Entering on VWP (from UK), marrying, leaving, ok?

[dez93_2000 2]

Hi all. I think this is probably fine but I've not seen anyone else say it... possibly because there's nothing wrong with it!

My full story is here and my current plan is:

1. 2nd Feb: fly to USA on VWP to spend a month with my girlfriend.

2. get married while I'm out there.

3. fly back as per my already-booked return flight.

4. file for CR1 around November 2014 so it's ready Feb 2016.

5. visit her in the USA 3-5 times per year for the next 2 years on VWP.

6. Arrive in USA Feb 2016, over 2 years after getting married, CR1 approved, all is well, live together.

Can anyone see a problem with this? I have to finish my PhD in Ireland so I can't move out sooner, so I'm not really in a rush, but I don't want to lower my chances of being allowed to visit for the next 2 years simply to reduce the paperwork of changing from the '2 year conditional' to the '10 year' greencard when I'm finally there in 2016.

I've seen people saying that customs officials told them "don't get married while you're here" but many of those comments were from 2007 and things may have changed.

Thanks in advance!

Simon

[bdrew612 1,071]

You should not have any problems. My husband flew here on VWP and we got married in the US. He flew back, no issue.

When you visit, make sure you can provide ties that you'll return to Ireland (return ticket, copy of the I-797, letter from employer or university that you are still active). I've seen many threads from people with pending I-130s and travel to the US on the VWP and there's rarely any problem visiting. :-)

[Cathi 5,695]

You shouldn't have any problems. Just a note, if you are married for 2 years or more when you receive the visa it will be an ir1 not cr1, you will get a 10 year green card and you won't have to remove conditions. Good luck!

[dez93_2000 2]

So THAT'S the difference between an IR1 & a CR1, thanks mimo!

And cheers for the tip bdrew, I'll find out what an I-797 is and make sure I have it

[edit: right, so that's the "CR1/IR1 process officially started" letter we'll get from the USCIS after applying for the CR1/IR1, so I won't have that until after I apply in November]

Thanks both!

Edited January 27, 2014 by dez93_2000

[Nich-Nick 3,354]

We didn't mention this before, but because you are residing in Ireland, you will interview and have the medical in Dublin and not in London, United Kingdom. Some people think they must get the visa from the country of their passport.

[Ketsuban 1,034]

I visited my husband in July for 2 weeks, got married in the second week then flew home. When I got to the POE and was asked my purpose for entering, I said "to visit my boyfriend for 2 weeks". I was stamped in right away (after the officer stared at his screen looking suicidal for a few moments o.o)

VWP is handy when there is no grilling