Marriage on the VWP?

[Mia Jones 0]

Hello guys,

Im new to this and like everybody just after some information really. My very close friend has been in a relationship with a really nice guy in the US (NJ), she's been visiting him a few times over the last year and after just spending the best part of the summer there she wants to return soon for a 'week' holiday but she said she has a hunch that he is going to ask her to marry him and not leave, and she told me she'd say yes if he did do that -

My worry is that this is not allowed on the VWP , can anyone else either correct me or confirm this? I don't want her to get into trouble. If she did do this, what would be the process and how would authorities know ..wouldn't they come after her if she didn't leave after the week ( the date she said she would be leaving )

Any info. on this would be helpful!!

Thanks.

[jaycali 415]

There is no law against getting married on the VWP. If she was planning to get married and then leave, the VWP would be the only appropriate option.

As for getting married and staying. Yes, it's possible to get married on the VWP and then adjust status and stay. This is fairly common, people do it every day.

The legality of it depends on one factor, and one factor only: what was the intention when she entered. If the intention was to visit, leave, but then the plans changed after entry, this is no problem. If she intends to get married and stay, but tells the CBP at the airport that she's just visiting, it's immigration fraud and can result in a lifetime bar from entry.

PS, if she enters, and he does propose, and she does end up adjusting status, consult an immigration lawyer if they live in San Diego. They may have gotten nicer now, but the USCIS San Diego field office have been notorious for placing VWP AOS filers in removal proceedings.

Edited October 15, 2012 by jaejayC

[jaycali 415]

As far as the week. How long someone can stay on the VWP has nothing to do with the return ticket, and everything to do with the date stamped in her passport. On entry, the CBP will stamp "WT" (waiver tourist) and a date - this date is the last day she can leave the country. This is almost always 90 days, regardless of whether she tells them 2 days or 82 days.

In rare circumstances, if the CBP doubts her intentions they may stamp a different date less than 90 days. If they believe she might try to adjust status they may also write "No AOS" in her passport. "No AOS" means she cannot try to adjust status, and will have to return home and start the fiancee or spousal visa process in case her bf does pop the questio, regardless of her intent on entry. Again, it's very rare that this happens.

Edited October 15, 2012 by jaejayC

[Mia Jones 0]

There is no law against getting married on the VWP. If she was planning to get married and then leave, the VWP would be the only appropriate option.

As for getting married and staying. Yes, it's possible to get married on the VWP and then adjust status and stay. This is fairly common, people do it every day.

The legality of it depends on one factor, and one factor only: what was the intention when she entered. If the intention was to visit, leave, but then the plans changed after entry, this is no problem. If she intends to get married and stay, but tells the CBP at the airport that she's just visiting, it's immigration fraud and can result in a lifetime bar from entry.

PS, if she enters, and he does propose, and she does end up adjusting status, consult an immigration lawyer if they live in San Diego. They may have gotten nicer now, but the USCIS San Diego field office have been notorious for placing VWP AOS filers in removal proceedings.

So if she said she was going for two weeks to CBP, they stamped 90 days, and she then decided to stay for like 2 months instead..she could do so? And hmm no it'll be new jersey

[Teddy B 17,252]

So if she said she was going for two weeks to CBP, they stamped 90 days, and she then decided to stay for like 2 months instead..she could do so? And hmm no it'll be new jersey

Yes.

[jaycali 415]

So if she said she was going for two weeks to CBP, they stamped 90 days, and she then decided to stay for like 2 months instead..she could do so? And hmm no it'll be new jersey

Absolutely. If her plan is a two week vacation, he proposes and they decide to spend more time together, it won't be an issue until day 91.

Just keep in mind that she cannot use the VWP without actually having a return flight out of North America/the Caribbean. She's not bound to use that return ticket though. The date noted on her entry stamp is the only relevant date as far as immigration is concerned.

A few years ago, I visited my family in CA for Thanksgiving. Had planned a 3 week trip. I ended up spending Christmas and new years too, rebooked my return flight and stayed for an extra 6 weeks. They know plans can change, that's why they generally just give you 90 days regardless. I've been back multiple times since then and never been questioned about it.

Edited October 15, 2012 by jaejayC