Switching from K1 to CR1, can we get married in the US using my existing ESTA? Consider zoom marriage?

[Minkybear 8]

Hi

 

My fiance (USC) and I (beneficiary, UK citizen) filed for a K1 and got our NOA1 in August 2022. We are looking to withdraw the K1, get married and file for a CR1 instead (we admittedly hurried into the K1 and were given inaccurate information about it being faster). At this point, we are no longer concerned with "the fastest route". CR1 is just admittedly better for us and our circumstances, and we want to switch before we get too far into the K1 process for it to be worth it.

I already have an ESTA. It is not possible for us to marry in the UK, as he will have to be here for a minimum of 29 days due to marriage laws here (can't take that much time off due to his job). My questions are:

• Is it legal to come to the US to visit my fiance using my ESTA, get married and I return to the UK? Or would this be fraudulent? Especially with the K1 having existed? Again, fully intend on returning and living in the UK while we wait it out.
• If the above is not okay, we are also considering a Utah zoom marriage. We know that it is recognised by the USCIS if we prove we have met in person before filing for the CR1. And we will of course see one another when we can between filing and interview, so will be able to give proof of a real married relationship. If we go the Utah route, are there extra steps to consider to make sure the marriage is legal?
• We filed for the K1 without a lawyer. If we switch, should we lawyer up just to be safe?

 

We just want to get this right. Thanks in advance for your info!

[Crazy Cat 41,722]

23 minutes ago, Minkybear said:

Is it legal to come to the US to visit my fiance using my ESTA, get married and I return to the UK?

Perfectly legal.  The Utah Zoom is also an excellent option, imo. 

[powerpuff 6,639]

22 minutes ago, Minkybear said:

Is it legal to come to the US to visit my fiance using my ESTA, get married and I return to the UK?

Yes that is very much legal and fine to do. Good choice on the CR1 btw

 

Utah Zoom is recognized by USCIS, we have seen several successful approvals here on Vj 

 

23 minutes ago, Minkybear said:

We filed for the K1 without a lawyer. If we switch, should we lawyer up just to be safe?

I don’t think that would be necessary. If you were able to file I-129f correctly, I don’t see why you won’t be able to do the same for I-130 (and other forms). 

 

 

 

 

[iwannaplay54 985]

No problem with your plan (marry on ESTA).  In person, it’s way more fun.

 

Good luck to both of you.

[Dashinka 24,448]

You have many options, come over on ESTA, get married by the Justice of the Peace, or even the Utah Zoom ceremony.  He can go to the UK and you can do the Utah Zoom wedding.  Maybe contact @Loren Y and head to Vegas where he can get you hitched pretty fast.  Note, if you do the Utah Zoom wedding, your USC spouse cannot file the I130 until after you have been together in person either during or after the ceremony.

 

I agree, the CR1 is a more superior option.

 

Good Luck!

[iwannaplay54 985]

56 minutes ago, Minkybear said:

 

• We filed for the K1 without a lawyer. If we switch, should we lawyer up just to be safe?

 

We just want to get this right. Thanks in advance for your info!

What you are planning is legal, straightforward, and simple.  A lawyer would just farb it up. 

[Daphne . 1,852]

Absolutely no problem to visit with your Esta, getting married, going back to the UK and starting the CR1. I did the exact same thing 👍🏻

[Minkybear 8]

Thank you everyone for your feedback! We really appreciate it 😃 We are now so much more confident of what to do 🤩

[Wuozopo 4,293]

28 minutes ago, Minkybear said:

Thank you everyone for your feedback! We really appreciate it 😃 We are now so much more confident of what to do 🤩

Here is a reference from the London embassy website FAQ’s.

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.

 

Source https://uk.usembassy.gov/visas/immigrant-visa-faqs/

[Loren Y 2,755]

Feel free to send me a message if you want to do the Vegas thing. I can get you all squared away with certificate in your hand in about an hour. I as always I don't charge members of VJ for the service.

[PrinceChisom 39]

Utah marriage is very recognized. I did it and I’m in the states. 

[*Snowdrop* 604]

Hi - just in case you actually want to get married in the UK - it's not that he has to be there for 29 days - it's that in England and Wales you have to give at least 29 days of notice to get married - and then you have to get married within 12 months of giving notice.

 

However you do have to reside in the place you give notice for 7 days. So he could come over for a week and then you can give notice together - he goes home and  comes back for the wedding which will be a minimum of 29 days later or a maximum of within 12 months later. 

 

I did this with my husband. 

 

-applied for the marriage visa and it was granted in February

- he came over for an 8-day vacation in April - we gave notice on the 8th day and he flew home

- he flew back in July for the wedding 

 

If you don't mind getting married in Scotland it's even easier because it's all done by forms which get sent to the Scottish registrar - https://www.mygov.scot/getting-married  so he doesn't need to make an extra trip to give notice.

 

[Cathi 5,744]

Just make sure you return to the UK if you decide to marry here in the U.S. Coming to the US with ESTA with the intent to marry, stay and adjust status is where you get into fraud. 

Good luck and congrats. A CR1 has always been a superior visa (in my opinion), even when the wait was a little longer. Just makes life easier for all involved.

[Minkybear 8]

16 hours ago, *Snowdrop* said:

Hi - just in case you actually want to get married in the UK - it's not that he has to be there for 29 days - it's that in England and Wales you have to give at least 29 days of notice to get married - and then you have to get married within 12 months of giving notice.

 

However you do have to reside in the place you give notice for 7 days. So he could come over for a week and then you can give notice together - he goes home and  comes back for the wedding which will be a minimum of 29 days later or a maximum of within 12 months later. 

 

I did this with my husband. 

 

-applied for the marriage visa and it was granted in February

- he came over for an 8-day vacation in April - we gave notice on the 8th day and he flew home

- he flew back in July for the wedding 

 

If you don't mind getting married in Scotland it's even easier because it's all done by forms which get sent to the Scottish registrar - https://www.mygov.scot/getting-married  so he doesn't need to make an extra trip to give notice.

 

 

Ah that's interesting. Thanks for the info. I must have interpreted it wrong then, as I understood that he would need to get a marriage visa in order to give notice, because without it they would inform the Home Office who could block it if we tried to get married without one? And that it was only good for one entry. He's coming next week to visit though so we could look into it.

 

21 hours ago, Loren Y said:

Feel free to send me a message if you want to do the Vegas thing. I can get you all squared away with certificate in your hand in about an hour. I as always I don't charge members of VJ for the service.

Thank you for this, we will for sure get hold of you if we decide on a Vegas trip 😄

[*Snowdrop* 604]

On 12/21/2022 at 8:56 AM, Minkybear said:

 

Ah that's interesting. Thanks for the info. I must have interpreted it wrong then, as I understood that he would need to get a marriage visa in order to give notice, because without it they would inform the Home Office who could block it if we tried to get married without one? And that it was only good for one entry. He's coming next week to visit though so we could look into it.

 

 

 

Well technically, it's only good for one entry to get married but you aren't getting married on the trip for giving notice, you are simply showing the registrar that you have obtained it in - so that they know you have all the legal ducks in a row - along with proof of residence for the UK citizen, any divorce certs etc.

 

You 'use' the visa to get married on the trip you make for the actual wedding. If I remember you have something like six months from issuance of the visa to get married. So there is a little planning needed to make sure that the wedding is within the six months and you get all the other bits done with the correct timing. 

 

It would be much easier to get married in the USA as a destination wedding. It was just I really really wanted to get married at home in the UK so I made us jump through all the ridiculous hoops. We did have a gorgeous wedding though. 

 

If I had to do it again I would probably have done a quick USA justice of the peace / Vegas wedding to get the legal bit done and then had the wedding I wanted in the UK with a blessing - would have been less hassle than the marriage visa.

 

But then saying that I have a feeling my Mum would have been upset not to be at the 'proper' marriage bit.