Is our plan legal / good? Ceremony in UK, official marriage in US under WVP, return home and file for CR1...

[ChasUno 101]

There are official and unofficial ways of marrying a US citizen and then adjusting status. The official way is via a K1. Though almost any type of visa can be denied entry depending on CBP officer, you are far less likely to be denied entry with a valid K1 visa than if you tried to enter the US to marry on the VWP. The problems are much more likely occur if you were to travel to the USA on the VWP with a one way ticket, and then tell the CBP officer at the POE that you plan to marry and then adjust status. I'm pretty sure that would almost certainly get you denied entry because your intent is in breach of the VWP conditions.

Of course, if you were to travel on the VWP with a return ticked booked and not mention anything about getting married when questioned by the CBP, then you could then marry after entry and then try and file to adjust status. I don't know for sure, but you might be more likely to encounter obstacles this way than via a K1 but technically it's possible.

Personally, I'd rather start my life in the USA with a clean record hence would advise anyone to go down the K1 route. It's likely to make life a lot easier in the long run.

Edited September 26, 2015 by ChasUno

[david'sgirl 134]

No, sadly he can't, as we need the Marriage Visitor visa to give notice of marriage, and we need to give notice of marriage during this Xmas visit as he wont be in the UK long enough in the summer to give notice then. (It's min 28 days away from the marriage you have to give notice, he will only be here for like 2 weeks! Maxmimum 1 year in advance to give notice.)

It's really dumb

I don't think you understand the rule. He does not need to be in the UK during the time when the bans are posted. My fiancé (now husband) made out the application with registrar office and the registrar posted the bans. I applied for the marriage visa and it came very quickly. The had me do biometrics at the local USCIS office as they share some services in U.S. I spent a week in UK. Arrived on Sat. Married on Wed and returned home on Sunday. Filed the CR1 and he got the visa in Feb. We did visit each other during the tine we waited for the CR1 visa after we were married. I've always been honest with agents and never had any trouble. Best of luck

[Petrus 1]

I don't think you understand the rule. He does not need to be in the UK during the time when the bans are posted. My fiancé (now husband) made out the application with registrar office and the registrar posted the bans. I applied for the marriage visa and it came very quickly. The had me do biometrics at the local USCIS office as they share some services in U.S. I spent a week in UK. Arrived on Sat. Married on Wed and returned home on Sunday. Filed the CR1 and he got the visa in Feb. We did visit each other during the tine we waited for the CR1 visa after we were married. I've always been honest with agents and never had any trouble. Best of luck

Davidsgirl, maybe the law is different in Scotland? I called 2 registrars and they both told me he needs to be in the UK to give notice, 28 days before the wedding! You're saying the notice can be mailed?