Marrying in US on a visitor visa, then returning home

[Apocalypsesugar 1]

So my fiancé and I want to get married and file for the CR-1 visa. He lives in the UK, and I live in the US. Our plan is for him to come in December and for us to get married in the US, then for him to go back to the UK and for us to file for the CR-1.

 

My fiancé is afraid that if he tells the border agent that he’s coming to the US to get married, he’ll be sent back home because he doesn’t have a K-1. I’ve tried to tell him that it’s not illegal as long as he returned home and we work on getting the proper visa. He wants some kind of “proof” from a governing agent/body that says it’s okay for him to get married here. I’ve been trying to find that reassurance through federal and state (Minnesota) channels, and I can’t find any “legal” confirmation. Everything I find either end up being from visa forums or tries to give me K-1 visa information, but nothing “official.” 
 

So I was wondering if such a thing exists?

[Daphne . 1,864]

I married my husband while I visited (also Minnesota), returned to the NL and started the CR1 without any issues. There is nothing illegal about it. Your fiancé needs to make sure he can provide proof of strong ties to the UK (job, etc) so CBP doesn’t suspect him of not returning to the UK. 

 

I was very open to CBP and told them that we had good reasons for doing consular processing (did not want to get stuck in the US without being able to work or travel). It was not required for me to disclose that info, but I chose to explain and I had no issues.

[Crazy Cat 41,855]

Google "foreign visitors marry in the us every year".  

 

Can You Get Married on a U.S. Visitor Visa? | AllLaw

[Apocalypsesugar 1]

8 hours ago, Daphne . said:

I married my husband while I visited (also Minnesota), returned to the NL and started the CR1 without any issues. There is nothing illegal about it. Your fiancé needs to make sure he can provide proof of strong ties to the UK (job, etc) so CBP doesn’t suspect him of not returning to the UK. 

 

I was very open to CBP and told them that we had good reasons for doing consular processing (did not want to get stuck in the US without being able to work or travel). It was not required for me to disclose that info, but I chose to explain and I had no issues.

Thank you so much, that was very helpful and seemed to ease my fiancé’s worries a little bit. We’ll make sure he brings plenty of proof and have him share our reasoning for doing it this way (basically the same reasoning as you had).

 

Thank you again!

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Chancy 6,241]

On 11/18/2022 at 1:36 PM, Apocalypsesugar said:

He wants some kind of “proof” from a governing agent/body that says it’s okay for him to get married here.

 

I'm sure you understand that there's no guarantee that your fiance will be allowed entry into the US.  The best he can do is to bring lots of proof of his strong ties to home country, which you already said he will do, so that's good.  Remember also that a return or onward ticket is required, if he is traveling on ESTA.

 

As for official word that a K1 visa is not required to get married in the US, here you go, straight from the website of the US embassy in the UK -- https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

 

I also got married in the US without a K1 visa.  CBP knew at my point of entry that I had plans to get married during my trip.  They asked me about it directly, so I answered truthfully.  They did send me to secondary interview, but after some questioning, they were convinced that I intended to return to my home country as planned, so they eventually let me in.  It might have helped that I explicitly declared that I would not stay and adjust status.

 

[Apocalypsesugar 1]

19 minutes ago, Chancy said:

 

I'm sure you understand that there's no guarantee that your fiance will be allowed entry into the US.  The best he can do is to bring lots of proof of his strong ties to home country, which you already said he will do, so that's good.  Remember also that a return or onward ticket is required, if he is traveling on ESTA.

 

As for official word that a K1 visa is not required to get married in the US, here you go, straight from the website of the US embassy in the UK -- https://uk.usembassy.gov/visas/immigrant-visa-faqs/

 

Yes, he will have a return ticket and bring proof of his ties to the uk. (Job contract, apartment lease contract, return ticket, etc.). Is there anything else that might be a good idea to bring for proof of going back? But yes, it’s not a guarantee, but we’ll do everything we can!

 

Oh excellent! Thank you so much for the link! That is exactly what I was looking for.

[Chancy 6,241]

3 minutes ago, Apocalypsesugar said:

Is there anything else that might be a good idea to bring for proof of going back?

 

Approved leave of absence (with expected date of return) would be good if he can get one.  Remember that he will not be allowed to work while in the US on ESTA.  When I was interviewed by CBP, they were very interested in my work back in my home country.  Also, I think they tried to catch me saying that I would be doing work during my trip.  But I was truly going on vacation, so I had no worries declaring that I would not be working while in the US.

 

[Apocalypsesugar 1]

7 minutes ago, Chancy said:

 

Approved leave of absence (with expected date of return) would be good if he can get one.  Remember that he will not be allowed to work while in the US on ESTA.  When I was interviewed by CBP, they were very interested in my work back in my home country.  Also, I think they tried to catch me saying that I would be doing work during my trip.  But I was truly going on vacation, so I had no worries declaring that I would not be working while in the US.

 

Okay, yeah I think he should be able to get that.

 

He won’t be working either, so he should be able to declare that to them as well if they ask.

 

Thank you, your advice is very helpful.

[pushbrk 12,883]

Note that another more generic answer to "purpose of visit?" that is ALSO true, is perfectly fine.  One need not mention every item on their agenda.  Pleasure, vacation, holiday etc. are all true, and reduce the risk of further scrutiny.  Having a hotel reservation is good.  One need to not actually stay there.

 

[Chancy 6,241]

8 hours ago, pushbrk said:

Note that another more generic answer to "purpose of visit?" that is ALSO true, is perfectly fine.  One need not mention every item on their agenda.  Pleasure, vacation, holiday etc. are all true, and reduce the risk of further scrutiny.

 

I agree.  The approach I always took for CBP inspections when I traveled as a tourist was to answer truthfully, but not volunteer information that is not asked.  Unfortunately for me on that one trip, the CBP officer had sharp instincts.  After I answered "vacation" for my purpose of visit, he asked "Who are you staying with?" followed by "Are you going to get married?".  Off to secondary I went 😅  Good news for the OP is that line of questioning is less likely for a British male traveler on ESTA than a Filipina on B2.

 

[MarmiteC 68]

I am from the UK and entered the US, specifically Minnesota, in August and got married.  The CBP officer asked me why I was there, I said visiting my fiance, they asked if I was getting married while there, I said yes. I was then whipped into the room of doom.  I waited around 20 agonising minutes to be seen.  I showed them proof of employment, apartment lease etc.  The officer did ask me if I had surrendered my lease, I told him no, but he went back to employment questions.  I would suggest taking a recent utility bill to show he's still at the current address.  I had a letter from work also.  I explained to the officer I am a director of the company and was about to offer to show him that on companies house website when he said "that explains why you're so prepared" and stamped me in.  I wasn't there very long overall and he was pretty friendly.

 

I recently visited again and took even more proof with me, and a copy of our I-130 reciept, just incase.  This time when asked I just said I was there to visit family.  No room of doom this time and straight through, but I will be prepared during every visit just in case.