we got married on a tourist visa :/

[proudtobabritgirl 126]

Ok, to cut a long story short....my husband and i got married a few weeks ago, completely on a whim! we have been in a long distance relationship for just under two years. So, we have met many times, met each other families, spent a lot of time together. We are just about to start the process of the spouse visa. He is an american citizen, I am British! Before we start the process, I have been reading a lot of topics on here to get an idea of what to expect, time frames, the process etc. But now im nervous as I have been reading that the US immigration doesnt take too kindly to people randomly getting married on tourist visas and then applying for a visa to move there! 

: /

Any advice from couples who have obtained a visa from this kind of situation, please advise! Any advice would be helpful!

Thanks! 

Edited December 2, 2017 by proudtobabritgirl

[truelove29 218]

You are fine as long as you go back to your country before your tourist visa is up. You can start the process anytime (even if you're still in the U.S.) and you shouldn't have a problem visiting the U.S. during the process. Immigration has a problem with people who get married on a tourist visa & then try to stay and adjust status, that is immigration fraud & not taken lightly. 

[EmilyW 1,330]

It's only a problem if you intended to adjust and stay.  From memory, your intent was established at POE, so it's largely mute now.

 

You can adjust but you can't work, leave the country etc.

[truelove29 218]

Are you still in the U.S. or back in your country? 

[pushbrk 12,605]

1 hour ago, truelove29 said:

You are fine as long as you go back to your country before your tourist visa is up. You can start the process anytime (even if you're still in the U.S.) and you shouldn't have a problem visiting the U.S. during the process. Immigration has a problem with people who get married on a tourist visa & then try to stay and adjust status, that is immigration fraud & not taken lightly. 

That CAN BE visa fraud but certainly wouldn't be in this case because the OP states they got married ON A WHIM.  So, either way, no problem.  No special visa is required in order to get married in the US.  You either get an immigrant visa afterwards, or you stay and adjust status if that's both applicable to and workable with your circumstances.

[pushbrk 12,605]

1 hour ago, EmilyW said:

You can adjust but you can't work, leave the country etc.

I know what you mean but others may not.  NOTHING stops the foreigner EVER from leaving the USA.  The issue is getting back in after filing to adjust status.  

[proudtobabritgirl 126]

Thank you for your quick replies! 

Yes, I am back in the UK now! It was only a quick two week visit to the USA this time! I have work commitments here etc. But yes, we literally were walking down the street and saw couples in wedding clothes and we were like...lets do this, got a marriage license and went for it! But, now we are married and apart! That sucks! : ( 

I feel reassured now after reading the responses. I also wasn't sure if i could go and visit whilst the visa is pending, when we actually come to filing it, so thanks for answering that question for me as well! 

 

[JFH 12,189]

4 hours ago, proudtobabritgirl said:

I have been reading that the US immigration doesnt take too kindly to people randomly getting married on tourist visas and then applying for a visa to move there! 

: /

Any advice from couples who have obtained a visa from this kind of situation, please advise! Any advice would be helpful!

Thanks! 

I would stop reading the book or website where you read that as it's simply not true. How else are we supposed to get married when we live in 2 different countries? Someone has to travel! For the record, I'm also British and got married on a visit here on the VWP. I then returned home (3 days after the wedding  ) and we started the process for my visa. No RFEs, no problems, sailed through everything with flying colors and have been living happily with my husband here in the mountains in Washington state since December 19 of last year. 

 

Nothing wrong with getting married on a tourist visa or the VWP at all. The London embassy website even states this. 

 

What's wrong is entering as a tourist with the intention of staying (either married or otherwise). And this is where some armchair lawyers get confused.

Edited December 2, 2017 by JFH

[proudtobabritgirl 126]

Yes, my partner tells me the same things! I should really stop reading all the hear'say and just start our visa journey and see how we get on. Yes i returned home a few days after too! Its hard isn't it? But you get through it and yes, one of you has to travel! 

But everyday is a step closer, once the paperwork is sent off. I am glad that you are through the process and you are now living in the states! The mountains? Wow! That sounds amazing! I'm staying hopeful and positive that once it is all in, it wont take too long and if it does, then at least I am in the UK earning pounds to change to USD. Its the little things! Haha! We are aiming to get our paperwork in before christmas.

Again thank you for your responses. I feel more assured and also know a bit more about the process. 

[BIDDLE1990 1]

It's not been a problem so far for me and my wife. 

 

Wife is us citizen, I'm British also! 

 

We got married last January in the USA, the day before I left for the UK. Like you, I had other commitments back here in the UK. 

 

So far, we have only had one delay in the process, where a lawyer failed to pick up a mistake on the affidavit! 

 

I've just received my interview date today! Interview is end of January. So will give you a rough timeline of the process. 

 

And yes, long distance really sucks, but don't worry, all will be fine. Everyone on this site has been brilliant at answering any question I've had about the process! So please any questions ask away! 

 

Best of luck 

 

 

 

[Snorlux 58]

We did exactly the same.. it’s not best case scenario but it happens. You need to file for adjustment of status i485 along with i30, i765 so that you can work while waiting for your application to be processed and advanced parole i131 so that you can travel out of the country. It’s better if you don’t leave the USA before getting your advanced parole document that allows you to return to the US. Overstaying your visa is excused if you are applying for adjustment of status so I wouldn’t worry about that. Check out my timeline. Good luck

[JFH 12,189]

36 minutes ago, Snorlux said:

We did exactly the same.. it’s not best case scenario but it happens. You need to file for adjustment of status i485 along with i30, i765 so that you can work while waiting for your application to be processed and advanced parole i131 so that you can travel out of the country. It’s better if you don’t leave the USA before getting your advanced parole document that allows you to return to the US. Overstaying your visa is excused if you are applying for adjustment of status so I wouldn’t worry about that. Check out my timeline. Good luck

She has already said that she has left the country and is continuing with her work in the U.K. Not everyone who marries in the USA does so to adjust status. Some of us are happy to wait for our CR-1 to be approved and tie up our loose ends before moving permanently. 

Edited December 3, 2017 by JFH

[Snorlux 58]

19 minutes ago, JFH said:

She has already said that she has left the country and is continuing with her work in the U.K. Not everyone who marries in the USA does so to adjust status. Some of us are happy to wait for our CR-1 to be approved and tie up our loose ends before moving permanently. 

We didnt do it to adjust status and apologies if I misunderstood. In any case it's not wrong or against the law to get married on a tourist visa a lot of people come to the USA, get married and then leave so I wouldn't worry.

[proudtobabritgirl 126]

13 hours ago, BIDDLE1990 said:

It's not been a problem so far for me and my wife. 

 

Wife is us citizen, I'm British also! 

 

We got married last January in the USA, the day before I left for the UK. Like you, I had other commitments back here in the UK. 

 

So far, we have only had one delay in the process, where a lawyer failed to pick up a mistake on the affidavit! 

 

I've just received my interview date today! Interview is end of January. So will give you a rough timeline of the process. 

 

And yes, long distance really sucks, but don't worry, all will be fine. Everyone on this site has been brilliant at answering any question I've had about the process! So please any questions ask away! 

 

Best of luck 

 

 

 

Thanks so much for your reply! That would be great if you could let me know your timeline, as it does give a rough guide of how long to expect! Like I said, we haven't even filed yet 😂

Good luck with your interview! You are almost complete with your visa journey! Exciting times ahead! 

Thanks again! 

[proudtobabritgirl 126]

5 hours ago, Snorlux said:

We did exactly the same.. it’s not best case scenario but it happens. You need to file for adjustment of status i485 along with i30, i765 so that you can work while waiting for your application to be processed and advanced parole i131 so that you can travel out of the country. It’s better if you don’t leave the USA before getting your advanced parole document that allows you to return to the US. Overstaying your visa is excused if you are applying for adjustment of status so I wouldn’t worry about that. Check out my timeline. Good luck

I guess we should of looked into it more beforehand! Haha! I didn't even know you could do that! That's a nice option, as you don't have to be apart anymore! Ah, I'm jealous about that! 

For us though, I guess it just made sense for me to come back and earn GBPound because it will go further when I do move over! 

I don't want money to be an issue incase I cant find work quickly!  

Whichever visa journey you take I guess that there is pros and cons! 

Good luck on your journey and yes please let me know timeline, as it interests me! And if it is a really quick option, then I shall kick myself for leaving and coming home, rather than staying!  Hahahaha!