lovemyUKSA

My UK love is coming here to the US in August on a VWP.. We are going to be married and then when he returns back to the UK we will start to get his papers sorted for him to come and live here... My questions are

1. Can we get married anytime during the visit?

2. Will he be able to come visit me during the process?

3. Will I be able to visit him during the process?

4. What type of things are we going to need to show whilst we are separated to show we are in a marriage?

5. I just need help in general..

bottom line is we WANT to be married ASAP.... wish we didnt have to split but its looking like the Spousal Visa is the best bet.... both time wise and financial wise..Please help me...we are at wits end


thank you
Rose.

SultanOfSwing

Yes, but find out the requirements your county has regarding how far in advance you need to get a marriage license, and how long they are good for. I believe we had 30 days after the license was obtained in which to get married (Lake Co., IL - your mileage will likely vary on that one)

Yes, provided he can demonstrate strong ties to the UK, and doesn't spend more time in the US than out.

Yep

Marriage certificate, possibly photos of the ceremony/reception would be good too, but a signed and witnessed certificate of marriage should do the trick.

I hope I have done . There are others more knowlegable than I around here who will add more info that I might have missed. Plus, I did the K1 (fiance visa) and not the CR-1 as well. Principle is the same though.

Noorah101

You don't have to wait until he's back home in the UK to file the I-130. Read ahead and see what is required for filing the I-130, and have him bring whatever is required from his side, so you can file the I-130 sooner (if you want to!)

Yes. Look up the marriage requirements in your state. Some place allow you to marry the same day you apply for the license, some have a waiting period. All he will need for ID is his passport.

Yes, assuming he can prove ties to the UK as usual when visiting on the VWP.

Yes, assuming you can prove ties to the USA as usual.

Whatever you can think of to show that you have a valid ongoing joint life together (as together as it can be for living on two continents). For example, after marriage but while he's still in the USA, you can add him to an existing bank account. You can add him to your health insurance. You can put his name on your utility bills. You can sign up for memberships or clubs together. You can add him as a joint user on an existing credit card. You can add his name to your deed or rental agreement. You can do all those things while he's still in the USA...some of them you can do after he goes back home. Those are just some suggestions...you can be creative as well.

Rene

Noorah101

I modified your thread title to be more specific, to get the responses you're looking for. "Seriously Confused" was too vague.

Rene
Moderator

lovemyUKSA

The reason why we don't is because we have researched that this is a more better way and more legal way..Since we are getting married whilst he is here on his VWP.

Looked up the requirements and there is no waiting period.

What besides a job would prove ties? Does he mention that he is visiting his wife?

Same as above. Will I be more suspect since I will be taking his last name? Do I even mention that I am there to visit my husband?

Noorah101

I think you are misunderstanding two different immigration routes. It is perfectly acceptable to marry on the VWP and then file the I-130 while he's still in the USA. Then he goes home before his 90 days is up, and does the Immigrant Visa process. You do not have to wait until he's physically back in the UK before filing the I-130. You are thinking of the "adjustment of status" process, which is not a good idea from the VWP, but you're not doing that anyway.

Whatever he's got that shows he needs to return the UK and that he does not intend to immigrate to the USA on that visit.

Only if asked specifically, I would say.

No, you won't be more suspect having his last name. Just answer the questions asked at the POE honestly, but don't offer more information than asked. Same goes for him when he comes on the VWP. That's standard procedure anyway, whether you have a UK / US spouse or not.

Rene

lovemyUKSA

I understand now. We can actually start the process BEFORE he leaves.. OK! I thought we had to wait until he was back across the pond to start all of that. I thought if we started it here it would be suspicious..Sorry I havent gotten too familiar with the different forms :/ So though we start the process, he will still have to be gone within the 90 days?

Also.. He will be able to work as soon as he is approved to come here right?

Noorah101

Correct. You can file the I-130 while he's still in the USA, within his 90-day VWP visit. He must still leave before the 90 days is up. He should most definitely not overstay.

Not quite. He will be able to work as soon as he *arrives* in the USA using his Immigrant Visa (not as soon as he's approved for the visa). When he enters the USA using the Immigrant Visa, he becomes a US Permanent Resident with full rights to live and work in the USA from Day 1.

Rene

lovemyUKSA

No worries love... He is not going to overstay. We do not want to chance anything. We are determined to do this as correct as possible.

Yes, that is what I meant once he is here on his Visa. That is some very good news for us, we were both worried he would not be able to work for a long while.

Thank you very much for clarifying these things up for me. We wanted to know that we would be able to see eachother during the time of the processing, and not be in trouble for getting married on the VWP.

Noorah101

He will have immediate work authorization. How long it actually takes to find employment in this economy is unknown, but I hope he will find something soon after arrival.

No problem, looks like you're good to go on both counts!

Rene

lovemyUKSA

Thanks so much again... and Philip my love...said to give you KUDOS as well... xoxo