fatbrit

It's perfectly legal under the right circumstances. The OP has said nothing to hint whether it would be fraudulent for him to do it.

nettlebed

Let me clarify then just in case the OP is not able to read it and figure out from the million or so references in the various threads here: it is not legal to enter the US on the VWP with intent to marry and remain to adjust status to that of LPR.

henryh

And it is legal to enter *without* intent to stay-and-adjust-status, then to change one's mind and decide to stay-and-adjust-status after all. Thoughtcrime, eh?

celticgrid

Indeed...and 'thoughtevidence' too, which is what the OP needs to bear in mind.

If it comes to a debate, it is essentially impossible for the OP to prove that he entered without intent, but it is not necessary for the official to prove that he did. People often complain about the odds being stacked in a casino's favour, but that's nothing compared to the imbalance in these matters. Gamble on the balance if you will, but be prepared for the equally imbalanced consequences.

(Oooops! Didn't mean to try and sound philosophical

P.S. I happen to be a UK citizen who married a US citizen in Pennsylvania!

crosscountryrider

Hello
Yes you can get married on VWP and yes you can stay.
I did it and other people in this forum too like JMood.

For legal reasons BE can't encourage this this immmigration process (see along dicussion in this forum)

There is a risk as Ian explained but it's your decision to take it. If you had no intent to stay and it never comes up you will be fine.

It's helpful to add to your I-485 documentation evidence of your ties to UK

like Return ticket; Lease or notice to your employer.

BTW a lawyer is very advisable.

Kind regards
CCC



But it's your choice.

Kind regards
CCR

jeffreyhy

Yes, apparently!

(Actually, broke the law and got away with it, which is not the same as being illegal. But I think I understand what you meant.)

Regards, JEff

meauxna

Before this goes any further off track, there is at least one question that will help you decide your course of action.

Is there an anticipated date of settlement for her divorce, and is there a waiting period before she is eligible to re-marry?

If she is free to marry before your March departure date, then you have an avenue to explore. If she is not, and you are contemplating overstaying your VWP admission, you really, really, really should think hard about your choice. The consequences may even vary depending on which part of the country you're in. Some people have been removed (denied) for the VWP overstay, not for the preconceived intent.

Because this is a risky proposition, you two really should be responsible about researching it. If it's too hard for you to do yourself, you pay someone to do it for you and make the decision. If you would rather just throw your hand against your brow and roll the dice, you can do that. People do all kinds of irresponsible things.

One thing that IS a red herring is that 'longer you wait, the better it looks'. I don't agree with that in the main, and specifically not for you because presumably the reason you're waiting is because she is not even eligible to marry yet.

I can't believe how many times I've tried to catalog the long discussions that have been had on this topic. I know you won't use the search, and if I post the links, I'm not even sure you'll read them. I'll try again anyway, because I'm that way.
New VWP + AOS information/discussion
To some of the "regulars" on this list who like to make snide comments [you know who you are], although I am quite saddened by the poster's case, I think that this poster's situation is response to my educated paranoia about what can happen -- so please, no more "it has never happened so it is without risk."
UK man goes to USA with USA girlfriend and marry - discuss
brit married on visa waiver, would like some advice!
A beginner's question re: Green Card through marriage


The answer to your question is: there is no one answer. You need to take competent professional advice and make your own choice.

Crackles7

Thank you all for your advice as it has been both helpful and informative. As I stated in the beginning of this thread, I do NOT intend on staying on after my 90 day departure date. We are both responsible and have had a long journey in just getting this far. To wait several more months to do this on the up and up is not a problem. We have gotten use to saying good bye's at airports. To do one more to be "normal" or "forever" is just fine. We can handle it.

Again, thank you for the information. We will seek an attorney just to be more aware of our situation and the legal way to do things so there is less stress involved. I think all that is left to decide is do we want to file for a K-1 and then marry here then a spouse visa to get me back in once the marriage takes place OR go back, apply for the spouse visa and have her come to marry in England. That is where an attorney will help us make the best choice.

Time will tell ...

traceym

Crackles,

The goodbyes dont get any easier but one day you know it will be the last one and next time you are together its for good, that thought has kept me going.

Good luck.

meauxna

Not to argue with you, but I think that part ^^ is what an attorney is least qualified to help you in making the 'best choice'.

Reading the pros and cons of a K-1 Fiance vs Spouse Immigrant Visa here will probably serve you better.
And, we know (where a US immigration attorney probably will not) that your USC will need a special visa to go to the UK for the purpose of getting married (a 'visit to marry' visa) whereas you can execute a marriage in the US as a tourist, and apply for your visa from the UK, if you prefer to enter as a Permanent Resident.

The attorney visit should be mandatory if you are considering staying in the US and adjusting status. And if doing that would mean that you have to overstay your 90 day entry, I think you shouldn't listen to a lawyer who recommends you do so.

olliewat

This just confused me like crazy!

If you apply for and get a fiance visa, you don't need a spouse visa. You come to the US with the fiance visa, marry and then file to adjust status - all without leaving the US.

To apply for a spouse visa, you need to actually BE married.

Or, am I completely missing something?

jeffreyhy

C7,

I agree with meauxna - an attorney can't help you make the best choice on this decision. You and your spouse have to make this one based on your own personal desires for how and where you want to get married.

Your families may have some influence on that decision, but not an attorney.

Regards, JEff

Noorah101

You are correct. Crackles is misunderstanding how the K-1 visa works.

Crackles...if you choose the K-1 fiance visa, it means that she applies for you when her divorce is final....then in about 6 to 8 months you move to the USA, marry, and remain here. You do not then go back to the UK again to wait for a spouse visa.

Rene

PepsiChic

K1 visa - she files I-129F which is an petition to let you apply for a visa, once its approved you file for the K1 Fiancee visa, upon supplying certain documents, a medical exam and an interview you will either be approved, denied or asked for further documents.
With your K1 visa you then enter the country and have upto 90 days to get married to the love of your life. After the marriage you start a process called Adjustment Of Status, (AOS), to go from a visa holder to a permenant resident with a green card.

A spouse visa (CR1/IR1) you go to america temporarily, you marry your love and then return to the UK while she files for the spouse visa (or she files a petition and you do the visa part - im not sure), either way once you have your spouse visa you return to the USA and are a permenant resident on entry.

K1 can take 6-8 months on average but anything can happen, if there is legal issues or so forth things can get delayed.

CR1/IR1 is roughly 8-10 months.

If any of the visa/green card process is denied you have the right to appeal the decision and get a immigration lawyer to help you.

if you decided (before you arrive or at the point of entry) to go get married in the USA and not leave on the VWP, your breaking some laws (?). It may or may not be an easier process then the visas, you may or may not be caught. If you are you have no right to appeal the decision and will get deported with a ban on entering the USA again.

Ginblossom

Crackles, you could also do what I did and what others here have done.

I got married in the US using VWP. We then did visa paperwork etc and my wife came to the UK a few weeks later. In time, we adjusted status in the UK as appropriate.

We now are returning to the US in 2010 after I received my US immigration visa back in late 2009 and we have FYI been married almost six years now.

Im not sure how feasible or desirable that is in your own circumstances.

It is just an observation of course, and a broad generalisation and not pertinent to the OP in this case, but I have noticed that time and again, UK folks want to marry USC but do not under pain of death want to live in the UK with said new spouse. Its America or bust which is kinda, to my mind at least, a slight perversion to the whole marrying someone because you love them and want to be wherever that person is anywhere in the world.