Marrying in the US under VWP

[pushbrk 12,898]

That is a really good idea! I'm sure my ex would write something stating that he has agreed to let me take her to Portugal and that he believes it is in her best interest. And he has to be there for me to get her passport so that is already implied to some extent. As for what I need to begin the Residency process in Portugal... really only begins once you're IN Portugal or already married, which causes some awkwardness, as the process to move there is quite a bit easier than to move here. But basically if we go one route, marrying in the US, then he applies to reunite family, he can bring my daughter and I both over, whereas if I go there, marry him and then apply, we have to apply for my daughter separately and she would have to stay with her grandparents until then. And with a divorce, and a big move, I would like to avoid too much moving around for her. So marrying here (or Gibraltar if we must) is the healthiest option in my estimation.

When we move back to the US is basically up to when we can save up enough to support ourselves.

A clear explanation of the bold section above should be in your letter. It explains why marrying here and then going to Portugal makes the most sense and it does it in a way any literate person can understand. Good job.

[Julie y Pat 67]

I think it might be reaching a bit, but if the goal is to satisfy CBP that there is no immigrant intent, the USC being a stay at home mom makes it unlikely she would have an affidavit of support approved without a cosponsor, which would be necessary to adjust status from VWP. But it might not be a good idea to seem like you know too much about adjusting status on VWP. So it not very strong evidence, but could be one more reason why, though marriage is planned on this trip, subsequent adjustment of status is not.