Getting married on a tourist visa

[JoannaV 174]

The problem with this is that lately, people who are trying to adjust status from the VWP have had a lot of trouble. Lots of cases aren't being adjudicated but rather are still pending while USCIS decides if they want to change policy on this issue. A few years ago, this wouldn't have been an issue at all, but now, it's a lot more risky to try to adjust from the VWP.

I said something to this effect in another thread and someone jumped on me saying it wasn't true. I guess if they are still pending we don't know if they'll be successful or not, we just know it will be a slow process. (Which may result in failure, but right now I guess those people are together in America.) Does anyone have any concrete evidence of both people with pending cases due to this or USCIS thinking of a policy change?

[marlea 84]

I said something to this effect in another thread and someone jumped on me saying it wasn't true. I guess if they are still pending we don't know if they'll be successful or not, we just know it will be a slow process. (Which may result in failure, but right now I guess those people are together in America.) Does anyone have any concrete evidence of both people with pending cases due to this or USCIS thinking of a policy change?

Yes, I'll see if I can find it. I read a thread where someone was told at an interview by an adjudicator that he was unable to give a decision because USCIS offices have been told to not rule on cases such as these. It's all due to some court cases which have led to USCIS contemplating a policy change.

But more than anything, there is definitely a greater risk of being removed from the country or being deported if someone doesn't apply for AOS while they are still in their 90 days on the VWP. Once they are out of status, things are really risky. I have read threads from one or two instances where the person was denied and then told they were being deported, all due to a VWP overstay.

[closed-20101014 3]

When I did this the border guy was really casual about it and simply asked

"Is this a vacation or are you coming here to work?"

My answer: No, I'm not coming here to work.

Then he askeed "What do you work as at home" and "when are you coming back."

It was really easy to dodge having to give the true intent. I never once got the open answer "What is the purposes of your visit?" It's quite unadvisable really to tell them the true reason if you can avoid it, because it carries a risk of refusal. If you've already spent money on a wedding that would be disasterous. Avoid it if you possibly can, based on the questions you get. Bring evidence to tie you to the UK just in case you need to be truthful.

[closed-20101014 3]

And I'm going to be honest here, I've been a real idiot.

It occurs to me I could have legally done AOS because we entered the US intending to marry but we also intended fully to leave and do the UK visa. Even though I would have preferred to live in the USA. Why? Lots of reasons.

I had no US sponsor. My husband is a student.

My husband told me his parents were liberal minded and he was sure they would love me, but I was sure they would not, because boyfriends have given me that line before and parents of my exes have hated me to the point of trying to emigrate/threatening to cut off uni funding for their son, the works.

There's also the fact that I am 12 years older than him, I'm a divorcee, I left my ex for this man (without them knowing the circumstance ie. my marriage was failing and he'd been my friend for a year already, it looks bad.)

To my complete and totally amazement I've been accepted 100% by his family and they offered while I was there to sponsor the visa.

I SHOULD have done AOS. I'm a screaming idiot. Now I'm stuck terrified of a medical that if I'd done AOS, I wouldn't have had to do.

[JoannaV 174]

I SHOULD have done AOS. I'm a screaming idiot. Now I'm stuck terrified of a medical that if I'd done AOS, I wouldn't have had to do.

There is a medical required for the AOS. (Except for when you have done a K1 visa and already done the medical with vaccines.) Medical with AOS would've involved finding a civil surgeon in a foreign country (aka America). As it is you know exactly where you will be having the medical in the UK, and there are tonnes of reviews out there so you can know what to expect. I was anxious about the medical for months because I don't like people poking around with my body, especially when I have no control. (Ie, I had no choice, immigration was in control.) But honestly? It was no big deal. The doctors who do the UK medical are very discrete and non-interventionist.

I know the feeling of second-thoughts, there were two times I was in America and could've filed for AOS. But, I didn't have all my documents and stuff in the US, it seemed a less sure way to go, and I don't really like to do things the non-proper way. Would've made me feel like I was jumping ahead of all the people who were stuck abroad filing K1s or CR1s. But I could've avoided those times apart from my husband! (To be fair, I spent the majority of the time in America anyway.)

[Brother Hesekiel 2,236]

It is perfectly legal to get married in the US while on vacation. My daughter and her husband did it in Hawaii, and now some of her friends are planing the same. In fact, Hawaii is one of the coolest places to get married. Getting married has nothing to do with immigration.