Some little visa thoughts.

[Bher]

I'm sorry if I'm resurrecting an old thread, but I'm quite baffled myself.....I read through the VWP, figured I'm on the list and assumed (all else being well) there was no need for a visa...as it was well, wavered... someone jus asked me if I had a visa to go and I mentioned this and that I didn't need one, I'm now questioning myself. The VWP webby is also one big confusing roundabout lol. HYALP

Edit:Right, seen i need to apply for an ESTA.....is that the end of my worries? XD

[pink elephant]

If you are from the UK and want to go to the US, you do not need a visa (i.e. the sticker that goes into your passport and contains approval from the country's immigration saying you're clear to enter the country along with the reason for your travel in your passport.)

However, you would still need apply for the VWP on the ESTA website before your travel to the US. You just won't receive an actual physical visa, just approval that you're OK to go there and a registered record that you will be visiting. And it seems this authorization will be valid for two years, as a previous poster has said.

[princessmeg1328]

...intending to get married, however, you'll want to apply for a different visa.

This part isn't necessarily true for the US. If you're intending to get married and then leaving, you don't need a visa. It's only if you plan on staying after getting married that you would need a visa. Entering under the VWP will be just fine. Getting any other kind of visa is if you're planning to stay for more than 90 days. As ChibiFelicia said though, you are never really guaranteed entry into a country (unless you have a settlement visa).

[pink elephant]

Sorry, but just to clarify --

Yes, you can get married while on the VWP, but I wouldn't personally recommend it. If you enter the US on the VWP, and say to the immigration officer upon entry to the US that your reason for coming is to get married, they are going to give you a hard time unless you provide evidence that you're going back, have ties to your home country, etc.

Better to avoid all that and just be honest, I would think.

But at any rate, glad you got it all sorted Jango and Bher, and good luck on your future travel plans.

[mcnab]

Sorry, but just to clarify --

Yes, you can get married while on the VWP, but I wouldn't personally recommend it. If you enter the US on the VWP, and say to the immigration officer upon entry to the US that your reason for coming is to get married, they are going to give you a hard time unless you provide evidence that you're going back, have ties to your home country, etc.

Better to avoid all that and just be honest, I would think.

But at any rate, glad you got it all sorted Jango and Bher, and good luck on your future travel plans.

this is wrong. it is illegal to enter the US with the intention to marry on the VWP.

However, if you are in America on the VWP and then decide to get married when already there, you can apply for change of status, however it would be extremely hard to proove the marriage wasn't your initial plan

I am travelling to the US for the 4th in a year in 2 weeks. I've gone on the VWP every time to see my SO. As long as you are COMPLETELY honest at immigration, it shouldn't be a problem, however it completely depends on the officer assessing you. There are no rules to follow. One officer might deem you can enter whereas another one could deem you can't. Therefore if the one you get is in a bad mood you could be in for a really bad time.

I am fully expected not to be let into the country next time i go. I will have all the possible evidence to show i plan to return, but due to my frequency of visits, i have a strong feeling they will think it's too suspicious and send me on the next flight to England, which will be devestating

[ChibiFelicia]

this is wrong. it is illegal to enter the US with the intention to marry on the VWP.

I'd like to see where you got this information because from what i have researched this is wrong. Anyone can go into the USA on whatever visa and get married. It's the staying part that is illegal. It is perfectly fine (and often done, e.g. destination wedding in the states) to travel to the USA on the ESTA and get married - by law anyway. You will have to provide evidence of returning to your home country.

Just to reiterate, going to the usa via ESTA, getting married to US citizen (or LPR) then going home = OK
Going to USA via ESTA to get married then have intention to AOS (Adjustment of status) as in stay in the US = illegal and will (can) incur a life time ban

[Tooki]

I'd like to see where you got this information because from what i have researched this is wrong. Anyone can go into the USA on whatever visa and get married. It's the staying part that is illegal. It is perfectly fine (and often done, e.g. destination wedding in the states) to travel to the USA on the ESTA and get married - by law anyway. You will have to provide evidence of returning to your home country.

Just to reiterate, going to the usa via ESTA, getting married to US citizen (or LPR) then going home = OK
Going to USA via ESTA to get married then have intention to AOS (Adjustment of status) as in stay in the US = illegal and will (can) incur a life time ban

I thought this was the same process.

From my understanding, it is very much legal to come in on a tourist visa, and get married. BUT it is illegal to overstay whilst your AOS gets approved (which is going to be more than 3 months I presume).

[ChibiFelicia]

I thought this was the same process.

From my understanding, it is very much legal to come in on a tourist visa, and get married. BUT it is illegal to overstay whilst your AOS gets approved (which is going to be more than 3 months I presume).

No it isnt. The difference is the intent. It's illegal if you have the intention to stay in the US if you do not have a immigration visa (e.g K1 - fiance/fiancee or CR1 - spousal, there are other types but i have only looked at these 2). AOSing while on ESTA is illegal if you had the intention to not leave the USA before you entered. If you entered on ESTA and decided on the spur of the moment to get married and AOS - this is legal. Your over stay of the 3 months will be waived and you can stay in the US.

For example,
I entered the USA via ESTA with the intention to get married but not stay. I brought all documents i could to show my strong ties to the UK in case POE wanted to check. After we get married he will start the CR1 spousal petition and i will fly back to the uk. Im going to wait out the 9 months - 12 months to get the immigration visa - Legal

If i entered the USA with the intention to stay when we got married - illegal.

Either way it bugs me that people go to the states on an ESTA then AOS, it works and it means you wont have to leave your spouse and its a much shorter process when compared to CR1. But as i said it's illegal and if they deny you, you will get a life ban from the usa. I personally wouldnt take that chance.

[mcnab]

Yeah it seems i had my wires crossed slightly. I was told by a fellow Brit I met in the states who married, that you can't get married on the VWP. I'm guessing he meant you cant change your status

[Oldblighty]

I travelled over to the states on an Esta, got married two weeks before my visa was up and then returned home. It wasn't my intention to go over and marry so when the officer at homeland security asked me certain questions like are you coming here to stay with your boyfriend & get married I obviously said 'No' And I did have ties here in the U.K so needed to return home. My hubby is now very annoyed because he says that I could have stayed but that was never my intention anyway. I wanted to do this the right way and although the distance is hard I'm sure immigration favour the way we did it rather than me intending on going over, getting married and then adjusting my status. Were now in the intial review stage of the I-130...so the waiting begins..

Oh and I've never liked the way homeland security talk to you. I think it's worse if your travelling alone, they seem to question you more. I got so fed up with being questioned I applied for a redress number from homeland security although it didn't make a difference Lol

[Tooki]

No it isnt. The difference is the intent. It's illegal if you have the intention to stay in the US if you do not have a immigration visa (e.g K1 - fiance/fiancee or CR1 - spousal, there are other types but i have only looked at these 2). AOSing while on ESTA is illegal if you had the intention to not leave the USA before you entered. If you entered on ESTA and decided on the spur of the moment to get married and AOS - this is legal. Your over stay of the 3 months will be waived and you can stay in the US.

For example,
I entered the USA via ESTA with the intention to get married but not stay. I brought all documents i could to show my strong ties to the UK in case POE wanted to check. After we get married he will start the CR1 spousal petition and i will fly back to the uk. Im going to wait out the 9 months - 12 months to get the immigration visa - Legal

If i entered the USA with the intention to stay when we got married - illegal.

Either way it bugs me that people go to the states on an ESTA then AOS, it works and it means you wont have to leave your spouse and its a much shorter process when compared to CR1. But as i said it's illegal and if they deny you, you will get a life ban from the usa. I personally wouldnt take that chance.

That is a joke though. One could easily lie, and then just say that they decided to abruptly get married.

All I was trying to say, was that it's illegal to come in on a tourist visa, then overstay (illegally) whilst the AOS gets processed. It's very much fine to get married, then leave after your tourist visa expires, then re-enter the US once the AOS is processed.

And is it a US thing, in regards to how homeland security acts towards you? I've heard that the Australian customs officers can be bad at times, but the ones that I've had have been nice as to me. And the European officers just don't care and let me through without a fuss.