I'm curious as to the practicalities of this though. I've seen some suggestion that even if eligible for a VWP it might be advisable to get a B2 visa in order to get married - but as far as I'm aware a B2 provides exactly the same conditions to visiting as a waiver. I also assume that saying "I'm here to get married" is likely to cause problems at immigration, even with an intent to return home, regardless of VWP or B2.
Although no doubt it varies from state to state (this wedding would be in Texas), as a rule of thumb would there likely be problems in obtaining a marriage license based on lack of residency or lack of US-issued identification?
I've heard that the process for the spouse application has got quicker recently. Obviously it's something that will vary widely, but any educated guesses on timescales for when I might be eligible to move to Texas on a permanent basis? And is the fact that I am married to a US citizen likely to cause problems in terms of visiting the US to see her in the meantime?
Thanks
Robin
You scheme is perfectly legal. The "practical" end of things is that you have to clear BCP at the POE and THEY can refuse admission.
Did you watch the Academy Awards -- I think the recipients of the Foreign Shorts award noted that one of their team couldn't be there to accept due to immigration. Apparently, he had had a short overstay some years in the past and the BCP people at LAX refused admission.
