mads85

Hello

Im planning on heading to the US for a couple of months in July. Whilst there it is mine and my boyfriends intent to marry. Do I need to go on any special visa? or is the normal holiday visa fine? also is it worth starting our I-129 forms now before we get married, just to hasten the process? thanks

dakota44

If you enter the U.S. on a visitors visa, get married and then apply for AOS...that's a no-no as I understand it. You cannot enter the U.S. as a visitor with the intent of marrying and not leaving. If you go as a visitor and get married with the intention of returning home...that's different. I'm not sure anyone can prevent you from marrying. I'm sure you will be advised here to apply for a fiance visa.

Duncan Roberts

It would probably have been a good idea to look into this sooner as there are procedures for what you want to do. Is it your intent to get married and stay in the US? If is then the best way is to apply for a K-1 which will take around 6 months or so. If it is your intent on getting married and not staying in the US then that's fine to do without a visa. You just have to return to your home country and your then spouse will file to bring you over, again probably around 6 months wait or so. You can get married on the visa waiver/tourist visa and apply for an adjustment of status, but if it's your intent to do that when you go through immigration then it's not legal. Just remember that immigration don't give a toss about you or anyone for that matter and doing things that fall outside their published procedures just adds to the headaches of dealing with them. Never lie to them, but never volunteer information unless they specifically ask you for it. If the immigration officer thinks it is your intent to use the visa waiver/tourist visa and stay, you could find yourself on the next plane home.

Noorah101

You do not need a special visa to come and get married in the USA. You can enter on the VWP and get married, but you still must return to the UK before your 90 day visit is finished, and you'll still complete the visa process in the UK.

If you get married and go the spousal immigrant visa route, you won't be filing an I-129 anymore. It will be the I-130. You can file the I-130 as soon as you have all the backup documents necessary, while you are still in the USA. You just have to return to the UK before your 90 days is up.

Best Wishes,
Rene

CarlM

Rene, if the Inspector at the Port of Entry asks about her intent, and she states she is getting married, is it safe to assume they will refuse her entry? Im just wondering if the "Ill leave again afterwards - I promise!" line would work!?

Noorah101

I wouldn't assume anything. She of course should not lie to the POE officer, and she should also bring plenty of proof of her ties to the UK, indicating that she does NOT intend to immigrate on her visit. She should bring rent or mortgage documents, a letter from her employer stating when she's due back at work, letter from school if she's a student, anything that would show she has a life to go back to in the UK.

Rene

mads85

I know I cant stay after we get married, and intend to return before the 90 days is up. I just wanted to see whether I needed to organize a special visa just to get married! When I go through immigration, and say that im just visiting for a holiday, should I mention the marriage or not?

Duncan Roberts

Only if the specifically ask if you will get married while you are there. To be on the safe side, take a lot of evidence that you intend to return home and not stay.

Noorah101

The rule of thumb with the POE officers is, never lie, and only answer the question asked. If they don't ask you about marriage, don't offer the information. If they specifically ask you "are you getting married on this trip?" Then of course the answer is "yes".

Rene