Marrying as a Visitor

[Dani89 0]

I hope this is the right forum to post this. My fiance (British) and I (US citizen) have been going through the K1 process to marry and settle in the states. Plans might change for us and we're looking to settle in the UK now. I've been told it would be a waste of time and money to continue with the K1 visa if we are planning on going to the UK in the end. Obviously immigration will most likely not be happy with my partner coming in as a tourist to marry.

However, if we did decide to abandon the K1 visa and go to the states to marry, would immigration question why he abandoned the k1 in the airport? Would they think we are just trying to commit fraud? Would they even know that he was applying for a k1?
He had entered the USA before for 3 months and was held in immigration. He had told them of our plans for the K1 visa and they let him through so I believe this would be on record. Or should we just continue with the K1?

lol sorry for all the questions. We are only trying to do the right thing and trying to save money and time as well!

[aaron2020 11,651]

The K-1 is on file. CBP will know the next time he enters.

Do not cancel the K-1.

If you cancel the K-1, he will have a hard time explaining himself the next time he visits. If CBP does not believe him, then he will be denied entry.

Have him come on the VWP. Disclose that he is coming to visit you. Get marry. He returns to the UK. Then, you cancel the K-1 and start the process to immigrate to the UK.

[Dani89 0]

Thank you

I am actually in the UK with him right now! my 6 months visa here expires January and we actually want to get married in January lol. Today I have just received the NOA2! So it might just be worth playing it safe and going through the K1 I guess. If all goes well then we should have the K1 visa before the end of Jan when we want to marry.

We were thinking about abandoning it and just marrying on visitors visa but I just imagined having all the guests flown over from the UK and having the groom deported before we can even marry! That would be such a nightmare. Just thinking about it makes me sick lol. So thanks for your advice!

[Protocol417 161]

Have him come on the VWP. Disclose that he is coming to visit you. Get marry. He returns to the UK. Then, you cancel the K-1 and start the process to immigrate to the UK.

I'm not sure I would recommend this. If he comes over on the VWP and doesn't disclose that his purpose for travel is to get married, this could be considered fraud, and I would be concerned this might mess up the UK application.

I am actually in the UK with him right now! my 6 months visa here expires January and we actually want to get married in January lol. Today I have just received the NOA2! So it might just be worth playing it safe and going through the K1 I guess. If all goes well then we should have the K1 visa before the end of Jan when we want to marry.

Good plan! Much less risky! Good luck with everything.

[Dani89 0]

Thank you! I know it means paying a few hundred to complete the K1 process but I really think it's worth it in the end. The last thing you need near the wedding date is questioning whether or not your partner will make it through immigration!

[aaron2020 11,651]

I'm not sure I would recommend this. If he comes over on the VWP and doesn't disclose that his purpose for travel is to get married, this could be considered fraud, and I would be concerned this might mess up the UK .

He has no obligation to state he is going to get marry. He only has to disclose if asked directly. That the problem since none of us can predict what will be asked.

It is not fraud to enter the US, marry, and leave.

It is only fraud if he lie to enter the US.

If he stays in th US, then that's another thing.

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Good luck OP.

[UK-USA-K1 128]

Here's my two cents...take it for what it's worth.

You can enter on the VWP and marry or do anything else you are legally allowed to do as long as you leave before your time is up on the VWP (usually 90 days tops).

If you are ABSOLUTELY NOT going to immigrate to the USA, then don't waste your time or money with the K-1. It's not needed to marry, only to marry WITH INTENTION TO IMMIGRATE.

If there is a chance that you may decide to immigrate to the USA afterall, then it may well be worth the financial costs of continuing with the K-1 while you decide. This is up to you.

You don't have to cancel the K-1, it will expire after a certain period of time. This date is shown on your NOA2 hard copy.

Before making any final decisions, I think it would be wise to look into what it takes to immigrate to the UK. You will want to be sure you qualify for that before cancelling everything else. There's a good thread on that subject in the UK forum. Here's a link to that http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

Anyway, that's just my opinion on the matter. I do hope whatever you decide everything works out for the best

Edited July 22, 2013 by UK-USA-K1

[Nich-Nick 3,354]

I hope this is the right forum to post this. My fiance (British) and I (US citizen) have been going through the K1 process to marry and settle in the states. Plans might change for us and we're looking to settle in the UK now. I've been told it would be a waste of time and money to continue with the K1 visa if we are planning on going to the UK in the end. Obviously immigration will most likely not be happy with my partner coming in as a tourist to marry.

However, if we did decide to abandon the K1 visa and go to the states to marry, would immigration question why he abandoned the k1 in the airport? Would they think we are just trying to commit fraud? Would they even know that he was applying for a k1?

He had entered the USA before for 3 months and was held in immigration. He had told them of our plans for the K1 visa and they let him through so I believe this would be on record. Or should we just continue with the K1?

lol sorry for all the questions. We are only trying to do the right thing and trying to save money and time as well!

Yes, they will know about the K1 if you told them and they made a note.

No, they wouldn't know you cancelled it.

Yes you can marry on VWP.

No you don't have to tell them unless they ask.

Yes, it may be harder for him to get in next time if he already got more than the usual "have a nice trip" on his last entry.

If you have a big wedding planned and don't want to risk the groom not being admitted on VWP, then get the K1 visa. You could have it easily in October. He doesn't have to use it until closer to the wedding if he wants to keep a job in the UK, for example. And that would be wise because he has income requirements to meet before you will be allowed to move there.

[Dani89 0]

Yes, the UK requirements are pretty difficult now compared to how it was a couple years ago. That is something we're working on now and really doing a lot of research on it. Thank you everyone for your advice. I am just going to go ahead with the K1. It will be reassuring for him going through immigration and also a good plan b if we cannot meet UK requirements. The only thing we really need for the UK is him finding a job with suitable salary requirements and of course 6 months worth of payslips. So it all really depends on that.