Marrying in the US on ESTA then departing - navigating CBP

[visacats 9]

Hi,

 

I’m a U.K. citizen living and working in the U.K. My girlfriend is a US citizen living and working in the US. 
 

I am travelling to see her later this month, for 2 weeks. I have a valid ESTA. We plan to marry and for me to then return to the U.K. I have a return ticket. I know this is legal to do.

 

Should I proactively disclose the plan to marry to to CBP when asked about the purpose of my visit?

 

I was planning to, but I was speaking with an immigration lawyer and she advised not to disclose this - simply to state that I am visiting my girlfriend (which is of course still true).

 

I am sure this has been asked before but does anyone have any recent experience or advice on this?

 

Wider context:

1. We plan to apply for a CR-1 spouse visa via consular filing but I will continue  to live and work in the U.K. until it is approved.

2. I have two short future trips booked to see her - for 3.5 weeks in late December - mid Jan and then 2 weeks in early March.

3. I am a government contractor and will be taking unpaid leave for the trips, but I will continue to be employed and retain my rental apartment and vehicle in the U.K.

 

(also cross posted to the tourist visa forum)

[Redro 4,611]

43 minutes ago, visacats said:

 

Hi,

 

I’m a U.K. citizen living and working in the U.K. My girlfriend is a US citizen living and working in the US. 
 

I am travelling to see her later this month, for 2 weeks. I have a valid ESTA. We plan to marry and for me to then return to the U.K. I have a return ticket. I know this is legal to do.

 

Should I proactively disclose the plan to marry to to CBP when asked about the purpose of my visit?

 

I was planning to, but I was speaking with an immigration lawyer and she advised not to disclose this - simply to state that I am visiting my girlfriend (which is of course still true).

 

I am sure this has been asked before but does anyone have any recent experience or advice on this?

 

Wider context:

1. We plan to apply for a CR-1 spouse visa via consular filing but I will continue  to live and work in the U.K. until it is approved.

2. I have two short future trips booked to see her - for 3.5 weeks in late December - mid Jan and then 2 weeks in early March.

3. I am a government contractor and will be taking unpaid leave for the trips, but I will continue to be employed and retain my rental apartment and vehicle in the U.K.

 

(also cross posted to the tourist visa forum)

When I got married on my B1/B2 I didn't disclose the fact I was getting married as the only question I was asked was "How long will you be in the States?" 

Answer the questions you're asked to the best of your ability. 

I also entered the States after the wedding and I don't think I ever had to disclose I was in the States to see my husband's family. The questions upon entry vary. 

Edited November 7, 2021 by Kor2USA

[Crazy Cat 41,885]

3 hours ago, visacats said:

 

Hi,

 

I’m a U.K. citizen living and working in the U.K. My girlfriend is a US citizen living and working in the US. 
 

I am travelling to see her later this month, for 2 weeks. I have a valid ESTA. We plan to marry and for me to then return to the U.K. I have a return ticket. I know this is legal to do.

 

Should I proactively disclose the plan to marry to to CBP when asked about the purpose of my visit? No.  Do not offer that information unless asked by CBP.  

 

I was planning to, but I was speaking with an immigration lawyer and she advised not to disclose this - simply to state that I am visiting my girlfriend (which is of course still true). Bad advice from the attorney.....If asked, you must be completely honest.  NEVER lie or attempt to mislead immigration and CBP.

 

I am sure this has been asked before but does anyone have any recent experience or advice on this?

 

Wider context:

1. We plan to apply for a CR-1 spouse visa via consular filing but I will continue  to live and work in the U.K. until it is approved.

2. I have two short future trips booked to see her - for 3.5 weeks in late December - mid Jan and then 2 weeks in early March.

3. I am a government contractor and will be taking unpaid leave for the trips, but I will continue to be employed and retain my rental apartment and vehicle in the U.K.

 

(also cross posted to the tourist visa forum)

 

Edited November 7, 2021 by Crazy Cat

[visacats 9]

3 hours ago, Kor2USA said:

When I got married on my B1/B2 I didn't disclose the fact I was getting married as the only question I was asked was "How long will you be in the States?" 

Answer the questions you're asked to the best of your ability. 

I also entered the States after the wedding and I don't think I ever had to disclose I was in the States to see my husband's family. The questions upon entry vary. 

Understood, and good point that the question of purpose of visit may not come up. Thanks.

[visacats 9]

1 hour ago, Crazy Cat said:

Should I proactively disclose the plan to marry to to CBP when asked about the purpose of my visit? No.  Do not offer that information unless asked by CBP.  

 

I was planning to, but I was speaking with an immigration lawyer and she advised not to disclose this - simply to state that I am visiting my girlfriend (which is of course still true). Bad advice from the attorney.....If asked, you must be completely honest.  NEVER lie or attempt to mislead immigration and CBP.

Thanks, I may have been a bit unclear with my original wording.

 

What I meant to ask was: if I am specifically asked about the purpose of my visit, then should I specifically disclose marriage plans? Or keep to a more general response such as visiting my girlfriend.

 

I think you are saying: if asked about purpose of visit, then yes disclose specific marriage plans.

 

But if I am not asked about the reason for my visit then I shouldn’t offer anything. 
 

Is that the right interpretation of your response?

[Crazy Cat 41,885]

2 minutes ago, visacats said:

I think you are saying: if asked about purpose of visit, then yes disclose specific marriage plans.

 

But if I am not asked about the reason for my visit then I shouldn’t offer anything. 

Correct.

[visacats 9]

1 minute ago, Crazy Cat said:

Correct.

Understood. That was my gut feel too. Thank you. 
 

Just out of curiosity, do you have any particular reason or direct experience for this position? Obviously being honest is the best policy so I was a bit surprise to receive the advice that I did from the lawyer.

[Crazy Cat 41,885]

6 minutes ago, visacats said:

Understood. That was my gut feel too. Thank you. 
 

Just out of curiosity, do you have any particular reason or direct experience for this position? Obviously being honest is the best policy so I was a bit surprise to receive the advice that I did from the lawyer.

I would not advise anyone to stretch the truth, then let CBP make a claim of misrepresentation at some point.  It's just better, imo, to just be completely honest if asked.  

[Vickys_Mom 225]

4 hours ago, visacats said:

Understood. That was my gut feel too. Thank you. 
 

Just out of curiosity, do you have any particular reason or direct experience for this position? Obviously being honest is the best policy so I was a bit surprise to receive the advice that I did from the lawyer.

You might want to find a new lawyer.  If you're getting that kind of advice now, you might not want to trust this person for the rest of your efforts.

 

I never had a problem with USCIS.  When asked, I told the truth, but I did not volunteer information they didn't ask for.  I didn't want to create any additional paperwork for them based on something I said that they might not have understood.

 

Keep your answers truthful, but answer the question(s) only.  Don't provide information they didn't ask for.

 

Regards,

Vicky's Mom

[visacats 9]

3 minutes ago, Vickys_Mom said:

You might want to find a new lawyer.  If you're getting that kind of advice now, you might not want to trust this person for the rest of your efforts.

 

I never had a problem with USCIS.  When asked, I told the truth, but I did not volunteer information they didn't ask for.  I didn't want to create any additional paperwork for them based on something I said that they might not have understood.

 

Keep your answers truthful, but answer the question(s) only.  Don't provide information they didn't ask for.

 

Regards,

Vicky's Mom

Thanks, yes it was as part of a general discussion about the services they offer, I had already decided not to use them but this point nagged at me.

[retheem 566]

10 hours ago, visacats said:

Thanks, I may have been a bit unclear with my original wording.

 

What I meant to ask was: if I am specifically asked about the purpose of my visit, then should I specifically disclose marriage plans? Or keep to a more general response such as visiting my girlfriend.

 

I think you are saying: if asked about purpose of visit, then yes disclose specific marriage plans.

 

But if I am not asked about the reason for my visit then I shouldn’t offer anything. 
 

Is that the right interpretation of your response?

keep it general. You seeing your girlfriend should be sufficient enough

[Chancy 6,241]

13 hours ago, visacats said:

do you have any particular reason or direct experience for this position?

 

I have first-hand experience about the scenario you are asking about, though my experience is from pre-COVID time.  Regardless, I agree with what @Crazy Cat and others have said -- Answer all questions truthfully, but do not volunteer information that is not asked.

 

In my case, the CBP officer asked my purpose of travel ("vacation"), who I'll be staying with ("my boyfriend").  Then he asked directly, "Are you going to get married?"  I didn't deny it, and I wasn't surprised when he sent me to secondary interview.  The next CBP officer did not ask at all about our wedding plans.  He was most interested in my work back home, my boyfriend's job, and about how we first met (that trip was not our first in-person meeting).  Thankfully, he was convinced that I would return to my home country as planned and admitted me in, knowing that I was going to get married in the US.

 

Months later I returned to the US.  Questions -- purpose of travel ("visit family"), who ("my husband"), is he a US citizen ("yes").  Stamped my passport for entry.  No fuss.

 

[mam521 2,062]

Might not hurt to have a copy of your lease and a letter of employment stashed in your backpack in addition to your return ticket in the event of a "just in case" as proof of ties to return home.  

 

As with anything CBP related, offer only what information you're asked for, never anything more.  

[madhatter204 36]

I was asked directly on my arrival in Seattle in August. Said I was visiting my partner and CBP asked how long we'd been together. When I said three years he said "that's a long time, are you planning on getting married?" I said yes, but clarified I'd return home to wait out the spousal visa. He kind of stared at me for a bit and stamped me through. Tbh he was probably weighing up whether to send me to secondary or not, so possibly got a bit lucky!  

[Redro 4,611]

4 hours ago, madhatter204 said:

I was asked directly on my arrival in Seattle in August. Said I was visiting my partner and CBP asked how long we'd been together. When I said three years he said "that's a long time, are you planning on getting married?" I said yes, but clarified I'd return home to wait out the spousal visa. He kind of stared at me for a bit and stamped me through. Tbh he was probably weighing up whether to send me to secondary or not, so possibly got a bit lucky!  

I got asked when we were going to get married on one of my earlier visits. 

I thought CBP was super rude 😂. Asking me about my life plans when I just wanted to relax...

Didn't realize until now it could be considered a red flag/ a reason for secondary/ a reason for denial.