Marriage without intent to apply for Visa?

[Debbie1223255 2]

Hi there,
I am from UK and planning to marry my US citizen fiance in a few months time.

He does not currently earn enough to meet the income requirement for the spousal visa,Our plan is for me to marry and then go back to my country and visit him back and forth for a year or so while he saves money for the process.

 

Is this advisable and feasible?

 

I am concerned that I may face issues entering the USA on a ESTA/Visa Waiver if I am visiting my husband.  

 

Has anyone ever done it this way?

 

Thanks so much in advance! :) 

[Crazy Cat 42,220]

It is perfectly legal and feasible.  Many people visit during the process.  You will likely have no problems, but be prepared to show evidence of strong ties to your country....Good Luck.

[Debbie1223255 2]

Thank you, I am very worried that if I tell the officer upfront I am visiting my husband , I will be denied automatically.

 

I am also worried that if I withhold this information from them, then I will be denied also. 

 

Would I be best to tell border control I am visiting friends? as technically I will also be visiting friends/his family while I am there.

 

What would count as strong ties to my home country? I currently live with my mother and I have full time work and a car payment, but I do not have any children or a house/mortgage, so I am not sure if that counts as 'strong enough' ties to my home country? 

 

Thank you! 

[Daphne . 1,918]

Should not be an issue. As stated before, just make sure that you have evidence of your ties to your home country. I had a declaration of my employer, my calendar with work appointments scheduled after my trip etc. 

 

I have visited my husband (and disclosed this at POE) many times without any issues. Make sure that you bring the evidence and you should be fine!

Also, my trips were around 2 weeks each time (because who would be able to leave work for months for example) and there were about 2-3 months between the trips. This is no ‘rule’ or anything but just to give you an idea.

 

After my husband filed the I-130, I also brought a copy of my NOA1 and later NOA2 to show that we were doing the immigration the legal way. 

[Daphne . 1,918]

3 minutes ago, Debbie1223255 said:

Thank you, I am very worried that if I tell the officer upfront I am visiting my husband , I will be denied automatically.

 

I am also worried that if I withhold this information from them, then I will be denied also. 

 

Would I be best to tell border control I am visiting friends? as technically I will also be visiting friends/his family while I am there. 

There is no reason to not disclose that you are visiting your husband.

Please let me share the conversation I had at MSP:

Officer: “what brings you to The States?”

Me: “I am visiting my husband”

Officer: “When are you going back?”

Me: “On (date)”

Officer: “You married an American? That did not work very well for me!” (Huge grin on his face)

*stamps my passport*

 

Just be honest because your body language will show that you are nervous and they will see it.. 

[Crazy Cat 42,220]

13 minutes ago, Debbie1223255 said:

Would I be best to tell border control I am visiting friends? as technically I will also be visiting friends/his family while I am there.

Don't try to get creative.......just be truthful....if asked..that you plan to visit your husband,  then return to your country.

Edited May 31, 2019 by missileman

[Debzib88 85]

I am from the uk and visited my at the time fiancé for 3 months on an esta. I had to show how much money I had on me, proof of job, and return ticket home. He asked me why I'm visiting and I replied I'm spending time with my fiancé and meeting his family and friends as his been to the uk and met mine. And asked how I would support my self whilst in America and I said with the money I have and my fiancées wages lol. He was happy and then stamped my passport. He just made it clear that I had to leave on the date stamped in my passport and if I didn't there would be consequences. We got married in the time I was there. It wasn't planned it was just something we did due to him falling seriously ill thankfully he made a full recovery and the time we had left together there was spent appreciating our time together more! I left when I had too and we then decided to file for a cr1 visa. Which we're currently towards the end of now. It's taken a year to process. But his visited me over here in the uk a couple times whilst waiting. Just be honest with them. 

[Debbie1223255 2]

So, when Border control officer asks me for the reason for my trip, I should straight away tell them? Is it likely that this will cause them to be extra suspicious of me?

I never travel for more than a week at a time, and usually only travel once or twice a week at most. I usually take my holiday approved forms and my shift pattern to show that I am scheduled back at work on such a date etc. I always have my return airline ticket to show them. I have only ever been asked to show my return ticket. 

 

I have told them in the past that I am visiting my boyfriend, and this has been fine, but i'm not sure how likely that is to change when I tell them we are married.

 

IF, for talking sake, for some reason I got denied for a trip, does that mean I cannot travel again? or that I could appeal it? 

 

Sorry for so many questions, I want to marry my partner but I want to make sure everything is above board!   

[Debbie1223255 2]

11 minutes ago, Debzib88 said:

I am from the uk and visited my at the time fiancé for 3 months on an esta. I had to show how much money I had on me, proof of job, and return ticket home. He asked me why I'm visiting and I replied I'm spending time with my fiancé and meeting his family and friends as his been to the uk and met mine. And asked how I would support my self whilst in America and I said with the money I have and my fiancées wages lol. He was happy and then stamped my passport. He just made it clear that I had to leave on the date stamped in my passport and if I didn't there would be consequences. We got married in the time I was there. It wasn't planned it was just something we did due to him falling seriously ill thankfully he made a full recovery and the time we had left together there was spent appreciating our time together more! I left when I had too and we then decided to file for a cr1 visa. Which we're currently towards the end of now. It's taken a year to process. But his visited me over here in the uk a couple times whilst waiting. Just be honest with them. 

Thanks for your input! 

 

Did you ever travel back to USA after you had gotten married while in the states?  Hope the CR1 process goes well for you  

[Debbie1223255 2]

1 hour ago, Daphne K said:

There is no reason to not disclose that you are visiting your husband.

Please let me share the conversation I had at MSP:

Officer: “what brings you to The States?”

Me: “I am visiting my husband”

Officer: “When are you going back?”

Me: “On (date)”

Officer: “You married an American? That did not work very well for me!” (Huge grin on his face)

*stamps my passport*

 

Just be honest because your body language will show that you are nervous and they will see it.. 

Thanks for sharing this story, this makes me feel a lot better.  I think as long as they think I am being honest and not hiding anything, I should be okay. I know they are worried about overstays, but if I have proof of my job and return travel, then I will hopefully be okay. They will also see from previous trips, I have never overstayed and I don't visit too often or for a long stretches of time. 

[Debzib88 85]

9 minutes ago, Debbie1223255 said:

Thanks for your input! 

 

Did you ever travel back to USA after you had gotten married while in the states?  Hope the CR1 process goes well for you  

I wanted to travel back to America to see my husband last Christmas to spend the holidays there with him and family so he rang customs and spoke to someone and asked if I could visit him whilst waiting on an immigration decision, he mentioned that I would have a return flight and leave,  but we were advised not too. We didn't want to cause any problems nor did I want to risk traveling all that way to be denied entry, So he just flew over to me. And has been back and forth to see me since I left there. I don't know if Other people have visited whilst waiting for their visa approval but we didn't want to ruin it. We are just following the rules and been waiting, Thank you it's been a long process It's our first wedding anniversary today aswell and it sucks we're not together for it. But I know I'll get to spend every other anniversary by his side 

[K-Kwette 114]

I entered to the US three times since we got married.

 

The first time entering with my husband, last august, officer just asked if we were married and when we said yes asked who was american. I had a return ticket a month later which I told the officer, but he didn't ask for it. 

 

The second time was in December, I was alone and when I told the officer I was going to go visit my husband for Christmas he just asked for how long (one month) and where did my husband live (he wanted the exact address)

 

Third time was in April, I was alone again and started the I-130 process. Officer asked me about it and I said we just got approved at USCIS and waiting for the next step. He asked how long (one month) I would stay and what my job was.

 

No problem at all and I never had to show anything. I actually had more trouble the first time I went to the US with my husband (at the time just boyfriend) because we were going to stay three month and my return ticket was for Latin America (as we were going backpacking for a few months). They found that more suspicious and got taken into secondary inspection where an other officer asked me more questions. But got released after answering few questions. 

 

To me, I have the feeling that if they see that you are coming and leaving on time, they are not bothering you too much. But it probably depends on luck, port of entry, mood of the officer, etc.

[*Snowdrop* 604]

Our spousal visa took 18 months to process and I visited about 7 times during that time. Each time it was for 2 weeks or less, I took return tickets obviously, I also always took a letter from my boss and landlord explaining they expected my return on set dates. I was never asked for any of that evidence. They never asked me about anything more than the length of the trip and when I planned to return. 

 

I usually said purpose of trip was a vacation, and if asked with whom I said husband - but they usually never asked that. They occasionally asked about my job. Once about my job and my hsuband's job but we both worked for quite high profile organizations so that usually distracted them into asking  about that. 

 

I travelled about every 2-3 months to the USA - and it was always a little stressful wondering if they would let me in but it was always fine.