does the marriage have to be spontaneous?

[thevampirepandora 0]

I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

[Rhiannercakes 14]

You're thinking of if you marry in the US and adjust while in the US. (Which isn't really looked up upon here.)

What you're doing is fine. Most people who go through spousal visas have full, planned weddings.

And yes, you should file CR-1. It's much better in the long run.

[TheBears 9]

I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

No problems. Entering on a tourist visa, marrying on a tourist visa, then returning to being your CR-1 is okay. The problem of intent/spontaneity comes into play when you try to adjust status from tourist visa to LPR spouse.

Congratulations on your upcoming marriage!

[zenaxe 22]

I (US Citizen) plan on marrying my fiancee (from the UK) in December. We were planning for him to come and enter as a visitor in November and we planned to get married legally straight away. All of my family lives down in Mexico and we planned on throwing the party down there. If my fiancee enters on a tourist visa there is no problem with him visiting Mexico (as he has done before) so I don't think that will be a problem. After marriage we planned for him to return to the UK and begin the K3 visa process (although I am now considering the CR1 visa).

The thing is... that I read somewhere that the marriage has to be 100% spontaneous otherwise immigration will give us hell. Is this true? I personally don't see the problem with a marriage being planned..surely it has to be planned! I would really appreciate it if someone could clarify this for me.

As others have said, one can come into the USA to marry but you aren't allowed to cross into the USA with the intent to marry and then remain in the country. The K3 visa are getting obselete apparently.

You should get familiar with the guides on VJ so you have a better understanding of the different types of visa and which may work best for you. K3s are becoming obsolete and are taking as long as CR1 visas. Plus with K3, you have to adjust status and that costs more money, and you would need to apply for employment authorization in order to work legally, plus apply for advanced parole in order to travel in and out of the country, if needed. With CR1 status you are automatically able to work and travel.

Most people go for the CR1 because it takes the same length of time to process and because it gives you immediate work and travel authority, whereas with K3 you have to file for those. Adjustment of status of over $1000 as well, you should be aware.

Check out the guides, it'll help you get a better understanding.

Good luck and congrats on the future marriage.

[SunDrop 59]

K3s are becoming obsolete

K-3s are obsolete. As of February 2010, you are no longer able to apply for a K-3.

Is there a reason why you are not going for a K-1 visa? If you apply now, the likelihood of you having the K-1 by December is pretty good. Your fiance can join you in the States, you get married and then once AOS is filed and AP is granted, he can travel down to Mexico for the celebrations.

Just my take on it, but I would be worried about planning a wedding on the basis of being granted entry on VWP. You wouldn't have any proof that he intends to return to the UK post-marriage and you're at the mercy of a trusting CBP officer as to whether you're let in. Failure to enter would mean re-organising your plans, probably filing for a K-1 anyway and adds another 7-9 months on average to your ability to get married. While it is perfectly legal to enter the US, get married and leave, proving that you intend to leave is going to be the hiccup. Also, would your then husband be returning to the UK from Mexico? If not, then you're hedging bets that he can re-enter on a VWP, this time as your spouse. They are very reluctant to do this, although by that stage, you could have filed for the CR-1 and have the NOA1 with you when you go to Mexico.

Just feels like a lot of possible glitches that could be entirely avoided by going the K-1 route.