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Discussion Starter #1
Hello. I am a british man currently dating a thiefing, constipated single mother with emotional problems from Michigan. She is amazing. And possibly pregnant, hence the question.

We want to get married next time I'm there then apply for the CR1 visa when i get home. But on a tourist visa waiver, will they give me problems when I try enter and say I'm getting married? I'm hearing alllll kinds of mixed messages. Is a return ticket proof i intend to return? I know it's important not give them a dose of b.s as it'll backfire when i go for my greencard.
Now, on top of the above, would I be better off just going to canada, lying to them about just visiting niagra falls, and getting married there? Would lying to canada immigration matter?

Any help would be most appreciated,

Ian
 

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Congratulations on your pending nuptuals. I think.

There should not be any unique difficulty entering the United States in the situation you describe. You must exit within the 90 day stay limit, as you already know.
 

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Do not enter as a tourist and say you are getting married. Your girlfriend has to apply for a fiancee visa if you want to do it that way.

After you got married, is there a possibility that you can move to the US? As your girlfriend is having kids already, she will need a decent income in order to sponsor you. Or does she have relatives who are willing to commit to be financially responsible for you for the next 10 years or until you decide to become a citizen?
 

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Discussion Starter #4
are you sure man? I've heard if you can prove you intend to leave in the 90 days, then you are fine to marry.
I didnt want to do te fiancee visa cause I don't want to be sat around whilst i wait for AOS.
Should I just goto Canada instead and marry her there? Then apply for CR1?
Is there anything wrong with that?

Thank you both for your replies so far.

#ImmigrantsStickTogether
 

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Discussion Starter #6
thank you twostep.
so should I just be honest with immigration and tell them i intend to get married?

I was also going to a letter from my employer to prove i intend to go back as well as a non-refundable return ticket.
 

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thank you twostep.
so should I just be honest with immigration and tell them i intend to get married?

I was also going to a letter from my employer to prove i intend to go back as well as a non-refundable return ticket.
State that and your chance of being denied is increased

follow the rules and it will go well (if she earns enough to sponsor)
 

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Discussion Starter #8 (Edited)
thanks a lot. But if I lie to them, then it will backfire on me when I apply for the greencard. Seems to be a bit of a grey area from what I've read so far. This is why we suggested going to canada, telling them I'm just visiting then marrying there. Does it matter if I lie to Canadian immigration? I think we will speak to a lawyer before I go.
Yes she earns easily enough to sponsor me.
 

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Far safer and quicker to go the fiancée visa route

For a fiancee visa
K1 Fiance Visa Process Flowchart and Timeline

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support
currently $19912 for a 2 person household
 

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Davis1, where are you getting your information? There is absolutely no prohibition on getting married in the United States while visiting on an ESTA (Visa Waiver Program) or on a B1/B2, for that matter. The United States is a major wedding destination for tourists, perfectly legally and commonly. (Somewhere in my files I've even got a recent letter from the U.S. Department of State confirming that, and they know something about U.S. visas!)

Do not lie to CBP. Enjoy your trip (and wedding), Dilf. By the way, your bride-to-be also has the option to the visit Europe -- Denmark works well -- and get married there as you both prefer.
 

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Technically, yes, you can get married to a US citizen while visiting the US as a tourist and return back to your home country. But only if it is 'in the spur of the moment'. When you enter the country with the clear intention of getting married, you are not a tourist anymore. There is a specific visa for this purpose, and safest is to use it. (or to enter the country without the intention to get married)
If you still want to enter the country without the appropriate visa for marriage, make sure you have lots of proof with you that will convince Immigration that you are returning to your home country. Certainly if your girlfriend is pregnant! (a big reason to stay!!!). Make sure you take proof of you having a permanent contract and having to return to your job/proof of you owning a house and maybe a mortgage or worst case a lease agreement. And be aware that, if you can't convince the immigration people of your intent to return home, you are denied access to the US and will never be allowed to travel to the US on ESTA.

If your relationship is important for you, and your girlfriend earns enough money to sponsor you (including the kids she already has + the one on its way), why not do it the safest way?
 

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Enter the U.S. on a tourist visa, get married and return to your home country:
Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but with the intention of going back to the home country after the marriage.’ 

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.
Can I Get Married On a Tourist Visa to a US Citizen? - VisaPro Immigration Articles


If You Want to Simply Get Married and Then Return Home
Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay. But that doesn't mean this is a risk-free strategy. If you haven't yet applied for the visa, you may have an uphill battle convincing the officer at the U.S. consulate that all you want to do is get married and then leave. Too many people before you have used visitor visas as a way of entering the U.S., getting married, and then applying for adjustment of status (a green card), to avoid the longer process of applying for a fiance or marriage-based visa from overseas.
And then, even after you obtain a visitor visa, the border official who greets you upon U.S. entry may not believe your intentions, and may exercise "expedited removal" powers to deny you entry and send you home. That would put an order of removal on your record, preventing your return to the U.S. for several years.
Given these risks, the safest bet is to obtain a fiance visa (K-1) for travel to the United States. It takes longer, but your entry will be easier -- and if you change your mind and decide to settle in the U.S. after the marriage, you will have the legal right to apply for adjustment of status.
Can You Get Married on a U.S. Visitor Visa? - AllLaw.com

There are two problems with this idea. First, if you pose as a tourist (whether with a visa or on the VWP) with the secret intention of staying in the United States for an indefinite time, you will have committed visa fraud. Visitor visas, or indeed any temporary visas, are for people who intend to stay temporarily -- and then leave. They are not for people who plan to marry and live happily ever after in the United States. If U.S. Citizenship and Immigration Services (USCIS, formerly called “INS”) chooses to make an issue of it, your misuse of a tourist visa could lead to your losing the right to obtain a marriage-based green card and most other types of U.S. visas.
Risks of Entering the U.S. as a Tourist, Then Applying for Marriage-Based Green Card | Nolo.com
 

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Discussion Starter #13
Thanks to everyone for replying, I appreciate you taking the time out.
The problem with the k1 visa is that after the marriage, there's a 3 month waiting in USA for AOS. And with a baby on the way, I really need to be in England working.

Perhaps instead of me going over there in August, she will come here instead and we will marry then apply for cr1 visa.

I understand the point about pregnancy and I'd thought of that also. If there is any possibility that they could turn me away at the airport, then I don't want to risk it at all.

But does anyone know about marrying in Canada? She lives a few minutes from the border. Couldn't we just meet in Toronto and marry? I couldn't find any information about that anywhere.
 

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If there is any possibility that they could turn me away at the airport, then I don't want to risk it at all.
If you are a foreigner, there is always the possibility you can be denied entry. Foreigners have no legal right of entry, period. Canada if you're not Canadian, the U.S. if you're not American, Egypt if you're not Egyptian... that fact is fact.

But does anyone know about marrying in Canada? She lives a few minutes from the border. Couldn't we just meet in Toronto and marry?
Assuming you can both clear the paperwork hurdles to get married there (or anywhere else), sure.
 

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A word of caution - she can't just arrive on a tourist visa in the UK and marry you - it's far more complicated than in the US. You'd need to obtain a "marriage visa" - it's expensive, it's time-consuming and document-intensive, and there are some fairly rigorous financial obligations.

I think you may be over-thinking things. You have a girlfriend in the US whom you've no doubt visited before, and you're coming over on an ESTA to visit again. You have proof of stong ties to your home country (job, home, etc.). You've no doubt left on a timely basis after your prior visits. So this is just another trip, except that you've decided to marry while you're here - although if no one specifically asks, why would you volunteer that? You're here for a visit and you're returning home afterwards.

But if specifically asked, you tell the truth: you're planning to get married and return home to apply for an appropriate visa (for whichever one of you is moving to the other's country). This isn't how either of you'd planned things, but she happens to be pregnant, and you'd like to tie the knot before the baby is born. You need to be back in the UK to provide for your new family and there's no reason you'd overstay.

The "spur of the moment" thing that someone mentioned applies when a person arrives in the US on a tourist visa, marries, and then seeks to change status (AOS) without ever going home - if you did that, it'd be fraudulent, because you knew in advance you were intending to marry. But it's not applicable to you, since you intend to return to the UK and proceed with visa arrangements thereafter.

Maybe I'm old-fashioned, or naive about the curiosity level of immigration officers, but if you look like a guy coming in for a routine visit to his girlfriend (with no issues on your departures on prior ESTA visits), how much scrutiny do you get? And if you say - only if asked - "Yeah, oops, she got knocked up and I'm gonna do the right thing and then head home to provide for them until we can sort out visas"... well, I mean, really, isn't that more of a plus than a minus?

I defer to the regulars here who know better, but I think if you have a clear conscience, a calm demeanor, and adequate proof of your home-country ties, no one is going to single you out for a hard time. (Although it can't hurt wear something better than scruffy jeans and a vintage t-shirt, and make a point of being generally well-groomed - and yeah, I know that's superficial...).

Good luck!
 

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My husband is British and he came to the states on an ESTA to marry me. We of course had planned the wedding over a course of a year. We did have to look into that specific state laws on getting married in the state we choose but it wasn't hard. He just came over, told IO he was there to get married, honeymoon, and then leave and that exactly what happened. We could have gotten married at any time but I wanted a nice planned wedding but neither of us had to have a special visa just t get married only his ESTA to come over.
 

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Discussion Starter #17
My husband is British and he came to the states on an ESTA to marry me. We of course had planned the wedding over a course of a year. We did have to look into that specific state laws on getting married in the state we choose but it wasn't hard. He just came over, told IO he was there to get married, honeymoon, and then leave and that exactly what happened. We could have gotten married at any time but I wanted a nice planned wedding but neither of us had to have a special visa just t get married only his ESTA to come over.
Thanks you all. Youve been really helpful.

DDang. Did your hubby need any paperwork from his employer or show them anything to prove he was going back to the UK? Also, can i ask - how long was he in the country before the marriage?
 

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Technically, yes, you can get married to a US citizen while visiting the US as a tourist and return back to your home country. But only if it is 'in the spur of the moment'. When you enter the country with the clear intention of getting married, you are not a tourist anymore. There is a specific visa for this purpose, and safest is to use it. (or to enter the country without the intention to get married)
If you still want to enter the country without the appropriate visa for marriage, make sure you have lots of proof with you that will convince Immigration that you are returning to your home country. Certainly if your girlfriend is pregnant! (a big reason to stay!!!). Make sure you take proof of you having a permanent contract and having to return to your job/proof of you owning a house and maybe a mortgage or worst case a lease agreement. And be aware that, if you can't convince the immigration people of your intent to return home, you are denied access to the US and will never be allowed to travel to the US on ESTA.

If your relationship is important for you, and your girlfriend earns enough money to sponsor you (including the kids she already has + the one on its way), why not do it the safest way?
OP is not talking about AoS based on spontaneous marriage but CR1.

101 ways of Affidavit of Support have been explained in detail in just about every owe thread here.
 

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Thanks you all. Youve been really helpful. DDang. Did your hubby need any paperwork from his employer or show them anything to prove he was going back to the UK? Also, can i ask - how long was he in the country before the marriage?

No, he didn't have any paperwork but he did have his family flying in with him. I don't know if that made a difference.

He had actually been in the country quite a bit that year. He stayed from Dec to Feb and then came back for 2 weeks in April and then back for 3 weeks in June. We got married while he was in there in June. He came in about 5 days before the wedding. We thought he would have trouble coming in for the wedding as he had been in the country a lot but he didn't have any problems.
 

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Discussion Starter #20 (Edited)
thnks Ddang.

I decided I'm just going to go on the visa waiver and tell them I'm getting married, and bring a ton of evidence
that I'm going back - I'll make sure my return ticket is non refundable, employer letter, bank statements, direct debits. Perhaps even get a letter from my girlfriends lawyer to show I've done my research about CR1 visas and applying for it.
 
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