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Filed: Timeline
Posted

My Japanese fiancee and I plan to get married in the US, and then go live in Japan. First she will travel to the US for a short time (1 or 2 weeks) under the Visa Wavier Program (VWP), get married, and then return to Japan. Then I will remain in the US waiting for my Japanese Visa, and then I will go and join her when that is all squared away.

Everything I have read indicates that while getting married with no intention to stay in the US under the VWP is perfectly legal, it is viewed with suspicion. My concern is that she will be denied entry into the US based on this suspicion. My question is, should she explicitly state her purpose to visit the US is to marry a US citizen OR should she just say she is visiting for tourism/seeing friends, and specify that she is getting married only if she is pressed for more information? I feel like it is better to be completely honest instead of half honest, but I also feel like if the customs agents do not ask directly about marriage she can pass through customs in a manner that is technically legitimate and far less suspicious. Of course she also plans to bring evidence of ties to her home country as well, such as return plane tickets, letter from her employer, paychecks from company, etc.

I don't know, maybe I am being overly paranoid about the customs agents but I have found very little information on this point so I thought I should ask.

Thanks

Posted

Coming to the US to get married on a visitors visa is not against the rules.

Indeed, the main contention is coming to the US with the intent to get married and staying to AOS on a visitors visa.

As long as you show strong ties to return, and your honest with your answers, you shouldn't have any issues.

(I saw a case similar to this and CBP put "Cannot AOS" on the I-94, to ensure that the person didn't attempt to do an AOS (they would of been caught in a "Misrepresentation" if they AOS, when they were told not, based on their statements of not trying to adjust after this marriage)

As always - it is up to the CBP to let you in, regardless of the info you give them at the POE.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted
My Japanese fiancee and I plan to get married in the US, and then go live in Japan. First she will travel to the US for a short time (1 or 2 weeks) under the Visa Wavier Program (VWP), get married, and then return to Japan. Then I will remain in the US waiting for my Japanese Visa, and then I will go and join her when that is all squared away.

Everything I have read indicates that while getting married with no intention to stay in the US under the VWP is perfectly legal, it is viewed with suspicion. My concern is that she will be denied entry into the US based on this suspicion. My question is, should she explicitly state her purpose to visit the US is to marry a US citizen OR should she just say she is visiting for tourism/seeing friends, and specify that she is getting married only if she is pressed for more information? I feel like it is better to be completely honest instead of half honest, but I also feel like if the customs agents do not ask directly about marriage she can pass through customs in a manner that is technically legitimate and far less suspicious. Of course she also plans to bring evidence of ties to her home country as well, such as return plane tickets, letter from her employer, paychecks from company, etc.

I don't know, maybe I am being overly paranoid about the customs agents but I have found very little information on this point so I thought I should ask.

Thanks

I would go with visiting a friend just to be in safe side good luck

Filed: Citizen (apr) Country: Canada
Timeline
Posted

The extremely vague answer of 'visiting a friend' will almost certainly get additional questions. She is allows to visit her fiance, she should say that. If prompted further she should tell the truth. Always tell the truth

Good luck

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

She should say she is visiting her fiance, and if asked about getting married, be honest. What she needs to do is to provide evidence that she is not intending on staying to AOS. Since you are both planning on returning to Japan after the wedding, make sure you have purchased her a return ticket - and purchase your own ticket that accompanies her. Provide her with evidence of those mutual return tickets in addition to her other evidence of ties to Japan (eg property ownership, lease agreement, employment contracts, ongoing responsibilities and expenses - all translated into English). Her job will be to reassure the border authorities if the issue arises that she is not planning on staying in the US.

Good luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Post removed at the OP's request.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

 
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