jeffreyhy

If you don't have any of the other items, that would leave affidavits. You can't come up with anything under "Any other relevant documentation to establish that there is an ongoing marital union."? That one gives you a lot of flexibility. Are your family members third parties? Why do you put the word 'holiday' in quotes? Whatever, a foreigner getting married when in the USA, whether for holiday or any other purpose, is not breaking any US immigration rules. Regards, JEff

slummymummy

"K-1 or a CR-1, both in this case have the same time frame for moving to the states but a CR-1 would allow her to work once she arrived. Being that we have no travel restrictions like you have mentioned I am now thinking about the CR-1 route."

I think you're right about that. CR-1 seems better if you are able to marry soon.

Could you "pop over" to the UK and get married there?

If not, will there be a potential problem at POE when she comes over on VWP to get married? (I'm asking the learned people on here.) If she gets questioned and says that she is visiting her fiance or even "worse" to get married, will she risk not being let in? Because they might think that she will stay. Maybe a good idea to have a very good understanding of the CR-1 process and explain to the officer that she wants to do things the proper way, ie return to the UK and file for a visa. And being able to show ties to the UK, etc.

Apfelkuchen

Coming to the US to marry a USC could be taken as an indicator of immigrant intent but since this is a question of what any given CBP officer might choose to believe on any given day it cannot be answered with certainty. The answer will vary from case to case.

I personally got married while in the US on the VWP before returning home to apply for an immigrant visa. The only question I was asked at the POE was: 'What is the purpose of your visit?'. I answered honestly that I was there to get married and my passport was stamped without another word. I came prepared with a file of paperwork documenting ties to my home country and a thorough understanding of the visa process I intended to follow but didn't need them.

Having been questioned in various different styles and to varying degrees of intensity by CBP officers over the years, I haven't found there to be an obvious logic to the questions (although, of course, there may well be a hidden one). Admitting to having a relationship with someone who lives in the US doesn't automatically trigger suspicion or lots more questions.

jeffreyhy

Doesn't a foreigner require a certain visa to marry in the UK? It might be easy to get, I don't know, but it wouldn't be as easy as a "pop over"? There's more potential for a problem than if marriage wasn't a purpose for the visit, but there's always the potential for a problem of some kind so it's a matter of degree. Regards, JEff

Apfelkuchen

Correct. I can't remember which foreigners this applies to but it does apply to Americans. At least in England and Wales (different rules in Scotland and NI) I believe there is also a rule that both partners have to be resident in the country for 7 days before giving notice of intention to marry and the marriage can't take place until 15 days after the notice has been given. All of which might make it impractical for the American partner to come over and marry in the UK.

EDIT: It's called a Marriage Visitor Visa and it's for anyone who is subject to immigration control (i.e. anyone who isn't a Brit or EEA-National, or who doesn't already have the right to live in the UK).

slummymummy

Ok, so to do exactly what Apfelkuchen did seems to be a good idea!

It reminds me, when I was in the process of waiting for my CR-1 I did go to the USA on holiday on the VWP and I did bring proof of ties to the UK, but didn't need it. (completely different situation though as my husband was also living in the UK at the time)

AZ_Alba

Back in 2000 I choose Atlanta as my POE as it was the only one at that time doing the EAD on entry.

Noorah101

Yep, in 2004 when my fiance came over, we were fortunate to go through JFK as they were the last ones giving out the EAD stamp at the POE. No POE does it anymore.

Rene

asdfqwer

Ok a few questions,

1. May be a question for my bank but can she simply have her name put on my bank account without a SS# or anything like that? How easy is this? I currently rent and my only "utility" bill is an electric bill paid to my complex. Same with my phone, company pays for it.... I am helping pay for her to finish up school, does this count or is it not considered jointly?

2. I'm guessing my family members are not considered "3rd party" then?

3. Can she visit the US or travel on her own accord outside the UK during this process? Or is she "stuck" in the UK until everything is finished.

4. If I am planning on moving during this process can I place my "billing address" on all the forms even though I am not living there at the moment? I travel a lot for work and do this with my credit cards/bank statements/etc rather than changing my address every 6 months. Next year 2014 I am scheduled to move somewhere for long term but until then I'm up in the air.

5. May be for another thread... but say she gets an H1-B and a company moves her to the US, and we get married, can she simply convert this visa into... what exactly would happen? This is still a potential option for us as she has 35 days before she must accept an job offer for a company in the UK and she has several prospects with US based companies.

Many thanks!

jeffreyhy

1. It is a question for the bank.
2. I would guess differently.
3. A FAQ, read more and post less.
4. Use an address where you can get your hands on the mail that is sent there.
5. Not "convert this visa". She can adjust status to Permanent Resident on the basis of marriage to you if she is in the USA in H-1B status, that's not converting a visa.

Regards, JEff

asdfqwer

So it looks like she can just needs to have strong proof of her work/family ties in the UK and full return ticket back. Best case it seems is for me to just go to the UK.

Noorah101

It should be easy. If the bank gives you a hard time, speak to a supervisor there, or try another bank. She should be able to be added to your non-interest bearing account, or she could open her own non-interest bearing account. Instead of a SSN, they could use her Passport number to open the account.

No, that wouldn't count.

Ian was just giving you food for thought. Your family members ARE a 3rd party.

She is allowed to travel during this time.

As long as there is someone there to check your mail and notify you of anything important, and as long as it's a physical address where any form requires you to list a physical address...yes.

If she comes to the USA on an H1B or other non-immigrant visa, she can marry you and then apply to adjust status from within the USA. No visa involved.

Rene

Rete

He's been reading viasjourney. Enough said.

sir_eccles

Rofl, but in all seriousness wasn't there a point a bit ago where some local field offices were applying rules differently to other offices. Using a literal interpretation rather than being more flexible, more difficult to do VWP/AOS in San Diego springs to mind.

Michael

I believe that the 9th district made some rulings a couple of years ago that was less than favorable for vwp to AOS.