planning to marry in the US, but not remain - how to enter?

[gortivy]

Here's my situation, I'm currently in New Zealand. I've been out here on the working holiday visa scheme for the past 9 months. I am from the UK, and my fiance is from MA. We have been together for 4 years now, and we plan to marry in September in the US, but the I will return to the UK shortly afterwards and begin the application for my fiances to live and work in the UK, and she will be coming to the UK in Jan 09.

Basically I will be entering the US under the visa waiver scheme, but with complete honesty, I will state that I am intending to marry, but not to remain. I have my plane ticket home already, which is my first line of proof, but after speaking with the San Francisco Port of Entry Officer two days ago, I will need more. First of all has anyone else had this issue before? Basically I need more proof that ties me to the UK, but this is difficult as I have been traveling for 9 months and don't have an apartment or job to walk back into. I have a couple of jobs that I will possibly have temporarily when I get back that will happily write letters up for me to say I will work there when I return but I'm not sure if this is enough. I was thinking of getting a letter from my parents, stating that I will be living with them temporarily when I return while searching for my own place and working, will this help?

Also, I have had advice from some people that I do NOT need to state I am getting married - only say that the purpose of my visit is to visit people, and not give out more info that asked. IS THIS LEGAL? (not just your opinion) I may want to apply for US citizenship in years to come, and do not want to mess things up by doing something wrong now!

Does anyone have any other suggestions? Or has anyone every had to deal with this before! I just don't want to be refused entry and sent back to England right now!

THANKS, and sorry this is so long,

Gary

[Marco 72]

Basically I will be entering the US under the visa waiver scheme, but with complete honesty, I will state that I am intending to marry, but not to remain.

That's a silly thing to do. You are under no obligation to tell them anything unless they ask you (if you are not planning to do something illegal) and even then you shouldn't volunteer any more information than is required to answer their question. When they ask you what the purpose of your visit is, you can reply "pleasure". Most likely they'll leave it at that. If you do say you are going to marry a US citizen you can expect to be taken to secondary and given your situation possibly be denied entry.

I was in a similar position three years ago when I married my then USC girlfriend in the US (although I did have a job/apartment in London). I wasn't asked any questions about marriage and I didn't tell them. Just to be on the safe side we planned a very inexpensive ceremony and reception, which luckily didn't need to be cancelled.

[iamwhoever]

Since you qualify to enter via the visa waiver program and do not intend to take up residence in the US after marriage, you are not required to apply for a fiance visa and may enter via the visa waiver program. Also, you do not need to disclose that you are getting married in the US. However, depending on your length of stay, they may ask you to prove that you have funds to support yourself.

The following is from the US Embassy London website:

"Are you getting married in the United States?

If the fiancé(e) of a U.S. citizen intends traveling to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancé(e) visa. A fiancé(e) cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence.

Note:If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program."

http://www.usembassy.org.uk/cons_new/vi ... pouse.html

As always, just make sure you have everything covered for your visit. My borther-in-law had no problems. He came to the US on the VWP and married my sister. They then returned to the UK about a week after they married. They didn't have any problems.

Good luck! Cheers!

[sraboni123]

Would be grateful for any advice:

- my fiance who is in the US with a H1B work permit and has applied for his greencard - he is now at the final stage waiting for the priority date to be current before he submits his application.

We want to get married in the US. The confusion is whats the best way:
- I am UK citizen - and because he is not a US citizen - I am assuming I do not need to apply for a fiance visa? is this correct. So I would have to go there on the visa waiver programme.
- After the marriage I am planning to settle in the us - but I intend to come back to uk first. Now what kind of application does he need to apply for me?
- If in the meantime his priority date becomes current - can he apply for me at the same time as his and do I need to be physically present in the US for him to do that or would our marriage certificate be sufficient (thats assuming we get married before it becomes current). Would I still be able to travel to US and back on the visa waiver programme after he applies for me with his I485?

sorry for asking so much - its just so complicated and everyone seems to have a different view on this...

your advice would be much appreciated
srab

[Marco 72]

Since you qualify to enter via the visa waiver program and do not intend to take up residence in the US after marriage, you are not required to apply for a fiance visa and may enter via the visa waiver program.

Yes, I forgot to add this. It's perfectly legal to use the VWP to enter the US as long as you do not intend to stay. However, the VWP is probably abused by many who do plan to adjust status after getting married. So if the OP spills the beans about his wedding plans he should be prepared to thoroughly grilled, and maybe denied entry. If they are planning an expensive wedding it might be a good idea to postpone it until after he has found a job.

[INSIDER]

Basically I will be entering the US under the visa waiver scheme, but with complete honesty, I will state that I am intending to marry, but not to remain.

That's a silly thing to do. You are under no obligation to tell them anything unless they ask you (if you are not planning to do something illegal) and even then you shouldn't volunteer any more information than is required to answer their question. When they ask you what the purpose of your visit is, you can reply "pleasure". Most likely they'll leave it at that. If you do say you are going to marry a US citizen you can expect to be taken to secondary and given your situation possibly be denied entry.

I was in a similar position three years ago when I married my then USC girlfriend in the US (although I did have a job/apartment in London). I wasn't asked any questions about marriage and I didn't tell them. Just to be on the safe side we planned a very inexpensive ceremony and reception, which luckily didn't need to be cancelled.

Speaking as someone who has "inside" knowledge albeit in the UK, if you fail to disclose material reasons for your visit even if not directly asked, that alone is a sufficient ground for refusal. Believe me when I say IOs aint stupid, if he is found out he will surely be refused with all the repercussions that will entail for him. Better to be honest and up front.

[denise]

Wow, I didnt realise going to USA to marry but not stay is such a big problem. I am a UK citizen, my Husband is from USA and we went there to marry. We had no proof of anything since nothing was booked! I even had my wedding dress with me when I went through the Immigration control in USA and was asked what was in the box and I told them! Didnt realise it could have meant I wouldnt be let in.