Marriage in Visa waiver

[tartaruga 0]

Hello

After reading all forums i stayed even with more questions:(

The situation is this.

Im portuguese citizen (visa waiver) and my fiance is u.s citizen.were togheter for 3 years and traveling most of the time spending also some time in u.s other time in portugal and other countries.

We will like to get married soon in the U.S mostlikely in Nevada state.and after we plan to travel to south america for 5 months.after that maybe we plan to stay for some time in u.s.

Do i need to get K1 fiance visa?

Can we apply for direct consular afterwards in portugal?

can U.S deny my entry after we got married?

All the help will be much apreciated

thanks in advance

[ChristinaM 0]

If you plan to marry in the US but not immigrate at this time, you do not need a K1. However, with intent to marry on the Visa Waiver, be aware that you may be denied entry at the border because of the risk of you adjusting status. This will also depend on how you've used the VWP in the past - have you made lots of long stays in a short period of time, or have you visited twice a year for a week or two each time? That difference can matter.

Something you could do to help would be to have your plans for onward travel booked and have the details to show them at the border that you plan to leave after you marry.

Yes, the US can deny you entry after you are married. In their eyes, everyone is a potential immigrant. It's up to you to prove that you have ties elsewhere that prove you will not immigrate at that time.

I don't know about DCF from Portugal; I looked a little but don't have the time right now to hunt down the answer for you. There would certainly be nothing to stop you filing for the K3, although from my understanding you would need to have a fixed address and would not be able to be travelling whilst your visa was processing (due to having to go to interview, that kind of thing).

Good luck!

[oripon 0]

Hello,

I just got GC after entering US with K1 VISA. I hope I can help you a little.

>We will like to get married soon in the U.S mostlikely in Nevada state.and after we plan to travel to south america for 5 months.after that maybe we plan to stay for some time in u.s.

Do i need to get K1 fiance visa?

For only the wedding, you don't need the VISA.

(Don't tell that you are going to get married at the passport control or explain them that you won't attempt to stay more than 3 months in US and persuade them that your visit is only for the wedding)

IF you will leave US in 3 months and won't try to stay here longer, you don't need to get a VISA, I believe.

However, you may need K3 Visa to enter again aftere your trip.

Once you become his wife, you won't be welcome as sightseener no matter how long you will stay in US.

To enter you may need to cheat the immigration staff at the passport control to tell them that you are not his wife.

But it is really high risk, so it is better to give up to come back US after the trip without any legal documents.

>Can we apply for direct consular afterwards in portugal?

If you won't come back US after the trip, it would be ok though it would take some time.

>can U.S deny my entry after we got married?

As I mentioned, yes it is possible.

A spouse cannot get through the passport control as a visiter.

All the help will be much apreciated

thanks in advance

[ChristinaM 0]

>can U.S deny my entry after we got married?

As I mentioned, yes it is possible.

A spouse cannot get through the passport control as a visiter.

That's not strictly true. The burden of proof is greater, and the chance of being denied is greater. However, there's nothing that says the spouse of a USC can't visit.

[Boiler 45,875]

>can U.S deny my entry after we got married?

As I mentioned, yes it is possible.

A spouse cannot get through the passport control as a visiter.

That's not strictly true. The burden of proof is greater, and the chance of being denied is greater. However, there's nothing that says the spouse of a USC can't visit.

I would have said not true at all, and rather dangerous. Best to leave it alone if you do not know.

Many people travel on the VWP who have US Spouses, but it would be advisable to make sure that you have documentation to support your non immigrant intent, just in case.

[tartaruga 0]

i was thinking mayb eit will be easyer to get married in portugal but then also..i saw this http://www.american-embassy.pt/ConsDocs/AC...gePortugal.html.

in the end they advice for us citizens to marry in gibraltar its easy.

then after some google i found this....http://www.gibraltar.gov.uk/hol/WhatTo/getting_married.asp

Do you think it will be a possible solution to maary in gibraltar?

can i after apply in portugal to direct consulat?

[ChristinaM 0]

I also saw that it's easier to marry in Gibralter, and there's nothing to stop you doing that. There's nothing to stop you marrying in the US, if you want to. The issue is not where you marry, but where you file from and the residency requirements to do DCF.

It doesn't appear that you can file directly with the consulate in Portugal, from everything I've seen. Which means you'll have to file the I-130 and I-129F stateside for a K3. I think that's your next point of research - I believe the K3 forum has a good FAQ's.