bcwinthrop

Hi everyone, I have spent lots of time reading posts here. They have been very informative and I thank the community for that.

Here is background on my situation

I am a USC. My fiance is a UKC. Her family came here when she was 16, family was sponsored by a major corp. Corp sponsored family for greencards some years later. My fiance was over 21 at the time so she didn't qualify. She went to college here on a student visa and got a degree. After college she worked here for the next 4-5 years on H1bs. She has always been on the up and up, never overstaying, no denials, nothing like that. We have been together 2.5 years, lived together for a while etc. A year ago she lost her job and H1b. She went back to the UK. She has visted for a few weeks here and there on the VWP always leaving in time.

Here is what we want to do (plan on doing) and I'm trying to weight the risks/options:

We are going to get married in Bermuda this summer. Her plan is to come to the US on the VWP for a few weeks (to stay with family, sister is about to have a baby). Then we are going to fly to bermuda and get married. We plan to take a cruise out of miami after the wedding. After the cruise she is going to fly back to where her family lives in the us and then back to the uk.

I know there are a lot of POEs involved here but this is how I see it happening and this is what I'm looking for answers on.

When we come back into the states from bermuda we will have just been married. It's my understanding that she could be denied but likely they will allow her back in for the remainder of the 90 days on her VWP. I know not lying is the golden rule so I imagine if she showed the inspector her ticket for the cruise in miami and the return flight to the UK (before the original 90 days is up) this would be sufficient evidence of her returning? Also same goes for coming back in from the cruise (goes to caribbean) she will tell them that she is staying with family for a few more weeks on VWP then show the return flight home.

Provided we make it that far.

Once we get back from the honeymoon and step foot in states, I would like to file her I-130 to start the K-3 process. Is it ok to do this provided she leaves the country before her 90 days is up? Also it is my understanding that she will need to go to the bermuda consulate (where we got marri3ed) to get her K3 stamp. Is this an interview process (appointment) when she goes to get the stamp or does she just go pick it up and show ID (they have walk in non-immigrant hours at the bermuda us consulate)? Also while her K3 is pending can she come here to visit for a few weeks provided she has a return ticket etc or is this pushing it?

Any thoughts on all of this is appreciated. We want to keep things legit but we want to minimize the amount of time we have to stay apart. Also if anyone has any other ideas that would be legal that may allow her to stay here when we get back please let me know. ( we should have got the k1 ahead of time but we got bad advice and didnt get in time, right now it is too late we wont get it in time for the wedding n bermuda)

THANKS IN ADVANCE!

scrubbedexpat099

K1 would have only been applicable if you married in the US.

The K3 may be a non immigrant visa but it is dealt with the same way as immigrant visa's are.

You might want to do the CR1 at the same time.

And check that she can go through the Bermuda consulate as a visitor. This strikes me as being the potentially tricky bit.

All the visits are sub the usual show of non immigrant intent.