Getting married on a Visa Waiver

[Matt_ 0]

Hello! I am a British man getting married to an American woman. She filed the petition for the K1 visa four months ago now, and we started booking the wedding (foolish, I know). Recently she rang them up to check on the progress of the Visa, and they said "The photo's are creased, send a new one" Which we did, however It's become apparent that they haven't even started looking into her petition yet, as why else would it take us ringing them for them to tell us something that would be immediately apparent? This means the Visa probably wont be ready before the wedding her parents have already spent a fair bit of money on. Anyway, we've decided to stay on the K1 until it would become impossible for it to be processed in time, and then cancel, get married on a Visa Waiver, and then apply for a K3/CR1 visa. However, I want to stay the full length of the Visa Waiver (90 days, will cut it short by a couple of weeks for breathing room incase of cancelled/delayed flights) but this would mean quitting my job, and then getting a new job upon returning to the UK. However, what I am terrified of, is the Border Officer suspecting me of wanting to stay longer than the 90 days/seek adjustment of status on the Visa Waiver, considering I'll not have a job to return to. I've saved up alot of cash at this point because I thought I'd be moving over and so was saving up for a car and whatnot to get set up in the US. What is a bona-fide way of proving to him that I would definitely be returning to the UK before the 90 days are up? Would the return ticket and my explanation be enough? I'm terrified of being denied entry and then not being able to return to the US for several years.

TL:DR, how can I prove I will return to the UK after getting married on a Visa Waiver, when I won't have a job to return to in the UK

Edited June 7, 2017 by Matt_

[Dashinka 24,519]

1 hour ago, Matt_ said:

Hello! I am a British man getting married to an American woman. She filed the petition for the K1 visa four months ago now, and we started booking the wedding (foolish, I know). Recently she rang them up to check on the progress of the Visa, and they said "The photo's are creased, send a new one" Which we did, however It's become apparent that they haven't even started looking into her petition yet, as why else would it take us ringing them for them to tell us something that would be immediately apparent? This means the Visa probably wont be ready before the wedding her parents have already spent a fair bit of money on. Anyway, we've decided to stay on the K1 until it would become impossible for it to be processed in time, and then cancel, get married on a Visa Waiver, and then apply for a K3/CR1 visa. However, I want to stay the full length of the Visa Waiver (90 days, will cut it short by a couple of weeks for breathing room incase of cancelled/delayed flights) but this would mean quitting my job, and then getting a new job upon returning to the UK. However, what I am terrified of, is the Border Officer suspecting me of wanting to stay longer than the 90 days/seek adjustment of status on the Visa Waiver, considering I'll not have a job to return to. I've saved up alot of cash at this point because I thought I'd be moving over and so was saving up for a car and whatnot to get set up in the US. What is a bona-fide way of proving to him that I would definitely be returning to the UK before the 90 days are up? Would the return ticket and my explanation be enough? I'm terrified of being denied entry and then not being able to return to the US for several years.

TL:DR, how can I prove I will return to the UK after getting married on a Visa Waiver, when I won't have a job to return to in the UK

Short of working out something with your current employer to take a leave of absence, what other solid ties do you have to ensure your return?  Honestly to me, I would look closer at the wedding plans and make changes accordingly and let the K1 proceed then do the move.  This seems less risky although it may cost you and your fiancé a little money in cancelation fees.  The other option is keep the job and do a shorter visit, then do the wedding, return, and file the spousal visa application.

 

Good Luck!

Edited June 7, 2017 by Bill & Katya

[EandH0904 1,184]

1 hour ago, Matt_ said:

Recently she rang them up to check on the progress of the Visa, and they said "The photo's are creased, send a new one" Which we did, however It's become apparent that they haven't even started looking into her petition yet, as why else would it take us ringing them for them to tell us something that would be immediately apparent? 

Usually if they need an RFE they will send one. It seems strange they would request new photos over the phone? You'd think if there was a memo in the file about needing new photos they would have sent out a letter? 

 

UK isn't known as a high fraud country and K1s are generally granted without too big an issue. It seems silly to abandon a k1 and start a CR1 and wait another year instead of postponing the wedding another month or so. I would stop planning the wedding, take a loss on any non-refundable deposits or see if you can't just put them on hold for a future deposit. Right now you're taking a loss on the K1 and taking a loss on a year of your life together. Losing some money on deposits you jumped the gun on seems a more minor thing to lose. 

 

I agree on sticking with the k1

[Matt_ 0]

31 minutes ago, Bill & Katya said:

Honestly to me, I would look closer at the wedding plans and make changes accordingly and let the K1 proceed then do the move. 

 

7 minutes ago, EandH0904 said:

I agree on sticking with the k1

Only problem is that her parents are paying for it, and they've already put down a lot of money ($10k+) Most of that they won't be able to get back. I really do not want to annoy the future in-laws that much.

Would sending an email to US Customs and Border protection with this enquiry be helpful? 

[EandH0904 1,184]

I think you and fiancé need to have a discussion about what's important to you, being together sooner or getting married and waiting. Obviously none of us know what could happen when you try to enter the country. 

 

She should have a discussion with her parents about this too. 

 

I cant imagine uscis would expedite your case because you were impatient and planned or everyone would do that. 

[Matt_ 0]

Just now, EandH0904 said:

I cant imagine uscis would expedite your case because you were impatient and planned or everyone would do that. 

I realise this, but I was more talking about sending an email to Customs and Border protection, as they're the ones that will deal with the Visa Waiver.

 

 

[Transborderwife 4,666]

23 minutes ago, Matt_ said:

I realise this, but I was more talking about sending an email to Customs and Border protection, as they're the ones that will deal with the Visa Waiver.

 

 

Unlikely they'd even entertain looking at it

[Roel 7,192]

You kind of got yourself in this mess. Even an embassy will warn everyone to never never make any solid plans before having a visa in hand. If I were you I'd just cancel all bookings and wait to make new ones when you have a visa. Oh also k3 are no longer issues so you'd be applying for cr1. About a 12 months wait for that one. 

[Dashinka 24,519]

50 minutes ago, Matt_ said:

 

Only problem is that her parents are paying for it, and they've already put down a lot of money ($10k+) Most of that they won't be able to get back. I really do not want to annoy the future in-laws that much.

Would sending an email to US Customs and Border protection with this enquiry be helpful? 

$10K in non-refundable deposits seems a little excessive.  I know my wedding was not that much overall, but I don't remember deposits that high.  One thing you haven't mentioned is that actual dates.  When is the wedding planned?  When was the K1 filed?

[Matt_ 0]

Just now, Bill & Katya said:

$10K in non-refundable deposits seems a little excessive.  I know my wedding was not that much overall, but I don't remember deposits that high.  One thing you haven't mentioned is that actual dates.  When is the wedding planned?  When was the K1 filed?

K1 was filed end of December, for whatever reason that one never got through, so we sent it again in February. Recieved the NOA1 March 1st. Wedding is first weekend of September. 

[Lemonslice 4,859]

How much is it going to cost you to maintain two households and travel to each other during a year?

[Matt_ 0]

2 minutes ago, Lemonslice said:

How much is it going to cost you to maintain two households and travel to each other during a year?

I would live with my parents, so not overly expensive. 

[Jojo92122 1,924]

Is the wedding worth being separated for a year?

 

Talk to her and her parents.  Planning the wedding was a mistake.

 

Immigration laws will not bend for you.  Coming on the VWP to marry after filing for a K1 is a huge risk.  CBP will not be sympathetic to you because the US Embassy's website explicitly warns not to make plans until a visa is in hand.  You will not get a pass for ignoring the warning.

[EandH0904 1,184]

56 minutes ago, Jojo92122 said:

 

 

Immigration laws will not bend for you.  Coming on the VWP to marry after filing for a K1 is a huge risk.  CBP will not be sympathetic to you because the US Embassy's website explicitly warns not to make plans until a visa is in hand.  You will not get a pass for ignoring the warning.

Exactly. If they don't let you in at all the $10k on the wedding is a moot point. 

[yuna628 9,677]

3 hours ago, Matt_ said:

Hello! I am a British man getting married to an American woman. She filed the petition for the K1 visa four months ago now, and we started booking the wedding (foolish, I know). Recently she rang them up to check on the progress of the Visa, and they said "The photo's are creased, send a new one" Which we did, however It's become apparent that they haven't even started looking into her petition yet, as why else would it take us ringing them for them to tell us something that would be immediately apparent? This means the Visa probably wont be ready before the wedding her parents have already spent a fair bit of money on. Anyway, we've decided to stay on the K1 until it would become impossible for it to be processed in time, and then cancel, get married on a Visa Waiver, and then apply for a K3/CR1 visa. However, I want to stay the full length of the Visa Waiver (90 days, will cut it short by a couple of weeks for breathing room incase of cancelled/delayed flights) but this would mean quitting my job, and then getting a new job upon returning to the UK. However, what I am terrified of, is the Border Officer suspecting me of wanting to stay longer than the 90 days/seek adjustment of status on the Visa Waiver, considering I'll not have a job to return to. I've saved up alot of cash at this point because I thought I'd be moving over and so was saving up for a car and whatnot to get set up in the US. What is a bona-fide way of proving to him that I would definitely be returning to the UK before the 90 days are up? Would the return ticket and my explanation be enough? I'm terrified of being denied entry and then not being able to return to the US for several years.

TL:DR, how can I prove I will return to the UK after getting married on a Visa Waiver, when I won't have a job to return to in the UK

OP: Something doesn't make sense to me. With whom did she speak to? A tier 1 could not tell to send anything, and I doubt a tier 2 could either. They aren't authorized to do so. An RFE needs to be sent out to the house with an address and paperwork to send too. Whatever she sent out wouldn't be matched up with her case. Did you ever cancel the first application or determine what happened with it via an Infopass appointment that went AWOL before sending in the second?

 

It can take up to six months to be processed standard, before you can begin making inquires to prompt them. There will be an additional few months to finish up the consular process after approval, which will require you to be present in the UK. So yes, you should not have arranged any wedding plans. It's difficult, but it should not be done. Our process took nearly a year from start to finish, and we planned throughout (which is not something I'd recommend to someone having lavish affairs). There's plenty to plan without dropping large sums of money that may not be refunded.

 

So here's the hard truth: The VWP is for visiting. If you attempt to enter for reasons other than a visit this is a problem. You're saying on the one hand you will return to the UK, which is fine. The problem here is getting married in this scenario is not a spontaneous action that is allowable, but rather a pre-planned one.  Will you tell the officer your intent to marry? What do you think they will say and do? Be terrified not of the officer suspecting you to stay, be terrified of them discovering what you intend to do. Because once they discover it, there's not a lot of convincing you can do.. And in no way should you ever ever lie to an officer. There is no true bona-fide way of proof of returning to the UK. Proving you have a job, bills, a home to return to, travel insurance all can help.. but there is never a guarantee. Sending an email to CBP also gives you nothing, no guarantee. They will not care about the situation.

 

Your in-laws have spent a great deal of money because both of you failed as a couple to explain the process of how long it would take to them. That is a mistake of misunderstanding on your part - one that you should be honest and fess up to. Dates can be moved even if a small amount is lost. People are understanding to immigrant couples put in difficult situations. My suggestion is to be honest with the in-laws, keep saving up (it's helpful and responsible), and finish the process you started without complicating matters.