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Filed: Country: United Kingdom
Timeline
Posted (edited)

Hi all,

I appreciate this has been tackled in other threads - I just want a bit of advice and reassurance on a few things before I fly out next week.

To summarise, I'm a British Citizen. I've lived with my (now) wife here in London, UK since August 2011. She's a USC and has lived here in the UK on various study, post-study work, and now spousal visa(s) since September 2008 when we first met smile.png

I've been to visit her in the US (through San Francisco) once during our relationship (this was back in 2010 and the last time I was in the US). I originally met her studying abroad on a J-1 back in 2009.

We got married here in London at the end of March (registry office) but have now planned a much grander celebration with her extended family at the end of the month. This is not a legal ceremony, simply a religious blessing with those close to us - and a bit of a party smile.png

Given the lengthy nature to the spousal and fiancé visa processes, I was planning on attending our wedding via the VWP (my ESTA has gone through all fine). I'll be in California for 7 days, after which we have our honeymoon booked in Jamaica (which we fly directly to from Sacramento) and then back to the UK and our jobs 7 days after this.

To clarify, we live together in London, are both employed full time (I've just signed another year's contract at my work), and have a flat we're contracted to until the end of this year. Additionally, my wife has just received her UK spousal visa, which we paid a fair amount of money for - entitling her to another two years in the UK.

Now, will I have any issues at the POE in San Francisco? Is what I'm doing considered wrong or in any way a misuse of my VWP? I know this depends on the CO, but should I say we're already officially married (I'll have a copy of our marriage certificate with me plus my employment contract, a letter from my boss confirming the job I am expected to return to, plus a letter from our letting agent). We do plan on moving to the US in the next few years but want to process all of that whilst we're both set up and permitted to live and work here in the UK. In no way do I plan on staying in the US on my tourist visa.

Should I say I'm here to celebrate our marriage with her family and friends who couldn't make it to our UK wedding? What would you suggest to make my POE experience as smooth as possible?

I've invested so much money into making our second wedding wonderful, I can't think of anything worse than it all going wrong at the airport. My whole family is flying out too smile.png

Any advice is much appreciated. Apologies for the long thread!

tl;dr - I'm British Citizen already married to a USC here in the UK. Can I enter the US (in San Francisco) on a tourist visa to celebrate our marriage with her family?

Edited by iliveinacake
Posted

1. It is perfectly legal to marry on the VWP. You don't need a special visa to marry like you do in the UK.

2. You are already married anyway.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: Citizen (pnd) Country: France
Timeline
Posted

Your plan has nothing wrong or illegal. Fiancé and spouse visas are intended for people who actually want to immigrate to the US. As it is not your actual intent, it would be a waste of time and money to apply for that kind of visa right now.

Take all the proofs that will show you only intend to stay a few days, and that you will for sure return back to the US. I've never had problems at customs in SFO, my family who came last month had no problem either, and the border agent was even very friendly. It is possible that you get someone in a bad day which would be over-suspicious, but you have no reason to lie. Just tell the truth and if you are asked in-depth questions, show them your proofs.

Usually they only ask you if you are here for tourism or business, where and how long you are staying, ... There's no need to answer in details. I always strictly answer truthfully to their questions, and I have (well, had) proofs ready in case they were suspicious on my intend (I never had to show them).

It's been 3 years since you visited the US, it's not like you come very often so they should not be bothering.

Enjoy your time in Sacramento/SF! :)

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

Posted (edited)

tl;dr - I'm British Citizen already married to a USC here in the UK. Can I enter the US (in San Francisco) on a tourist visa to celebrate our marriage with her family?

Yes! This is no way a concern for them. Just make sure you have your return ticket information with you, just incase they want to know when you're returning (but this is normal for tourist visas, anyway, and I didn't realise this until a couple months ago but a condition of ESTA is that you travel with the details of your return flight).

I go through SFO all the time, and I've never had a hold-up, even when my (now) husband was living there during the long-distance portion of our relationship and I used to say "I'm visiting my boyfriend".

Sounds like fun! Enjoy!

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

Should I say I'm here to celebrate our marriage with her family and friends who couldn't make it to our UK wedding? What would you suggest to make my POE experience as smooth as possible?

I've invested so much money into making our second wedding wonderful, I can't think of anything worse than it all going wrong at the airport. My whole family is flying out too smile.png

Any advice is much appreciated. Apologies for the long thread!

tl;dr - I'm British Citizen already married to a USC here in the UK. Can I enter the US (in San Francisco) on a tourist visa to celebrate our marriage with her family?

I would have the wife go through the same line together so she is with you and has proof of her living in the UK as well. You don't have to explain your whole plan unless they specifically ask.

What is the purpose of your trip?

We're on holiday to visit my wife's parents in Sacramento. (true, right?)

Then wait for them to ask you anything further like does your wife live in England? How long are you staying? What are your plans while her?

There's nothing wrong with visiting and they don't scrutinize every visitor, but you don't have to feed them every last detail before they ask.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Country: United Kingdom
Timeline
Posted

Great stuff - thanks for the help and advice, guys! Very reassuring.

Now, which line should I stand in on arrival at SFO?

Can I stand with my wife in the US Citizen's passport queue, or should I go by myself into the non-US citizen's section?

Likewise, If I go down the non-US citizen's line, can my wife come through this with me, so we can explain our intentions / show proof of UK ties together (if necessary).

Just wondering what the best option is?

Posted

Great stuff - thanks for the help and advice, guys! Very reassuring.

Now, which line should I stand in on arrival at SFO?

Can I stand with my wife in the US Citizen's passport queue, or should I go by myself into the non-US citizen's section?

Likewise, If I go down the non-US citizen's line, can my wife come through this with me, so we can explain our intentions / show proof of UK ties together (if necessary).

Just wondering what the best option is?

Either line is probably fine. Normally they allow spouses to remain together. If there is someone directing traffic to the lines, ask them which they prefer since you want to remain together.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Generally someone with a USC can go in the citizens line. I never got separated from the person I was traveling with. Just have your documentation ready.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

Posted

So I went in the USC line with my wife and all was fine! Didn't ask for any documentation, just fingerprints and a 90 day date stamp - plus a 'congratulations' and have a nice trip! smile.png

That's great! Have a good time.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Posted

So I went in the USC line with my wife and all was fine! Didn't ask for any documentation, just fingerprints and a 90 day date stamp - plus a 'congratulations' and have a nice trip! smile.png

That's great! Have a good time.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

 
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