exexpat

*shrug* At the end of the day it's all on the OP.

Noorah101

Thanks for clarifying. Your fiance will need the proper visa to enter the UK in order to marry you there. He can't do it on a tourist visa.

Rene
p.s. - although the site is called British Expats, we do get people from all over the world posting immigration inquiries.

scrubbedexpat099

According to US Gov:

Just wondering who told you otherwise?

Rete

Don't know who you heard this from and being a newbie to the world of marriage-based immigration perhaps you still have a lot to learn.

After 10 years, I know my statement is true and correct as do the others who have been at this for 6 and more years.

The issue is "the intent to remain" not the act of marrying.

Rete

If this is true, then please do NOT post on the immigration forums. The last thing people need is to hear untrue statements that someone is swearing to high heaven is true.

catrocks

The whole 'spontaneous' thing - if you enter the US on the VWP and intend on visiting and then going home after x number of days, but then you decide to marry on the spur of the moment, you can stay in the US and apply to adjust status.

However, this is NOT an advisable way to do this - there's no guarantee the immigration officer handling your case would believe you. Much better to get a K1, like others have said, or get the visa to marry in the UK and then apply for a K3 for you.

K1 is relatively pain and worry free, and once married you can remain in the US until your application to adjust status has been approved, giving you permanent resident status. That's how we did it and I wouldn't have wanted to risk being deported by doing it any other way.

exexpat

I read it over and over on visajourney.com; they have this same argument at least once a week.

Ozzidoc

Thanks for clarifying, but it doesn't make it true.

exexpat

I invite you to tell them that. There's no need to be so ****ing snotty. Jesus, you people are assholes; I'm reminded of why I left the UK in the first place. Excuse the **** out of me for trying to be helpful.

I hope you all get deported.

Sue

Right enough. There is no need for such language or attitude. You reported a post earlier as as being rude when it wasn't, whilst your post above would seem to fall into that category. The people who you are responding to in this thread have not be rude to you nor have they called you names and I expect you to show them the same courtesy.

Bluegrass Lass

Geez!! No need to go that far. We are just trying to correct a common mis-perception. I know one of the reasons why I left visajourney was because they had incorrect info. I know some of the poster do come across a bit snotty at times, but please also look at it from our perspective. You're a relative newbie to this forum, and you came across quite adamantly that you were right & we are wrong. How would you react, eh?

But as Boiler quoted, USCIS says that entering the US on the VWP with the intent to marry is fine. It is staying and trying to adjust status that is commiting a crime.

Bob

People are only correcting false information, if you can't see that, then that's not their fault.

Again, the issue isn't using the VWP to enter and marry, the issue is having the intent to come over with it, marry and remain. That is different from entering, and then deciding to marry and remain as the intent wasn't there when entering the country.

catrocks

It IS legal to enter the US with intent to marry, as long as you do NOT intend to stay.

Proof if you want: my father and stepmother came to Texas in May 2005 (she is from Texas) WITH intent to marry, and also with a return ticket and proof that they HAD to return to Europe (ie they had jobs, a house, pensions etc). They obtained a marriage license, no problem, married, stayed a couple of weeks with family and on a mini honeymoon, then left back to Europe. End of story, no drama.

IF they had intended to stay in the US and live, it would NOT have been legal for them to enter on the VWP (him at least, her being a USC).

Not trying to step on any toes here, but this is the truth. It's the intent to STAY which makes marrying on the VWP illegal, not the intent to marry.

catrocks

Couldn't edit sorry!

Just wanted to add that the OP was not asking if she could enter the US on the VWP, marry and stay. She was suggesting marrying in the UK, then entering the US and adjusting status. The question here is what she should do AFTER they have married in the UK (ie, apply for K3 in the UK, then move to the US after it's approved).

Ray

Thanks for stopping by ...