K-1 needed to get married in the US ?

[Mr. Grey 0]

Hi everyone,

I hope I didn't choose the wrong board for my question... however, this one seemed most suitable to me.

I recently got engaged to my girlfriend (US citizen), I am a German citizen. We look to a wedding somewhen in September or October 2008, to take place in her hometown in TX. Whenever I visited her in the past, I entered the US with my German passport under the Visa Waiver Program, because I never stayed longer than 2-3 weeks.

However, since we're planning to have our wedding in the US, I wondered if I would need the K-1 visa to enter the US and get married there. Our plan is not to stay in the US after the wedding, because my fiancee wants to move to Germany afterwards. Therefore, I wouldn't assume that I need the K-1 visa, because I would not apply for Adjustment of Status after the wedding.

Is it possible to enter the US on the Visa Waiver Program for these purposes ? My understanding is that admission to the US is always up to the officer at the POE, who might think that I want to immigrate to the US when I get married there.

Apart from that, would anyone of you recommend applying for a (visitor) visa now that we're engaged ? Would a B2 make travel forth and back any easier than travelling on the VWP until the wedding ?

Many thanks for your answers !

Kind regards,

Daniel

[Dan J 277]

Hi everyone,

I hope I didn't choose the wrong board for my question... however, this one seemed most suitable to me.

I recently got engaged to my girlfriend (US citizen), I am a German citizen. We look to a wedding somewhen in September or October 2008, to take place in her hometown in TX. Whenever I visited her in the past, I entered the US with my German passport under the Visa Waiver Program, because I never stayed longer than 2-3 weeks.

However, since we're planning to have our wedding in the US, I wondered if I would need the K-1 visa to enter the US and get married there. Our plan is not to stay in the US after the wedding, because my fiancee wants to move to Germany afterwards. Therefore, I wouldn't assume that I need the K-1 visa, because I would not apply for Adjustment of Status after the wedding.

Is it possible to enter the US on the Visa Waiver Program for these purposes ? My understanding is that admission to the US is always up to the officer at the POE, who might think that I want to immigrate to the US when I get married there.

Apart from that, would anyone of you recommend applying for a (visitor) visa now that we're engaged ? Would a B2 make travel forth and back any easier than travelling on the VWP until the wedding ?

Many thanks for your answers !

Kind regards,

Daniel

You do not need a K-1 visa for your situation. When you do enter on the VWP for your wedding, be ambiguous about why you are here. Say something to the effect of your going to visit your friends. The reason why you want to do that, is saying you are entering to get married tends to come along with the assumption that you plan to stay. Which could possibly cause you difficulty at the PoE.

[pushbrk 12,877]

Hi everyone,

I hope I didn't choose the wrong board for my question... however, this one seemed most suitable to me.

I recently got engaged to my girlfriend (US citizen), I am a German citizen. We look to a wedding somewhen in September or October 2008, to take place in her hometown in TX. Whenever I visited her in the past, I entered the US with my German passport under the Visa Waiver Program, because I never stayed longer than 2-3 weeks.

However, since we're planning to have our wedding in the US, I wondered if I would need the K-1 visa to enter the US and get married there. Our plan is not to stay in the US after the wedding, because my fiancee wants to move to Germany afterwards. Therefore, I wouldn't assume that I need the K-1 visa, because I would not apply for Adjustment of Status after the wedding.

Is it possible to enter the US on the Visa Waiver Program for these purposes ? My understanding is that admission to the US is always up to the officer at the POE, who might think that I want to immigrate to the US when I get married there.

Apart from that, would anyone of you recommend applying for a (visitor) visa now that we're engaged ? Would a B2 make travel forth and back any easier than travelling on the VWP until the wedding ?

Many thanks for your answers !

Kind regards,

Daniel

You do not need a K-1 visa for your situation. When you do enter on the VWP for your wedding, be ambiguous about why you are here. Say something to the effect of your going to visit your friends. The reason why you want to do that, is saying you are entering to get married tends to come along with the assumption that you plan to stay. Which could possibly cause you difficulty at the PoE.

This is correct. Your plans don't require a visa but telling a CBP officer at the point of entry that the purpose of your visit is to get married, is a big red flag that could get you denied entry. If you were coming on holiday, you wouldn't need to give your whole itinerary, or include that you're going to attend two rodeos, a chili cook-off and a hog calling contest. Just visiting friends, holiday, vacation etc. is sufficient.

If you ever intend to immigrate, you'll need the appropriate visa to do so at that time.

[DakotaK1 1]

Agree to all above,but if you do get married on the VWP you then can not stay longer than 90 days. I dont know how fast your fiancee is planning on moving to Germany.

[Mr. Grey 0]

Agree to all above,but if you do get married on the VWP you then can not stay longer than 90 days. I dont know how fast your fiancee is planning on moving to Germany.

Thanks for all your replies.

We're currently planning on living in Germany after the wedding, so right now, her plan is to move to Germany by September or October 2008.

How about my second question - can anyone recommend applying for a B2 visa for travelling forth and back until the wedding ? I would do so if I had any advantages from that - right now, I always carry binding ties with me on each entry, should I ever have to prove that I return to Germany after the journey.

Generally speaking, can anyone recommend mentioning the girlfriend/fiancee upon entry to the US, or recommend not to do that ?

Regards- Daniel

[DakotaK1 1]

Generally speaking, can anyone recommend mentioning the girlfriend/fiancee upon entry to the US, or recommend not to do that ?

Well when I enterd the US on the VWP I was always honest and told them I am going to see my boyfriend (at the time) they where not really interested just a bit of small talk of what I got him for christmas lol.

I cant tell you anything about the B2 Visa,dont know much about it I am sure somebody else can do here.