Where to marry and file I-130

[pjandrachel 0]

Hello

I was wondering if you could answer a question of mine. I have read the forums and there seems to be a lot of debate! I am a UK citizen and I am waiting to Marry my USC fiance. He is currently in the UK with me and I am going to America with him in May and we definately want a CR1 visa as i would like to find work ASAP

My question is

- Is it Ok for us to Marry here, go to the USA with him, file I-130 when there but still return to the UK (I have no intention of staying and adjusting the status of the VWP)

Or would it be best to go with him as his fiancee, get married there, file I-130 and then return to the UK for the rest of the processing?

Do I volunteer this information at POE and could it create problems later in the process?

Could I travel to the USA as his wife if I have no intention of staying and just prove ties to the UK (e.g a job to return to)?

Thankyou

[Ryan H 3,812]

- Is it Ok for us to Marry here, go to the USA with him, file I-130 when there but still return to the UK (I have no intention of staying and adjusting the status of the VWP)

Or would it be best to go with him as his fiancee, get married there, file I-130 and then return to the UK for the rest of the processing?

You can do either, here is the but: what is your fiance's status in the UK, is he there visiting or is he there on a long-term basis? I ask this because there are certain laws and regulations that may preclude a wedding in the UK for you and your US fiance.

Do I volunteer this information at POE and could it create problems later in the process?

Could I travel to the USA as his wife if I have no intention of staying and just prove ties to the UK (e.g a job to return to)?

Admission by CBP is not a guarantee in any circumstance. You must answer a CBP officer's questions truthfully, that does not mean you need to volunteer information that was not asked for. A generic truthful answer to a generic question is acceptable. If they ask a specific question, a truthful answer must be given.

[pjandrachel 0]

He is here as a visitor only so unable to file through DCF!

If we are married at the time I go do I say at POE he is my husband but we are filing I-130 and will return home in 2 weeks and wait for CR1 processing?

Getting married in the UK is not a problem we have found out what we need! Its just whether it would be a problem going to America! I understand it is only visa fraud if you intend to go as a visitor and stay right? So if I am returning after 2 weeks that is not visa fraud?

Is that correct?

[Nich-Nick 3,354]

He is here as a visitor only so unable to file through DCF!

If we are married at the time I go do I say at POE he is my husband but we are filing I-130 and will return home in 2 weeks and wait for CR1 processing?

Getting married in the UK is not a problem we have found out what we need! Its just whether it would be a problem going to America! I understand it is only visa fraud if you intend to go as a visitor and stay right? So if I am returning after 2 weeks that is not visa fraud?

Is that correct?

Here's my opinion on entering the US--

Normally the question is "What is the purpose of your trip?"

I think the answer is "business" or "pleasure". My British guy always said, "I'm on holiday".

The next question may be "How long are you staying?"

Done. Next in line please.

The point is, that first question is not "tell me all about your marriage, relationship, future plans, if you want to live in the US in the future, etc."

Wait for them to decide if they want to know more information. Then answer the questions they ask.

Visa fraud is using a tourist visa or VWP with the full intention of getting around the immigration process. It's if you plan in advance to permanently move to the US by entering on VWP rather than getting the proper immigrant visa. Intention is hard to prove and people immigrate via VWP all the time and sucessfully get a greencard. But it's not foolproof and there is no appeal if something goes wrong.

You are not committing any fraud. You are not doing anything illegal by visiting the US. But the CBP officer gets to decide if he thinks somebody looks or acts like they may not leave or will seek unauthorized employment and join the other undocumented aliens or illegal immigrants hiding out from ICE.