Visa Waiver to the US

[Madge]

Hi everyone,

My fiancé lives in the Chicago and we try and see each other every 3-4 months (I normally fly over from NZ as I am doing my degree atm which makes it easier to see each other)

We are planning to marry when i'm over there this coming June/July then I am flying back for my second semester of Uni.

Just wondering will this be possible to do on a visa waiver?

We are hoping that as soon as I finish my degree end of next year I will be able to join him permanently

**I was in Chicago for 3 months already on the visa waiver form from december to feb (my summer holidays = my first white christmas )

[London-FortCollins]

I come to the states on the VWP too. When I came for my second three month visit I had extra security questions and I took the oppurtunity to ask them about the rules of the VWP in detail.

*You have to leave the country compleltley for a minimum of 2 weeks between each visit. As far as I'm aware canada and mexico dont count unless that is your country of residence.

*You cannot spend more time in American than out of it. For example no more than 6 months in a 12 month period, otherwise you are deemed to be "living" in America.

I asked them same question about getting married on the VWP. As far as I am aware, and based on others advice it is ok, you just need to be aware that they're likely to be very suspicious at customs.....apparently the only reason you would want to get married in America is to live there *eyeroll*

But as with all visits, just make sure you have your return tickets already booked, and proof of returning to NZ (school records, lease, job contract etc etc). At the end of the day it shouldnt be viewed any differently than a destination wedding. (I say "shouldnt")

My belief with immigration is they're just doing they're jobs, if you have nothing to hide and are doing nothing wrong you shouldnt need to worry, as long as you have enough proof backing you up they should have no reason to deny you entry.

Best of luck - please let me know how it goes!

[London-FortCollins]

PS: You probably already know this, but when you join him permanently you will need to apply for the visa/green card etc. I would not recommend visiting on the VWP and then trying to change visa status whilst your there. They hate that. Also it wont be the K1 fiancée visa as you will already be married....but I'm not sure what the "marriage visa" is called or the process behind it.

[Madge]

Thanks for the information

If you don't mind what kind of security questions did they ask you?

I was just a bit worried that they might not let me in if they find out I am coming over to get married..But Nick and I definitely want to do it all legally.

I will keep you posted! I fly out June 4th which is only 2 months and a bit away *happy dance*

[Madge]

No definitely not doing it like that! Nick is a LPR and I want to finish my degree and get the visa process done all legal and what not

So as soon as I am back in NZ late July Nick will send in the forms and then we wait.

[London-FortCollins]

I got asked the standard stuff at the normal security line "Why are you here?" "Where are you staying?" etc etc, I was honest, told them visiting my boyf and staying with him. I think they flagged it when they asked my departure date and it was another 3 month stay in a year period.

So I had to go to a side area, not a private office or anything, just another desk and some chairs and you wait until your called up. They basically were just probing a bit further as to whether I had the money to fund my trip and if I had a job when I returned to the UK.

I brought every bit of paperwork I could think of, and they didnt even want to see most of it, but I was glad I had it. I brought my currency exchange receipts and credit card statements so they knew I had the funds to cover my trip (I even photocopied my actual credit cards...he thought that was hilarious! )

I had photocopies of bank statements proving my savings in the UK which both helped prove that I would be returning and that I had additional funds should I need them.

I also had a letter from my job confirming I was on a temp contract but they were expecting me to return in April. I think that was the clincher. Luckily I worked at an amazing place that were more than happy to write that letter for me.

As I said before, whilst he was typing into the computer I asked him about the VWP in more detail, explained I understood there was limits and didnt want to overstep them. I was generally confident whilst being uber polite and understanding, which I think combined with all my paperwork went a long way to convince him I wasnt trying to do anything illegal.

The visa process from what I've heard may take a while. I've been advised that the fiancee visa can take 8 - 12 months to file (although it can be completed quicker) but I dont know if its any quicker if your already married. I would definitly talk to an immigration lawyer or advice buearo (cant spell this word and spellcheck isnt helping!) of some kind so they can let you know exactly what you need to do.

Aw yay thats super soon! Fingers crossed the time will fly for you! I'm leaving in a week which really sucks but hopefully it wont be too long before he comes to the UK which means yay!

[13000km]

We're also trying to figure out where it is more convenient to get legally married. From what I have researched it looks like even if you're from one of the countries under the visa waiver program you still have to have the K1 visa to get legally married in the US. I'm not sure what the rules are for leaving the US then coming back after the marriage, but when you do go to the US permanently and are planning on becoming a LPR or citizen you would first need to apply for this other K visa to enter the US while waiting for your 'spouse of US citizen' status. The rules might be different since your fiance is a LPR and not a citizen, idk. I should be calling the embassy sometime this week, maybe they can clear up some more questions.

[London-FortCollins]

What if your not planning on living in the states at all? Me and my so want to get married in the USA but live in the UK.

On that basis it would be the same as a destination wedding surely and therefore wouldn't need any form of immigration visa as I'm not immigrating?

Gah! The whole darn things so confusing!

[Élan]

Sure, you can get married on the VWP. You just cannot enter the United States with the intent to immigrate on the VWP. Some people do manage to adjust status after getting married on the VWP, but they generally need to prove that the wedding was spontaneous (not planned before their PoE into the USA).

If you'd like to get married on the VWP then go back to NZ, that should be just fine! After you're married, your husband can file for an IR-1/CR-1 (spousal) visa for you. You may hear something about the K-3 visa, but it's dead so just apply for the IR-1/CR-1. Once you are awarded the visa, you will be able to come to the US and get a green card upon arrival.

[Madge]

London-FortCollins--It must be sad that you are leaving in a week but then again the next time you see him you are closer to being together for the future! Crikey the last time I was over I only had my return ticket as proof 0_o..think I will take a lot more information to prove I'm going back thank you for sharing

13000km--Unfortunately Nick is a lawful permanent resident not a US citizen so we arent able to get a fiancé visa. I had a check on the website..they did have a visa called "V visa" but they have closed it now which sucks but not much we can do about it lol.

Élan--Thanks for your information! I think I might talk to a immigration lawyer as well just to double check..I don't want to do anything illegal!

[nicole]

elan is right, you can enter on the VWP and get legally married, then leave again. You would have to enter on the CR-1 visa instead of a K-1 which is a fiance visa. the CR-1 takes a bit longer, but it's less paperwork, almost half the price and you get a green card straight away.

My SO and I are currently choosing whether to get married when I'm there next or wait for the K-1. It's a hard decision!

[13000km]

Update from the embassy. They weren't much help about some of the other questions, but I found out that you don't need to get the fiance visa if you're getting married there, then leaving the country, you can do that on the VWP. You'll have to have proof though, in your case would be your return tickets and whatnot. As a LPR, he will be able to bring you into the US as spouse of LPR when you decide to stay there with him permanently. Other than that the lady basically said to stay in the US for a long period of time the best way is to get married and get a green card. If you're planning to get married there and stay there you'll need to apply for the K1, then the immigrant visa.

[natashac]

Really helpful reading your comments as i too are considering this route with my partner.

One question though because this will b the first time i travel over there for more than a two week break. Do i have to apply for an actual Visa Waiver program, or do i just book my air ticket as normal and have the return documents with me for proof of leaving in 90 days and i fly just the same as if it were a two week break ?

Also, they have asked me before how money i am carrying. I am obviously saving up until the time of flying over there but do i need a certain amount of money that would show i am looking after myself, and not just staying with my partner and he is taking care of us both, which is probably more than likely to happen because of bill commitments here in the UK and this is the way we planned to. But now i am thinking they will question me more if i dont have X amount of money on me?

[Tooki]

Really helpful reading your comments as i too are considering this route with my partner.

One question though because this will b the first time i travel over there for more than a two week break. Do i have to apply for an actual Visa Waiver program, or do i just book my air ticket as normal and have the return documents with me for proof of leaving in 90 days and i fly just the same as if it were a two week break ?

Also, they have asked me before how money i am carrying. I am obviously saving up until the time of flying over there but do i need a certain amount of money that would show i am looking after myself, and not just staying with my partner and he is taking care of us both, which is probably more than likely to happen because of bill commitments here in the UK and this is the way we planned to. But now i am thinking they will question me more if i dont have X amount of money on me?

You have to apply for the VWP online before you go to the US, whether you will enter the US for one day or one month, if you are going without a visa.

Every government lists a daily monetary figure online for what they expect to be necessary to sustain yourself in their country. You may have also been asked about how much money you are carrying in person for customs purposes (You need to declare cash amounts over x. whatever).

[nicole]

Really helpful reading your comments as i too are considering this route with my partner.

One question though because this will b the first time i travel over there for more than a two week break. Do i have to apply for an actual Visa Waiver program, or do i just book my air ticket as normal and have the return documents with me for proof of leaving in 90 days and i fly just the same as if it were a two week break ?

Also, they have asked me before how money i am carrying. I am obviously saving up until the time of flying over there but do i need a certain amount of money that would show i am looking after myself, and not just staying with my partner and he is taking care of us both, which is probably more than likely to happen because of bill commitments here in the UK and this is the way we planned to. But now i am thinking they will question me more if i dont have X amount of money on me?

You need to fill out the ESTA form online before you leave or they won't even let you check-in to your flight. They've never been too bothered about what money I have with me. I usually tell them how much I have in cash and that I have my credit and debit cards with me, but they've never thoroughly checked. A print out of your bank statement wouldn't hurt, even if you have no intention of using the money.