Can I marry on VWP then leave and later return to US?
Apr 20th 2010, 4:09 am
#16
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Re: Can I marry on VWP then leave and later return to US?
Why? It's often perfectly lawful to marry in two jurisdictions. I have no idea about L'Écosse, but I underwent a marriage ceremony to the person I was already married to on t'other side of Hadrian's Wall. Got the marriage certificate as well. There's an annotation in the note section of the certificate stating we had already married in a different jurisdiction.....so there was no great secret to this fact.
Apr 20th 2010, 4:10 am
#17
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Re: Can I marry on VWP then leave and later return to US?
To avoid beating about the bush: Given what you've said, it is possible for you to marry, stay and adjust status to permanent resident without leaving the US. It is legal because you did not intend to do that when you entered the country. It carries risk, because it can be difficult to prove that (lack of) intent, and if USCIS gets unfriendly you have little recourse to appeal. The decision is your own.
Apr 20th 2010, 4:16 am
#18
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Re: Can I marry on VWP then leave and later return to US?
Comment: you may want to talk to two immigration lawyers.
Apr 20th 2010, 4:43 am
#19
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Re: Can I marry on VWP then leave and later return to US?
There's an important point that hasn't been made yet, you cannot over stay the I-94W date in your passport even if you get married here in the US.
Apr 20th 2010, 4:52 am
#20
Septicity
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Re: Can I marry on VWP then leave and later return to US?
Apr 20th 2010, 5:08 am
#21
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Re: Can I marry on VWP then leave and later return to US?
Anax:
Follow the law and ignore posters who blatantly perpetrate/abet fraud. Seek honest counsel for options.
Alleged lying at the POE and then adjusting will be denied for fraud.
Follow the law and ignore posters who blatantly perpetrate/abet fraud. Seek honest counsel for options.
Alleged lying at the POE and then adjusting will be denied for fraud.
Last edited by lostlove; Apr 20th 2010 at 5:11 am.
Apr 20th 2010, 5:46 am
#22
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Re: Can I marry on VWP then leave and later return to US?
Ah yes, it's been a while since I poked my nose in here. It's comforting to see that you are still treating the world like it's your own personal soap opera. ;-)
Apr 20th 2010, 5:53 am
#23
Septicity
Joined: May 2004
Posts: 23,762
Re: Can I marry on VWP then leave and later return to US?
What exactly do you believe will happen if he overstays his I-94? Your warning against doing so was quite strident......but I have no idea why. The OP will no doubt be worried now should his future plans involve any overstay.......so for his sake I think you should elaborate rather than just insult those who's advice does not sit well with you.
Apr 20th 2010, 5:58 am
#24
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Re: Can I marry on VWP then leave and later return to US?
What exactly do you believe will happen if he overstays his I-94? Your warning against doing so was quite strident......but I have no idea why. The OP will no doubt be worried now should his future plans involve any overstay.......so for his sake I think you should elaborate rather than just insult those who's advice does not sit well with you.
Apr 20th 2010, 6:06 am
#25
Septicity
Joined: May 2004
Posts: 23,762
Re: Can I marry on VWP then leave and later return to US?
I just don't see why the overriding important thing is that he leave before his I-94 expires. Certainly as a general piece of advice, it is good. But it not a #1 priority as you seemed to suggest.....and I could see scenarios where he might decide to overstay the I-94 to fit in with his plans and not suffer any consequences whatsoever.
So again, why MUST he leave before the I-94W expires?
Apr 20th 2010, 6:24 am
#26
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Re: Can I marry on VWP then leave and later return to US?
I've no plans of staying longer than the 87 days mentioned in my post above. But a lingering question in my head regards the re-entry in July on a VWP after my fiancee and I have been married once or twice.
My innate optimism compels me to feel no border guard will send me awa back hame.
When I entered the US in March I got a bit of a grilling by the border guard. My return ticket was for 87 days later (so I squeaked in on the VWP).
I explained our marriage plans (outlined in my original post) and he said to keep to that plan, getting a Visa at the London embassy before returning. He may even have said I couldn't come back on the VWP. Do you think such a discussion (and the fact my plans changed) will have any influence on whether a border guard will let me in when I come back with my wife in July?
I explained our marriage plans (outlined in my original post) and he said to keep to that plan, getting a Visa at the London embassy before returning. He may even have said I couldn't come back on the VWP. Do you think such a discussion (and the fact my plans changed) will have any influence on whether a border guard will let me in when I come back with my wife in July?
Apr 20th 2010, 6:26 am
#27
Septicity
Joined: May 2004
Posts: 23,762
Re: Can I marry on VWP then leave and later return to US?
Alleged lying?
Denied for fraud?
Are you sure you've been reading this thread..... or was this post destined for a different place?
Apr 20th 2010, 7:01 am
#28
Septicity
Joined: May 2004
Posts: 23,762
Re: Can I marry on VWP then leave and later return to US?
I've no plans of staying longer than the 87 days mentioned in my post above. But a lingering question in my head regards the re-entry in July on a VWP after my fiancee and I have been married once or twice.
My innate optimism compels me to feel no border guard will send me awa back hame.
My innate optimism compels me to feel no border guard will send me awa back hame.
Objective: spend maximum time together while minimizing risk.
1. Marry USA tomorrow
2. Fiancee files I-130 petition for you tomorrow
3. Fiancee files for marriage visa for UK
4. Visit Mexico before your I-94 expires
5. Fly to Scotland and have a UK wedding
6. Fiancee hangs out with you in UK -- I believe she has up to 6 months
7. Process CR1 in London
8. Return to US together, you with CR1
Thoughts (refers to numbers above):
1. Perfectly lawful on a VWP entry
2. Hope you've considered the financial aspect
3. Dunno how long these take. Maybe a tight squeeze
4. Slight risk factor on every entry. I'd rate it 1/10
5. Whether you go before or a week after your I-94W expires is pretty irrelevant providing you don't overstay > 180 days. Overstaying means you can't use the VWP again -- but you won't need to as a PR. Suppose there's a slight risk your brazen attitude could piss off a conoff.....but I wouldn't give it more than a 1/10.
6. You don't say how long she can hang out without other commitments. but if she has none, I'd say you'll probably both be able to leave together.
Apr 20th 2010, 7:22 am
#29
Septicity
Joined: May 2004
Posts: 23,762
Re: Can I marry on VWP then leave and later return to US?
Certainly some gems of wisdom in that little section. Perhaps you should offer 3514, 3520,3533 and 3542 for inclusion in this Board's fine rules.
Apr 20th 2010, 1:14 pm
#30
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Posts: 601
Re: Can I marry on VWP then leave and later return to US?
. The more you post the more amusing and whimsical this will get. From Cinderella stories to Soap Operas. I found post number 13 troubling, one wrong move and it would finish in Cinderella like proportions with no dark handsome prince to the rescue.
Last edited by lostlove; Apr 20th 2010 at 2:01 pm.