entering on VWP, marrying, leaving and then applying for k3

[chris10 0]

Hi have been browsing for a while and all the information here is really useful. Its good knowing other people are in the same situation as me. Just got a question thats on my mind.

Is it possible to enter the USA on a visa waiver programme, marry while on "holiday" and then return to home country, in my case being the UK and then apply for a K3? Is that harder than normal or what implications would it have if we did it?

I understand you can enter on the VWP and marry and apply to adjust status as long as you can prove it was unplanned but I think that can cause a lot of problems and complications later on and could mean deportation.

Edited March 17, 2006 by chris10

[pax 0]

What you're suggesting is perfectly fine. People do it all the time.

If you're planning to marry in the States, you're wise to return home and wait out a spousal visa, in your circumstances. You're right that weddings and subsequent status adjustments can, and do, happen when the wedding is unplanned, but since you know you're getting married, the right track for you is to do exactly what you're doing.

Best wishes and welcome to VJ!

[Euro 3]

Hi have been browsing for a while and all the information here is really useful. Its good knowing other people are in the same situation as me. Just got a question thats on my mind.

Is it possible to enter the USA on a visa waiver programme, marry while on "holiday" and then return to home country, in my case being the UK and then apply for a K3? Is that harder than normal or what implications would it have if we did it?

I understand you can enter on the VWP and marry and apply to adjust status as long as you can prove it was unplanned but I think that can cause a lot of problems and complications later on and could mean deportation.

I did the same thing without any problems at all...................

[chris10 0]

Thanks for the replies, its put my mind to rest. I thought I would have to apply for a K1 visa and then wait for that before I could go and get married. Does a k3 one take longer or less to get? Also do you need to meet an income requirement still for a K3 one? and finally can I still enter the USA on the VWP after we have married and in the process of getting a k3 visa providing I intend to return home?

Thanks for all your help and sorry for all the questions!

Oh and how long do you think it would take from getting married to getting everything through so that I can go and live in america with her?

Edited March 17, 2006 by chris10

[Kez/JWolf 6]

It would be very difficult to enter on a VWP once you are married.... as you would have stronger ties to the US than the UK.... you may just have to be apart for a while......

Cant tell you how long for a K3 as I am one of the people who came on VWP and got married and stayed.....

Good luck

Kezzie

[pax 0]

As far as entering the States while your K-3 is processing, I think some folks here have done that successfully. You can always present proof of your visa application (like an NOA) as pretty substantial evidence that you'll be returning to the UK, as you'll need to do your visa interview! It's never a sure thing, of course, but not out of the question either.

[Euro 3]

Thanks for the replies, its put my mind to rest. I thought I would have to apply for a K1 visa and then wait for that before I could go and get married. Does a k3 one take longer or less to get? Also do you need to meet an income requirement still for a K3 one? and finally can I still enter the USA on the VWP after we have married and in the process of getting a k3 visa providing I intend to return home?

Thanks for all your help and sorry for all the questions!

Oh and how long do you think it would take from getting married to getting everything through so that I can go and live in america with her?

Yes you can still visit on the VWP while your immigrations process is on going & are married, I did it a couple of times with no problems, as for how long it takes, my K3 too from mailing to actual visa in passport 112 days, some are less some are more!!

when visiting make sure when asked questions at POE you are honest & take things with you to prove ties back to the UK, i also took my NOA to show we were going through the visa process!!

[Reba 2]

just be careful on your trip over to get married that you don't actually *say* you're there to get married. They very well could deny you entry and then your whole wedding is ruined. If you have wedding type garb in your luggage, this could also hinder your trip, because they'll think you're there to get married and stay illegally.

Just bring with you evidence that you will definitely be returning to the UK, like letter from your employer, or anything that shows you are not staying in the US.

[chris10 0]

thanks for the replys guys. You have all been really helpful. Its definately put my mind to rest.

I got questioned enough last time and that was before I even mentioned I was visiting my girlfriend, it was just because I was on my own.