Fiance from a Visa Waiver Program Country

[SCarrillo27 0]

My brother is a serviceman in the Navy living in Italy. He met his fiance there and has been living with her for about 2 years. She is from Italy, a visa waiver program country. She and my brother are planning a trip to the United States. Can they get married while they are here? Since she is from a visa waiver program country, does she need to apply for a Fiance Visa?

[JFH 12,190]

No one needs a fiancé visa to get married if they are planning to just get married and then return home. A tourist visa (or VWP approval if eligible) is all that is required for that.

If, however, they plan to remain in the USA after the wedding and make their home there, then every foreignor marrying a USC who wants to do this needs a fiancé visa, regardless of whether they are from a VWP country or not.

*~*~^moved from military discussion to " what visa do I need" as question is not specific to military situatuons*~*~*

Edited October 2, 2016 by JFH

[SCarrillo27 0]

They plan to go back to Italy but once his service is over, he they want to make the US their home. Knowing that, does she need a Fiance Visa?

[Jojo92122 1,924]

If she does not have immigrant intent, then she can technically enter the US on the VWP to marry without a fiancee visa. However, the possibility that she can adjust status may cause her problems when she tries to enter the US. To prove that she intends to leave the US after getting marry, then bring proof that he has orders to return to Italy and she has an apartment, job, etc. in Italy.

No one can tell you what difficulties she may or may have when she tries to enter to marry without a fiancee visa.

Being from a VWP does not matter. Whether she enters on the VWP or a visitor visa does not matter. Having immigrant intent or not when she enters the US is what matters. To overcome the legal presumption that all visitors to the US intent to immigrate, she will want to bring proof that she has strong ties to Italy and intends to return to resume her life over there.

Edited October 2, 2016 by Jojo92122

[p-ana 933]

if hey eventually want to move to the USA, she'll need a spouse visa, cr1/ ir1, that takes around a year from petition to visa in hand