Anax

Hello all,

What a brilliant site I've been referred to here.

I am a UK citizen visiting my US fiancee in San Francisco on a VWP.

Our plans were:

1. Fly together to Scotland in May
2. Marry there in June
3. Get a visa at London Embassy
4. Return to US together in July

We've recently discovered step 3 is not so easy.

Instead, would it be possible

1. to marry here, asap (after all I didn't enter on VWP with this intention)
2. my fiancee files I-130 petition for me
3. we fly to Scotland and have a wedding party without the ceremony
4. I come back with my fiancee on VWP for a visit
5. leave and re-enter the country when CR-1 visa is ready

Minimizing separation time is now our chief goal. Any of your wise counsel is deeply appreciated.

ian-mstm

Yes... it is perfectly okay to enter the US on the VWP with the intent to marry.


Yes!


Yes - except you shouldn't have anything that resembles a wedding.


Yes!


Sounds like a plan!

Ian

Anax

Cheers muchly, Ian.

Interesting... didn't know this would be an issue. The issue being that the castle has been booked and the invites sent... and there's a few folk expecting a bit of a do.

As to my last point... could I save some bucks by popping down to Mexico before re-entering on my CR-1 visa.

Rete

Since you would be marrying first in the US, you can have a blessing ceremony in Scotland. There is nothing to stop you from having that. you are not doing a K-1 fiancee visa.

Noorah101

I think in the OP's case, having another wedding-type event in Scotland would be OK, as they are officially already married. It's only not a good idea to have a wedding-type event when it's the K-1 being pursued.

Rene

Noorah101

This sounds like a good plan, except she'll be your wife instead of fiancee, as you wrote.

Be aware that you MIGHT have trouble returning for a VWP visit so close to this current one....unless you plan to be back in Scotland for 90+ days. In theory, your plan is OK. Just be prepared in case you get a picky POE officer on that second visit...you might have to just wait it out in Scotland if you get turned around at the POE.

Rene

Noorah101

You will need to go all the way back to the UK to obtain your CR-1 visa, so it won't do any good to go to Mexico for anything.

Going to Mexico does not give you a new 90-day stay in the USA, if that's what you were thinking.

Rene

S Folinsky

Sign posted in the L.A. District Office of the old INS 20 years ago: "This is not Burger King; You can't have it your way." Although quite truthful, the powers that be mandated removal of the signs and replaced them with well printed posters which were not truthful [This was back in the day of the goal to be "kinder and gentler."

Comment: You forgot to mention that step # 2 re the marriage in Scotland may also not be that easy.

Comment: A good immigration attorney just might see a way to accomplish your goals. I don't see them mentioned here.

Wish: Good luck.

fatbrit

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.

fatbrit

Moderate study may let the cat out of the bag. You'll find it if you look hard enough.

Sally Redux

Zsa Zsa Fatbrit.

fatbrit

I don't do well without female company.

henryh

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.

fatbrit

Anax

The cat is truly out now and this discussion has got me chirpier than I was, when in a fug of Forum confusions.

My fiancee and I love the idea of getting married twice - presumed that was a no-no. My fiancee has held off sending in for the visa to marry in UK till we resolved this, but now plans to send it in tomorrow. And I'm hoping to speak to an immigration lawyer this week.

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?