To marry or not to marry...

[barnaby 0]

Hello

We are in an interesting situation, which is discussed somewhat in other topics, but there is really no agreement on what the best course of action actually is. It would be interesting to hear from people who have done it...

So here it is:

I am UK citizen (male), my fiancee is US citizen (female)

We met in 2004 and got engaged in Oct 2006.

We are planning to marry in USA in Sept 2007, venue booked, people coming etc.

We have no fiancee visa, and I am planning to enter the US in Aug on Visa Waiver, then apply for K3, returning to UK for appropriate interviews and paperwork.

However, the question is, should we actually get married in Sept, given that that might mean I had (illegally) entered the country with immigrant intent (even though I am planning to return to UK for K3 procesing)? Maybe we should just have the ceremony and not legally get married, apply for K1 and then do the legal marriage. This would in a way get around the issue of lying to the immigration official, because I wouldn't be entering to get married (legally) although I would if course be entering to get married in every other sense.

On the other hand, I have not read of anybody who actually got denied a K3 having got married un US on a visitor visa (or visa waiver). Does anyone know of anyone this happened to? It seems as though, as long as you don't mind leaving the country again after getting married (for the K3 processing) they don't mind that you didn't get the K1. And if we want to stay together during that period of time, we could just go somewhere together (outside of US) as long as I get to London at the right time to do the interview and processing. I can presumably keep up to date with where my application is up to over the internet or telephone (in other words neither of us needs to be at a fixed address to receive mail?).

Maybe this topic can be a general discussion around this, with people pitching in their experiences and questions.

Looking forward to hearing from you all!

[Reba 2]

There is no law against you coming to the US to get married to leave. The problem stems from coming here to get married to stay, and having to prove to border officials that you do indeed plan to leave.

There are several people here at VJ who got married in the US and then immediately left to wait out immigration processing.

If you've got proof of ties to the UK, and you can convince the POE that you have no intent to stay illegally (if you're questioned of course, no need to just blurt out anything), you can get married in the US.

K3s usually get denied because a Con Off will suspect that the marriage is not genuine, that the beneficiary only married their spouse as a means to the green card. Where or when they get married isn't so much the issue.

[payxibka 10,047]

The question is do you have immigrant intent on the current visit/entry. Since you plan to leave in order to petition for the proper visa then you DO NOT have immigrant intent on that particular visit.

[barnaby 0]

So in that case is it actually okay to admit to the immigration officer on entry that I am getting married, and that I then plan to leave again to apply for K3 or probably better not to mention it? I would have evidence of ties to UK and return flight etc.

The question is do you have immigrant intent on the current visit/entry. Since you plan to leave in order to petition for the proper visa then you DO NOT have immigrant intent on that particular visit.

[Nanusia & Lukaszek 0]

So in that case is it actually okay to admit to the immigration officer on entry that I am getting married, and that I then plan to leave again to apply for K3 or probably better not to mention it? I would have evidence of ties to UK and return flight etc.

The question is do you have immigrant intent on the current visit/entry. Since you plan to leave in order to petition for the proper visa then you DO NOT have immigrant intent on that particular visit.

No, it is not OK to mention you are entering to marry & then promise to leave. Once the officer at POE hears "marriage" you will probably be on a plane back to the UK. Just enter normally, you dont have to give an indepth plan of your stay.

[Oath 0]

definately don't mention marriage at poe, make sure you can prove you till have ties to your home country if it comes up, if your getting married and have no ties to your home country then chances are they'll assume your intending to stay.

[pushbrk 13,112]

definately don't mention marriage at poe, make sure you can prove you till have ties to your home country if it comes up, if your getting married and have no ties to your home country then chances are they'll assume your intending to stay.

I'll third that advice. You need not provide a complete itinerary for your visit. If you mention you are marrying, you can expect to be denied entry. Should you decide to make subsequent visits, don't mention you are visiting your wife. Same reason. You're not doing anything illegal but if they suspect you are, you'll be denied entry just the same.

The purpose of your visit can be as simple as visiting friends or if you and you wife plan to go to say "Disneyland" during your visit then your purpose is to visit Disneyland. Don't lie but don't send up red flags either.