Marrige on the VWP

[I am me 0]

What are the differences in geting married on the VWP then going back to home country and filing rather than me applying for a K1?

Does anybody have any advise?

[payxibka 10,047]

What are the differences in geting married on the VWP then going back to home country and filing rather than me applying for a K1?

Does anybody have any advise?

The visas would be different... K-1 for unmarried, K-3 or CR-1 if a spouse.

[Minya's wife 25]

What are the differences in geting married on the VWP then going back to home country and filing rather than me applying for a K1?

Does anybody have any advise?

the K-1 is a fiance(e) visa...you must not be married when you apply and are granted the K-1. Marrying on the VWP and returning to home country and filing for an immigrant visa is completely acceptable....and is one of the options you have available. Take a look at the Guides available here on VJ....they offer a wealth of information and explain the difference between the different 'family' immigration options.

-P

[I am me 0]

So there wouldn't be any problems at all with my coming to the US and marrying my guy on the VWP? Can I stay with him when he starts filing for the visa or would I have to leave straight away? And is it possible to visit him out there while things are being processed?

[TayRivers 4]

So there wouldn't be any problems at all with my coming to the US and marrying my guy on the VWP? Can I stay with him when he starts filing for the visa or would I have to leave straight away? And is it possible to visit him out there while things are being processed?

The problem would be that the CBP at POE might refuse you entry if you say you are coming here to get married, You would need to bring very strong evidence that you do intend to return, even then your entry is not 100% sure.

Edited October 2, 2008 by TayRivers

[payxibka 10,047]

So there wouldn't be any problems at all with my coming to the US and marrying my guy on the VWP? Can I stay with him when he starts filing for the visa or would I have to leave straight away? And is it possible to visit him out there while things are being processed?

As long as you honor the terms and conditions of your entry (including but not limited to length of authorized stay) you can do as you wish....

Visiting while in process is possible... If questioned, you will need to provide adequate proof that you will leave if allowed to enter.

[I am me 0]

What proof is needed? All I hve is phone bills and a couple of emails. Would that do?

[payxibka 10,047]

What proof is needed? All I hve is phone bills and a couple of emails. Would that do?

Proof that you still have strong ties to your home country... Like a job, house, family, anything of significance that would cause you to return. If you have begun to sever your ties with home, then the presumption is that you will be more inclined to stay inside the US. They do not like that if you are entering on a non-immigrant visa or VWP.

[YuAndDan 153]

So there wouldn't be any problems at all with my coming to the US and marrying my guy on the VWP? Can I stay with him when he starts filing for the visa or would I have to leave straight away? And is it possible to visit him out there while things are being processed?

As long as you dont OVER-STAY your visit period this is not a problem.

After marriage you will start by filing I-130 for a spousal visa.

Consider the CR-1 visa, it results in green-card, so less dealing with USCIS.

[desilu 0]

So there wouldn't be any problems at all with my coming to the US and marrying my guy on the VWP? Can I stay with him when he starts filing for the visa or would I have to leave straight away? And is it possible to visit him out there while things are being processed?

Hi

I got married in Manhattan on VWP then flew home and started the CR-1 process. As long as you fly home within 90days of arrival there shouldnt be any problems. Its usually reccommended to fly home and start the CR-1 process once you are outside of the US.

I didnt visit the US whilst my application was being processed by CIS (my husband came here instead) but I know of some VJ members who have done so successfully.

If you do plan to visit during the visa process it would be best to show proof you intend to go back again. A return ticket is a must and, as payxibka says, other documents to show your ties in your home country.

Good luck on your journey

Edited October 2, 2008 by desilu

[I am me 0]

How soon can you start you visa application after you marry your partner on the VWP? Would I have to return back to the UK or can it be started when i'm there? Also, can you visit while the paperwork is being processed? And if I was to marry on the VWP do I ned a K3 or CR-1?

[payxibka 10,047]

How soon can you start you visa application after you marry your partner on the VWP? Would I have to return back to the UK or can it be started when i'm there? Also, can you visit while the paperwork is being processed? And if I was to marry on the VWP do I ned a K3 or CR-1?

You can start the petition as soon as you have compiled all the required evidence. Your physical whereabouts does not matter. Of course you can attempt to visit. Your entry into the USA is never guaranteed. CR1 or K-3 are both spousal visas. Each has different characteristics. Learn the differences and decide based on what is important to you.