Marriage outside of US

[Mags 112]

3 topics, different titles, same content, have been merged. OP, please only start ONE thread with the same question.

Thanks.

[Minya's wife 25]

Consider this. EU and America would like to marry but the EU party does not want to be made subject to PR status or greencard. Rather the EU party wants to retain plain alternative visa status thru the marriage. Marriage within the US wouldn't produce that. Already checked. Would marriage under another jurisdiction retain that status?

Please explain what you mean by "plain alternative visa" status thru marriage?

Where do the parties wish to reside?

FWIW, marriage is marriage....

What I mean is being able to enter the US on waivers or visitor visas. Point is that I do not want to be forced into a PR and/or green card status by marriage. The parties would be in the US for a season and out of the US for a season. I was thinking that marrying outside of US jurisdiction might tune out those requirements. One thing is for sure. We not desire to marry on US terrritory.

You can marry wherever you want, there is no requirement to obtain permanent residency if you marry in the US, or wherever. The only thing that would "force" you into a PR and/or green card status by marriage would be if you desire to live(i.e. remain longer than the 90 days allowed by the VWP) and establish roots here.

In the US for a season, out for a season is quite transitory....and while most w/ the VWP may not have had problems entering the US, there have been instances of people turned away at the POE because they did not sufficiently dispel the "assumption of intent to immigrate."

-P

[Sister Fracas 5]

3 topics, different titles, same content, have been merged. OP, please only start ONE thread with the same question.

Thanks.

not to mention sent to me in a pm...

[Peikko 1,575]

You got one too? I don't feel so special any more!

[Empress of Groovy 373]

If your intent is to enter repeatedly on the VWP, it doesn't matter where you were married, or if you're married at all. But as others have mentioned, you may be denied entry, particularly if you divulge that your spouse is a USC. As a visitor, you have no special status even if married to a USC. Unlike other countries, US immigration isn't concerned with family unification (this is fact). You and your spouse could show up at a port of entry, and you could be turned away. People unfamiliar with the process often expect that just by virtue of being married to a USC, they'll be let in, which is, sadly, far from the case.

There's no way to be "forced" into PR status. As you may have gathered, it's a lengthy process that you and your spouse have to initiate.

[Sister Fracas 5]

You got one too? I don't feel so special any more!

nor I...

[Empress of Groovy 373]

If your intent is to enter repeatedly on the VWP, it doesn't matter where you were married, or if you're married at all. But as others have mentioned, you may be denied entry, particularly if you divulge that your spouse is a USC. As a visitor, you have no special status even if married to a USC. Unlike other countries, US immigration isn't concerned with family unification (this is fact). You and your spouse could show up at a port of entry, and you could be turned away. People unfamiliar with the process often expect that just by virtue of being married to a USC, they'll be let in, which is, sadly, far from the case.

There's no way to be "forced" into PR status. As you may have gathered, it's a lengthy process that you and your spouse have to initiate.

I should add that you can substitute boyfriend/girlfriend for spouse, with similar results. The more U.S. stamps you have in your passport, the more questions you'll be asked upon entering.

[Marilyn. 340]

You got one too? I don't feel so special any more!

nor I...

I got one too

[Dr. Obvious 49]

Isn't just being married to a USC basically considered immigrant intent until proven otherwise?

[Kathryn41 3,205]

The US immigrations' official policy is that everyone, every time they arrive at the US border requesting admission to the US harbours immigrant intent. The stronger your 'ties' are to the US - and marriage is considered a strong tie - the more suspicious they will be of your intent to remain in the US. They would rather deny you entry rather than risk having to track you down when you violate a visa by remaining in the US instead.

In an ideal world, it would be lovely just to travel back and forth, live here, live there, work when we liked doing jobs that we liked and not having to worry about all of those silly societal rules and regulations. This isn't an ideal world. This is a world of reality where countries have borders and explicit procedures and regulations governing who is allowed to cross the border, why they are allowed to cross that border and when they are allowed to cross that border. If you want to be a citizen of the world, that is fine. If you want to 'live' in the US in any meaningful way (ie obtaining a home, working, going to school, etc.) then you are not a visitor and need to satisfy the criteria of the government. If you want to visit for a few weeks every few months, then you will need to be prepared to present strong evidence of ties to another country other than the US each and every time you apply to enter the US, and be prepared to be denied entry. Marriage to a US citizen does not guarantee you will be allowed into the US, especially if it appears you are trying to live here even for part of a year.

[payxibka 10,047]

Isn't just being married to a USC basically considered immigrant intent until proven otherwise?

All have to overcome the presumption of immigrant intent... not just the ones married to USC's