US Citizen considering marrying UK citizen

[Saffron 0]

Hello everyone,

 

I am a US citizen living in the US with a partner in the UK.  My partner has come to see me a couple of times recently under the VWP.  He has kept his visits under 90 days and has stated that the reason for coming here was to visit as a tourist.  In the meantime our relationship has gotten stronger.  He wants to return to see me again in April.  We have recently learned that it may be harder for him to return if Customs feels that he is possibly here for a relationship or for marriage.  So, we are trying to determine what the next best steps are.  I may be going to the UK to visit soon if we feel he will not be able to easily enter the US with the ESTA in April.  Would it be prudent for us to consider marrying while I am in the UK?  Or, if I instead apply for a fiancé visa and we establish a plan to marry here in the US would it be more straightforward?  We are trying to think ahead and plan carefully so that we don't get ourselves in a situation where we cannot be together.  We would like to be honest and truthful in our encounters with Customs agents.  We think we will want to reside in the US for at least the next couple years and then perhaps return to the UK together.  We are getting ready to meet with an immigration attorney, but I thought I should try to educate myself as much as possible.

 

Thank you for any suggestions or advice that you have.

[USC1961 251]

Entering on a tourist visa with intent to marry and stay in the USA is considered fraud.  The right thing to do would be to either apply for a K-1 Fiance visa and then marry here in the USA. Or alternatively marry in the UK and apply for a CR-1 Spousal visa.  There are numerous threads concerning this subject on visajourney.  Also reading the guides will give you an idea of both visa types.  Good Luck!   

[Yeonin 127]

29 minutes ago, Saffron said:

Hello everyone,

 

I am a US citizen living in the US with a partner in the UK.  My partner has come to see me a couple of times recently under the VWP.  He has kept his visits under 90 days and has stated that the reason for coming here was to visit as a tourist.  In the meantime our relationship has gotten stronger.  He wants to return to see me again in April.  We have recently learned that it may be harder for him to return if Customs feels that he is possibly here for a relationship or for marriage.  So, we are trying to determine what the next best steps are.  I may be going to the UK to visit soon if we feel he will not be able to easily enter the US with the ESTA in April.  Would it be prudent for us to consider marrying while I am in the UK?  Or, if I instead apply for a fiancé visa and we establish a plan to marry here in the US would it be more straightforward?  We are trying to think ahead and plan carefully so that we don't get ourselves in a situation where we cannot be together.  We would like to be honest and truthful in our encounters with Customs agents.  We think we will want to reside in the US for at least the next couple years and then perhaps return to the UK together.  We are getting ready to meet with an immigration attorney, but I thought I should try to educate myself as much as possible.

 

Thank you for any suggestions or advice that you have.

I've visited my wife last year 3 times and I'm a Dutch native every time I stayed there for two week, I don't see how him staying under the 90 days would raise questions, unless your dealing with a customs agent that has nothing better to do that day. You can marry while being there on a vwp he just has to make sure he returns back home and yuo can start the CR1 or you just apply for the k1 while he stays in the UK. We got married last August and I came back home because I have a job I needed to attend to and we filed the CR1 in January, I have a legal background and understand the rules very well so don't be to afraid read well and explore the Internet, there have been people who got married and stayed in the US while filing for the Cr1 and I485 conjointly and it hasn't been a problem, I'm not saying go do that but it simply depends on the situation and people you deal with during the entire process at uscis. He has proven to to follow the rules and return back home everytime he visited so I don't see why they would question his intentions in April. 

[Saffron 0]

6 hours ago, Yeonin said:

I've visited my wife last year 3 times and I'm a Dutch native every time I stayed there for two week, I don't see how him staying under the 90 days would raise questions, unless your dealing with a customs agent that has nothing better to do that day. You can marry while being there on a vwp he just has to make sure he returns back home and yuo can start the CR1 or you just apply for the k1 while he stays in the UK. We got married last August and I came back home because I have a job I needed to attend to and we filed the CR1 in January, I have a legal background and understand the rules very well so don't be to afraid read well and explore the Internet, there have been people who got married and stayed in the US while filing for the Cr1 and I485 conjointly and it hasn't been a problem, I'm not saying go do that but it simply depends on the situation and people you deal with during the entire process at uscis. He has proven to to follow the rules and return back home everytime he visited so I don't see why they would question his intentions in April. 

Thank you for your response.  So, just to offer some of the back story on this, he had applied for a B-1/B-2 and as a result had an interview scheduled at the Consulate where he lives.  The day before the interview he talked with someone who had very poor luck with this interview and afterward was not allowed to enter the US for 5 years because they did not believe his story.  I do not know all of the details.  Because of this story he decided to skip the interview until we had more solid information about the process.  It seemed like too great of a risk if they might assume a relationship is what is really underneath a plan to work here. This man also told my partner that he felt it is risky to travel to the same part of the US too often. I guess love makes them squeamish??  It seems incredible to me.  There is much I do not know, but it appears there is no visa that seems to simply accommodate a developing relationship.  We would prefer to marry on our own timeline, so for someone to think we want to use the ESTA with the intent to marry is wrong.  However, if we are unable to be together and there is a risk of him getting turned back at the airport, we need to find the most straightforward and uncomplicated path.

 

The other part of this worth mentioning is that my partner has no criminal background, comes from a solid family, and has enough income to remain here for 90 days without working.  He is Swiss and has resided in Italy all his life.  He also has not traveled to any of the countries currently listed under the US immigration ban.

 

Thank you!

[Saffron 0]

7 hours ago, Cruise77 said:

Entering on a tourist visa with intent to marry and stay in the USA is considered fraud.  The right thing to do would be to either apply for a K-1 Fiance visa and then marry here in the USA. Or alternatively marry in the UK and apply for a CR-1 Spousal visa.  There are numerous threads concerning this subject on visajourney.  Also reading the guides will give you an idea of both visa types.  Good Luck!   

Thank you.  I will read more and try to determine which is most expeditious in case it comes down to us having to take the path of marriage.  We would prefer to marry on our own timeline, not just because we are forced into it so that we can be together for long visits in the US.  I wrote a little more on the background of this in response to a post below.

[MacUK 983]

31 minutes ago, Saffron said:

Thank you for your response.  So, just to offer some of the back story on this, he had applied for a B-1/B-2 and as a result had an interview scheduled at the Consulate where he lives.  The day before the interview he talked with someone who had very poor luck with this interview and afterward was not allowed to enter the US for 5 years because they did not believe his story.  I do not know all of the details.  Because of this story he decided to skip the interview until we had more solid information about the process.  It seemed like too great of a risk if they might assume a relationship is what is really underneath a plan to work here. This man also told my partner that he felt it is risky to travel to the same part of the US too often. I guess love makes them squeamish??  It seems incredible to me.  There is much I do not know, but it appears there is no visa that seems to simply accommodate a developing relationship.  We would prefer to marry on our own timeline, so for someone to think we want to use the ESTA with the intent to marry is wrong.  However, if we are unable to be together and there is a risk of him getting turned back at the airport, we need to find the most straightforward and uncomplicated path.

 

The other part of this worth mentioning is that my partner has no criminal background, comes from a solid family, and has enough income to remain here for 90 days without working.  He is Swiss and has resided in Italy all his life.  He also has not traveled to any of the countries currently listed under the US immigration ban.

 

Thank you!

Did he cancel his interview for a B2 or just not show up?

[Yeonin 127]

16 minutes ago, Saffron said:

Thank you for your response.  So, just to offer some of the back story on this, he had applied for a B-1/B-2 and as a result had an interview scheduled at the Consulate where he lives.  The day before the interview he talked with someone who had very poor luck with this interview and afterward was not allowed to enter the US for 5 years because they did not believe his story.  I do not know all of the details.  Because of this story he decided to skip the interview until we had more solid information about the process.  It seemed like too great of a risk if they might assume a relationship is what is really underneath a plan to work here. This man also told my partner that he felt it is risky to travel to the same part of the US too often. I guess love makes them squeamish??  It seems incredible to me.  There is much I do not know, but it appears there is no visa that seems to simply accommodate a developing relationship.  We would prefer to marry on our own timeline, so for someone to think we want to use the ESTA with the intent to marry is wrong.  However, if we are unable to be together and there is a risk of him getting turned back at the airport, we need to find the most straightforward and uncomplicated path.

 

The other part of this worth mentioning is that my partner has no criminal background, comes from a solid family, and has enough income to remain here for 90 days without working.  He is Swiss and has resided in Italy all his life.  He also has not traveled to any of the countries currently listed under the US immigration ban.

 

Thank you!

One thing about the United States of America ? which is the one thing that always prevails is one having enough monetary wealth to be able to provide for themselves being there for 90 days.  Being that he's Swiss and he can account for his financial means I don't see why if he stays under he 30 days it would be an issue. And let's be honest his friend's situation is not one to hold as a standard because who knows what's been said and what the assumptions might have been. The Esta holds no maximum of visits within the two years time span and we need to understand that the US OF A knows everything about us Wether we want to acknowledge it or not, the esta goes through several systems globally within minutes and gives you a yes or a no. One of the main qualifications of being able to visit and stay in the US for 90 days if having the financial means to show for and they will need proof of that so if they ask and he is able to show his bankstatements and is truthful as always as to why he's there, i absolutely don't see the issue. I've been to the US last year between June and December 3 times, no questions asked I even took the esta line and was out of boarder security within minutes. Him visiting for 90 days each time is a great way to kinda mold your relationship to the point where you'd want to take either the K1 or Cr1 route. As long as he can proof that he has financial means to survive 90 days there and he has reason to go back home he's good to go. I've seen alot of stories on here and sometimes I think people let the uscis get the better of them and then nervousness takes a toll and them and then sure enough a boarder security agent will have his doubts. America is not the big bad wolf people from the outside think it is when it comes to point of entry, every nation is strict on letting people in. Honesty and transparency will get you a long way and being banned for 5 years means you have either overstayed in the past or the applicant is unwanted for whatever criminal reason. They can't ban you for simply being there too often and not being a liability to the US government and not overstaYing. 

[Saffron 0]

7 minutes ago, MacUK said:

Did he cancel his interview for a B2 or just not show up?

He decided to just not show up.  He didn't want to give an excuse which might later come back to hurt him in some way.

[Boiler 45,541]

ESTA would be the first step.

[inloveVEN 46]

Is perfectly valid and legal to come to USA get married and go back to UK. then you can start the CR1/IR1 Path. Coming from UK; in my own opinion won´t be an issue to visit you all the times he wants, taking always in consideration that he cannot overstay.

[Saffron 0]

7 hours ago, Saffron said:

He decided to just not show up.  He didn't want to give an excuse which might later come back to hurt him in some way.

Is this somehow significant one way or the other?

[KierenHby 899]

Not showing up, ie abandoning, sounds worse than cancelling.