Rete

Not deny your access but deny your green card and send you right back to the UK where you will have to apply for a waiver of inadmissibility.

There are proper channels and you are savvy enough to try and circumvent them. It's your life, do as you wish.

BTW if you think the USCIS doesn't know about this site and doesn't read its contents, think again.

SanDiegogirl

The marriage will not be considered fraud - your entry to the US will. The VWP is purely for tourist purposes, for a maximum of 90 days and people using it are expected to leave the country at the end of the 90 days.

You are not intending to do any of this.

Noorah101

You need to research this more. It is illegal to misrepresent yourself as a visitor to the USA, if your real intent is to remain and adjust status to permanent resident.

It's perfectly fine to get married on the VWP, but not fine to have the intent to remain in the USA after the wedding to adjust status.

If you "understand you cannot enter the US with intentions of marriage" (which is untrue...you CAN have THAT intent), then why are you doing it?

You said you have no intention of going back to the UK, so that directly goes against what you said above in this post.

I assume what you meant is that you intend to enter on the VWP, marry in August, and then return to the UK for immigrant visa processing.

Rene

materialcontroller

If you declare yourself bankrupt, all of your debts are written off and considered settled at the time of your discharge. There won't be any CCJ's. There won't be any outstanding amounts of money to pay.

The official receiver might ask you to make a financial contribution while you're bankrupt, but only if you're in a position to do so. Which from the sound of things, you won't be. So you get away with paying far less back.

The advantage is that you won't be continually looking over your shoulder for the next 6 or 7 years in case a creditor comes looking to try and enforce a CCJ against you. You'll just have 12 months of kissing the official receivers backside. And there's nothing your creditors can do. In fact, once you're bankrupt it's illegal for them to contact you.

And going bankrupt in the UK will have minimal effect on you in the USA.

sanfranjones

There are companies that will help you consolidate your loans and agree reduced payment terms with the companies you owe. A friend of mine did this and has been happily living in CA for 10 years. They have even bought a house.

AmerLisa

In answer to this question... If you do a search on this forum, you'll find that they will try and chase you up for debts that you've left over there. It's easy enough to find your SSN (and you'll have one over here) and to put those debts on your credit report (although it's not exactly something they can enforce without a judgement, I believe) If it's on your credit report, it becomes harder to get any credit at all. Might be a better idea to arrange some kind of repayment plan ahead of the game. Because they will find you.

simonza1

Im Ok financially as my partner has a good income and is more than willing to support me until I can legally work. We was thinking about having a quick wedding in the court house a few weeks after I officially propose. And then the August wedding will be on the beach with over 200 guests will be more for celebrating rather than legal reasons etc.

materialcontroller

Or tell them to do one and declare yourself bankrupt. Meaning they get sweet FA.

AmerLisa

Why would you go to all the trouble of planning a wedding and not have the right visa to stay here?

Noorah101

That's all fine and good, it sounds lovely. You're perfectly fine to do both the courthouse wedding AND the beach wedding while you're visiting on the VWP.

What you aren't supposed to do, is enter the USA as a visitor with the intent to remain and adjust status to permanent resident.

So have a talk with your fiancee, and since you made all these nice plans, go ahead and follow through with the wedding portion. Then, after you have the certified copy of the marriage certificate in hand, have your wife file an I-130 towards your immigrant visa. You go back to the UK and follow through on obtaining an Immigrant Visa. It takes about 8 - 10 months to process, but you are allowed to visit each other in the meantime.

You mentioned that you have a "regular tourist visa". Do you have a B-2 visa? Or did you mean the Visa Waiver Program (VWP)? If you enter the USA on the VWP with the intent to remain and adjust status (AOS), your AOS could be denied and you have no recourse for appeal. If denied, you will be removed from the USA, with a ban from returning, perhaps permanently. If you actually have a B-2 visa, you at least have the right to appeal if your AOS is denied.

Before going down this route, make sure your fiancee is OK with moving to the UK if your AOS is denied.

Rene

Bink

Are you a same sex couple? Just clarifying as if you are there is no visa route for you as a couple.
Apologies if not, just checking.

simonza1

Because we cant wait around and want to be together asap! we hate being apart.

civilservant

You need to understand the serious risks this plan entails. You're worried about your debts, but they'll be far more troublesome if you cannot move to the US because you have received a ban.

GeoffM

Don't you have to prove inability to pay though? Otherwise everybody would be doing it. I can't imagine that running off to the US would be a valid reason for inability to pay. Part of the bankruptcy process involves going through your finances in minute detail and identifying where savings can be made - and how much in repayments can be kept up. It would be an interesting position to be in if he defaulted on debts agreed with the Official Receiver compared to debts with banks/credit card companies etc.

Sue

We all understand that. But short term pain will help the long term gain. Do things the right way ... your future is too important to mess it up over a few months apart.