UK Citizen: Marry or use K1 to be with Fiance?
Jun 12th 2006, 10:07 am
#31
Joined: Mar 2003
Posts: 68,280
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Manc
not by Me it isn't.
Hobbsy lad.
if you don't do K1 or K3 visa route and get married on a VWP go to see an immigration attorney, he'll make your day.
Hobbsy lad.
if you don't do K1 or K3 visa route and get married on a VWP go to see an immigration attorney, he'll make your day.
Lawyer gives to yourself ....
Jun 12th 2006, 10:09 am
#32
Joined: Mar 2003
Posts: 68,280
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Kate2112
Hi Hobbsy,
No problem getting married on a VWP as long as you intend to leave before the 90 day expiry period. If you intended in the US after the wedding I would recommend against it as it could be a very long, fretful time until you get permission to work and a conditional green card. In my case it was 6 months before I could work!!! Many others have experienced longer delays.
Good luck whatever you decide.
No problem getting married on a VWP as long as you intend to leave before the 90 day expiry period. If you intended in the US after the wedding I would recommend against it as it could be a very long, fretful time until you get permission to work and a conditional green card. In my case it was 6 months before I could work!!! Many others have experienced longer delays.
Good luck whatever you decide.
Jun 12th 2006, 10:17 am
#33
Account Closed
Joined: Sep 2005
Posts: 8,271
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by meauxna
Are you saying that statement is not correct?
But then I'm no expert. My point was that to make statements of fact about immigrations based on personal experience is a dangerous thing to do.
Last edited by Angry White Pyjamas; Jun 12th 2006 at 10:21 am.
Jun 12th 2006, 10:22 am
#34
Joined: Mar 2003
Posts: 68,280
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Angry White Pyjamas
Depends on intent apparently. If you enter on a VWP with the prior intent to get married then you are doing so illegally. And also it would seem that you cannot AOS to permament resedent if you enter and get married on a VWP, according to the embassy website.
But then I'm no expert. My point was that to make statements of fact about immigrations based on personal experience is a dangerous thing to do.
But then I'm no expert. My point was that to make statements of fact about immigrations based on personal experience is a dangerous thing to do.
Jun 12th 2006, 10:27 am
#35
Joined: Apr 2002
Posts: 35,082
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Angry White Pyjamas
Depends on intent apparently. If you enter on a VWP with the prior intent to get married then you are doing so illegally according to the USCIS. And also it would seem that you cannot AOS to permament resedent if you enter and get married on a VWP, according to the embassy website.
But then I'm no expert. My point was that to make statements of fact about immigrations based on personal experience is a dangerous thing to do.
But then I'm no expert. My point was that to make statements of fact about immigrations based on personal experience is a dangerous thing to do.
There is nothing illegal, immoral or incorrect about using the VWP (or other non-immigrant entry) and getting married to a USC or anyone else. Preplanned or otherwise. Thousands do it in Vegas every year! If I've misunderstood, I'd love to see the link from uscis.gov that says that it is illegal to enter on the VWP with the prior intent to get married.
The intent you mention is the intent to immigrate on that visit, when presenting yourself as a visitor. That has been called illegal.
I sure agree with your last para.
Jun 12th 2006, 10:28 am
#36
Joined: Mar 2003
Posts: 68,280
Re: UK Citizen: Marry or use K1 to be with Fiance?
Just carefully read the I-485.........
Jun 12th 2006, 10:41 am
#37
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,174
Re: UK Citizen: Marry or use K1 to be with Fiance?
another thing to consider, but how many people come here and marry on the spur of the moment and decide to stay having conveniently sold up back home, with job etc and have the wedding all planned and come here with wedding dress/suit and with a straight face and conscience really say it was a spur of the moment thing.
another thought, even though the OP might not have an overstay barring use of the AP, how safe and secure would you feel in using it in the event of a family emergency and having to leave to be paroled back into the US? Being paroled being different from being admitted.
Chance of anything coming from it might well be slim, but using the VWP, you are signing away your rights to see an immigration judge if things go against you, so if a decision goes against you for some reason, you'll be booted and be SOL.
another thought, even though the OP might not have an overstay barring use of the AP, how safe and secure would you feel in using it in the event of a family emergency and having to leave to be paroled back into the US? Being paroled being different from being admitted.
Chance of anything coming from it might well be slim, but using the VWP, you are signing away your rights to see an immigration judge if things go against you, so if a decision goes against you for some reason, you'll be booted and be SOL.
Jun 12th 2006, 10:45 am
#38
Forum Regular
Joined: Aug 2005
Location: Atlanta
Posts: 249
Re: UK Citizen: Marry or use K1 to be with Fiance?
Is it not the case that the act of considering getting married whilst on the VWP (by discussing it on here before arriving in the US), potentially establishes intent to circumvent the K visa?
I'm no lawyer, but even with a bona fide L-1A, I always feel guarded at the POE, the USCIS officer is GOD at that point. I'd hate to be in the position of trying to hoodwink them.
I'm no lawyer, but even with a bona fide L-1A, I always feel guarded at the POE, the USCIS officer is GOD at that point. I'd hate to be in the position of trying to hoodwink them.
Jun 12th 2006, 10:46 am
#39
Joined: Apr 2002
Posts: 35,082
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Bob
another thing to consider, but how many people come here and marry on the spur of the moment and decide to stay having conveniently sold up back home, with job etc and have the wedding all planned and come here with wedding dress/suit and with a straight face and conscience really say it was a spur of the moment thing.
another thought, even though the OP might not have an overstay barring use of the AP, how safe and secure would you feel in using it in the event of a family emergency and having to leave to be paroled back into the US? Being paroled being different from being admitted.
Chance of anything coming from it might well be slim, but using the VWP, you are signing away your rights to see an immigration judge if things go against you, so if a decision goes against you for some reason, you'll be booted and be SOL.
another thought, even though the OP might not have an overstay barring use of the AP, how safe and secure would you feel in using it in the event of a family emergency and having to leave to be paroled back into the US? Being paroled being different from being admitted.
Chance of anything coming from it might well be slim, but using the VWP, you are signing away your rights to see an immigration judge if things go against you, so if a decision goes against you for some reason, you'll be booted and be SOL.
Just kidding. There are risks that the OP should know about before deciding. It's not just a wink and nod kind of thing.
Jun 12th 2006, 10:51 am
#40
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,174
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Roadster280
Is it not the case that the act of considering getting married whilst on the VWP (by discussing it on here before arriving in the US), potentially establishes intent to circumvent the K visa?
I'm no lawyer, but even with a bona fide L-1A, I always feel guarded at the POE, the USCIS officer is GOD at that point. I'd hate to be in the position of trying to hoodwink them.
I'm no lawyer, but even with a bona fide L-1A, I always feel guarded at the POE, the USCIS officer is GOD at that point. I'd hate to be in the position of trying to hoodwink them.
and your right, it's all down to the officer at POE, even with a K1 they could if they think your up to something deny you entrance into the US.
Jun 12th 2006, 10:54 am
#41
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Location: MA, USA
Posts: 92,174
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by meauxna
Oh just stop it Bob! Apparently this is a no-killjoy zone.
Just kidding. There are risks that the OP should know about before deciding. It's not just a wink and nod kind of thing.
Just kidding. There are risks that the OP should know about before deciding. It's not just a wink and nod kind of thing.
anyway, for the sake of a few months, and piece of mind, I would seriously consider the K1 route at this stage....though if the OP wants an easy immigration run, then the UK would be the way to go, lot quicker and cheaper than having to deal with the dinosaur that is USCIS.
Jun 12th 2006, 10:56 am
#42
Joined: Apr 2002
Posts: 35,082
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Bob
aye, there's intent here and to advise anyone to have intent and stay using the VWP could potentially get people in trouble....does it? not likely, but the potential is there.
and your right, it's all down to the officer at POE, even with a K1 they could if they think your up to something deny you entrance into the US.
and your right, it's all down to the officer at POE, even with a K1 they could if they think your up to something deny you entrance into the US.
Jun 12th 2006, 10:59 am
#43
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Joined: Aug 2004
Location: MA, USA
Posts: 92,174
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by meauxna
Ayup. Interesting tale of woe over at VJ last week. Fiance appears at POE with the K-1 & says he's here to live with his wife. Pesky religious ceremonies. Agent had no sense of romance & bounced the fellow back over the Atlantic (and then the Med). It's a pickle now because they are of course not legally married, but can't be un-married...
Jun 12th 2006, 11:00 am
#44
Joined: Mar 2003
Posts: 68,280
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Bob
least the OP weren't a plumber looking to move to Florida after a nice holiday at Disney
.
.
Jun 12th 2006, 11:35 am
#45
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Joined: Aug 2004
Location: MA, USA
Posts: 92,174
Re: UK Citizen: Marry or use K1 to be with Fiance?
Originally Posted by Ray
So you are a bit of a Plumbist are you !!!!!
