Questions when entering U.S on VWP or tourist visa to get married?

[Dan & Jenni 457]

No it's still going and will be.

I've set my wedding a year ago when I was in US but had to rush back to my home country for a job. And both I and my fiance were gonna live in my country so we didn't need to file for any visa.

Later job situation got changed and we just applied for K-1 little too late for our set wedding date.

Now our plan is waiting for K1 until the last minute, and if it doesn't happen, enter US on a visa waiver program(preferably) or a tourist visa(like a lawyer recommended)get married and come back to my country. Then we'll cancel K1 and start CR1 process.

is this date really that important... like it cant be changed to fit in with the K-1??

[Kokonut 2]

you have not clearly stated what your intentions are entering the US on VWP.

since you are evidently getting married, there is a concern that you are asking for help getting through CBP with the intent to immigrate (ie AOSing through marriage to a USC).

tell us what your intentions are and people might be able to better answer your questions.

those of us who waited a long time to be with our partners after having done things 'the right way' have more limited tolerance for immigration tactics that seem less than 100% kosher.

No, I will leave. I don't want to complicate anything.

Sorry I wasn't clear on my situation. I'm generally a very private person and unlikely giving my personal story. So I kind of condensed my situation to get a general information about what kind of questions do they ask and how long it takes.

"Krikit" gave me a link to what I was looking for so it's all good now. That's all I wanted to know and if there really is mindless bold people who lie and mislead CBP officer and get passed the airport. Cuz I read some post about it.

[Kokonut 2]

is this date really that important... like it cant be changed to fit in with the K-1??

That's what I was originally thinking when things got complicated.

I lived in US for a while and set a huge wedding. Already got RSVP and people booked hotels to fly to NYC for my wedding. I have guests from all over the U.S...

If it was just my money to the venue, I would've given that up but it's too much to cancel and/or change.

My fiance was going to move to Korea after the wedding so I didn't need to apply for any visa. (or I needed, I didn't know)I was just gonna enter U.S on a VWP for a week for the wedding then come back to Korea.

And then because of his new job, he can't come live in Korea and we decided to live in U.S. When this change happened, and applied for K1 it was kind of late for our wedding date....

Edited December 21, 2011 by Kokonut

[Brit Abroad 166]

When you enter the US with a K1 in existence, they will ask you the purpose of your visit, how long you intend to stay AND, very often, caution you against getting married with the intention of staying in the US afterwards.

This will be noted in your record if you are "paroled" in, so if you DO happen to stay, you will have some severe issues at the AoS stage. Hopefully you are genuine in intending to make this a marriage visit and return to apply for CR1.

[Robert&Karen 264]

No it's still going and will be.

I've set my wedding a year ago when I was in US but had to rush back to my home country for a job. And both I and my fiance were gonna live in my country so we didn't need to file for any visa.

Later job situation got changed and we just applied for K-1 little too late for our set wedding date.

Now our plan is waiting for K1 until the last minute, and if it doesn't happen, enter US on a visa waiver program(preferably) or a tourist visa(like a lawyer recommended)get married and come back to my country. Then we'll cancel K1 and start CR1 process.

But on this forum, I've read that no matter what your intent is, how good your proof of tie to your home country is, the officer still won't be convinced and deny your entry.

So I just want to be prepared just like people share visa interview questions.

I'm a freelance worker and won't have a letter from my employer and don't have a fortune in my bank account to make them think I'm tied to my home country.

I know they can check my visa history right there. I never want to lie or anything similar to it. I only mentioned it because I was surprised to read some post that says people misguided the officer or didn't fully reveal the truth.

When you arrive at the border and the CBP officer asks your reason for traveling to the USA, the answer is TO GET MARRIED. You will be sent right back on the next plane if you do not have the correct visa. Now if you were here and fell in live and married on a whim that is different, but that is not your case. As your intention is to travel here to marry I suggest that you RUSH the K-1 visa. Also you can call USCIS and tell them you wish to marry in the US but then depart for your hoe country and see what they say. This can also haunt you YEARS from now if you decide to move to the US. There are plenty of stories where people used the wrong visa dozens of years ago and today pay the price for it.

Is your wedding date so set in stone that you cannot adjust accordingly?

[JoannaV 174]

So is your fiance living in Korea and going to be there until you are able to move to the US? If so that will be helpful if it becomes necessary for you to prove you intend to return to Korea and wait out the CR-1 process.

I don't know that they can see that you have applied for K-1. So it may turn out to be a very short and simple process. However, it all depends on the officer. If they decide to start asking questions and suspecting the worse of everything you say, then you may indeed end up turned away. Ultimately, there is no way of guaranteeing entrance.

You're right that the personal prejudice of each individual immigration official plays a role in this. Some are just generally more suspicious than others. Some have ideas in their heads about which countries are good and which are bad. Sometimes this is at least based in fact but other times they are completely wrong in what they think they know of a country.

Just answer shortly and truthfully whatever you are asked. If there is anything you think could help prove your intentions, bring it with you in your bag just in case. Stay calm. What will happen will happen. And ultimately, it will all work out okay whatever happens.

[Krikit 1,164]

When you arrive at the border and the CBP officer asks your reason for traveling to the USA, the answer is TO GET MARRIED. You will be sent right back on the next plane if you do not have the correct visa. Now if you were here and fell in live and married on a whim that is different, but that is not your case. As your intention is to travel here to marry I suggest that you RUSH the K-1 visa. Also you can call USCIS and tell them you wish to marry in the US but then depart for your hoe country and see what they say. This can also haunt you YEARS from now if you decide to move to the US. There are plenty of stories where people used the wrong visa dozens of years ago and today pay the price for it.

Thousands of people per year come to the US to get married.... they don't need a visa to do so. Think destination weddings. USCIS has nothing to do with the POE. It's always up to the CBP Officer. They have the ultimate say-so on who they allow to enter the US. The OP is not saying they are bypassing the immigration route. The are doing things legally.

I don't know that they can see that you have applied for K-1. So it may turn out to be a very short and simple process. However, it all depends on the officer. If they decide to start asking questions and suspecting the worse of everything you say, then you may indeed end up turned away. Ultimately, there is no way of guaranteeing entrance.

They cannot see an application at the first point of contact. But if the OP brings a copy of the application and is honest about it, that is always a good sign to them that the person is going about things the right way.

[jojolicious 38]

Thousands of people per year come to the US to get married.... they don't need a visa to do so. Think destination weddings. USCIS has nothing to do with the POE. It's always up to the CBP Officer. They have the ultimate say-so on who they allow to enter the US. The OP is not saying they are bypassing the immigration route. The are doing things legally.

They cannot see an application at the first point of contact. But if the OP brings a copy of the application and is honest about it, that is always a good sign to them that the person is going about things the right way.

...I'm not sure about this last part because if the OP shows a copy of a K-1 application which is filed but not yet approved and then in the same breath tries to enter on a VWP or B2 while saying she's there for her wedding this wouldn't make sense to a CBP officer. Applying for a K-1 visa shows the intention to immigrate through marriage. He would have no reason to believe that after entering on the tourist visa to marry that she'd go back home. Although some persons have been allowed entry under these same circumstances.

I think attempting to change the wedding date to maybe November or December while its still early is preferable.

Edited December 21, 2011 by jojolicious

[Stu4Lee 66]

I think there is an element of discrimination and unprofessionalism in CBP, I always seem to get them somehow, a bit like always getting the nutter sitting next to me on the train or bus.

There is also definitely discrimination against self-employed people in my experience.

Edited December 21, 2011 by Stu4Lee

[Moomin 292]

...I'm not sure about this last part because if the OP shows a copy of a K-1 application which is filed but not yet approved and then in the same breath tries to enter on a VWP or B2 while saying she's there for her wedding this wouldn't make sense to a CBP officer. Applying for a K-1 visa shows the intention to immigrate through marriage. He would have no reason to believe that after entering on the tourist visa to marry that she'd go back home. Although some persons have been allowed entry under these same circumstances.

I think attempting to change the wedding date to maybe November or December while its still early is preferable.

I second that one.

However, it's still not illegal to have a wedding in the US. It's the intent that concerns the CBP. So even though two people had the identical story, one of them could be denied entry and the other not. It depends on their situation. It shows commitment to the legal way having a K1 petition out there. If NOA1 made you gain entry to the US as a visitor I'm quite confident that it's a big loophole. I'd say ties to any commitment(financially, responsibilities) you have may be considered stronger than a petition you're already wanting to cancel. I betcha you come off as more sincere to them if you are actually sincere, and you have the papers to back you up regardless of CBP seeing the papers or not.

[max+patricia 24]

I think one overlooked determining factor for a smooth POE is U.S. entry/exit history. How many times you've been to the U.S., how long you've stayed during those times, if you have EVER overstayed, etc. My (now) wife came on a tourist visa, was upfront with the IO about her intentions, had 3 expired passports showing 100+ stamps from the U.S. over 20 years, her car title from home worth about $40k - and as mentioned earlier, the IO warned her to go thru the visa process the right way - that's it. We married, filed I-130, she's going back to her home country before her I-94 expires - no problemo (and this is AFTER having filed a K-1 for her last year which to many people might be a big red flag). Totally legal, totally legit.

Long story short - if you have a good track record of visits, proof of ties to home, a positive attitude with the IO and to-the-point answers for his/her questions - you're probably in good condition. If not, be careful. The emotional trauma of a denial after a long flight seems worse to me than the stress of later visa progress, financial nonsense, etc.