Are these intended activities legal to do in the USA under the VWP?Multiple visits to USADoes a non-American need an ESTA to leave the USA?Canadian citizen traveling to USA on British Passport using ESTAToo much time in the US? (using VWP)Visa required for marrying an Australian citizen in Australia, when neither party is or intends to be residentCan I travel for an academic visit and tourism on the same VWP?ESTA denied. Can I enter through Canada?US Citizen living abroad, moving some personal/wife's stuff with out her presenceFilling DS-160 for B1 visa as single, but getting married in a weekQuestions about CBP and also UK immigration
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Are these intended activities legal to do in the USA under the VWP?
Multiple visits to USADoes a non-American need an ESTA to leave the USA?Canadian citizen traveling to USA on British Passport using ESTAToo much time in the US? (using VWP)Visa required for marrying an Australian citizen in Australia, when neither party is or intends to be residentCan I travel for an academic visit and tourism on the same VWP?ESTA denied. Can I enter through Canada?US Citizen living abroad, moving some personal/wife's stuff with out her presenceFilling DS-160 for B1 visa as single, but getting married in a weekQuestions about CBP and also UK immigration
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
I'm a British citizen traveling to the USA next month with an ESTA to see my fiancee. I'm traveling there to plan our wedding, talk about a location to get married, and probably finalise a date and a booking with my fiancee (US citizen). This is the primary reason for my trip to the USA. Am I allowed to do this as a tourist? I would like to know for when the CBP officer asks me if this thing is allowed.
Am I allowed to enter the USA, on a separate trip (probably later this year), for the sole purpose of marrying my fiancee, provided I can persuade the CBP officer I intend to leave at the end of my trip? My fiancee and I are moving to the UK next year.
usa esta us-visa-waiver-program uk-citizens weddings
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
add a comment |
I'm a British citizen traveling to the USA next month with an ESTA to see my fiancee. I'm traveling there to plan our wedding, talk about a location to get married, and probably finalise a date and a booking with my fiancee (US citizen). This is the primary reason for my trip to the USA. Am I allowed to do this as a tourist? I would like to know for when the CBP officer asks me if this thing is allowed.
Am I allowed to enter the USA, on a separate trip (probably later this year), for the sole purpose of marrying my fiancee, provided I can persuade the CBP officer I intend to leave at the end of my trip? My fiancee and I are moving to the UK next year.
usa esta us-visa-waiver-program uk-citizens weddings
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56
add a comment |
I'm a British citizen traveling to the USA next month with an ESTA to see my fiancee. I'm traveling there to plan our wedding, talk about a location to get married, and probably finalise a date and a booking with my fiancee (US citizen). This is the primary reason for my trip to the USA. Am I allowed to do this as a tourist? I would like to know for when the CBP officer asks me if this thing is allowed.
Am I allowed to enter the USA, on a separate trip (probably later this year), for the sole purpose of marrying my fiancee, provided I can persuade the CBP officer I intend to leave at the end of my trip? My fiancee and I are moving to the UK next year.
usa esta us-visa-waiver-program uk-citizens weddings
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
I'm a British citizen traveling to the USA next month with an ESTA to see my fiancee. I'm traveling there to plan our wedding, talk about a location to get married, and probably finalise a date and a booking with my fiancee (US citizen). This is the primary reason for my trip to the USA. Am I allowed to do this as a tourist? I would like to know for when the CBP officer asks me if this thing is allowed.
Am I allowed to enter the USA, on a separate trip (probably later this year), for the sole purpose of marrying my fiancee, provided I can persuade the CBP officer I intend to leave at the end of my trip? My fiancee and I are moving to the UK next year.
usa esta us-visa-waiver-program uk-citizens weddings
usa esta us-visa-waiver-program uk-citizens weddings
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
edited Jun 25 at 6:16
V2Blast
1194 bronze badges
1194 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
asked Jun 24 at 13:31
LR837LR837
2853 silver badges8 bronze badges
2853 silver badges8 bronze badges
Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56
add a comment |
Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56
Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56
add a comment |
3 Answers
3
active
oldest
votes
Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:
9 FAM 402.2-4(B)(1) (U) Fiancé(e) of U.S. Citizens or Permanent Resident Aliens
(CT:VISA-778; 05-13-2019)
(U) An alien proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission is classifiable as a K-1 nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(U) Simply to meet the family of his or her fiancé;
(U) To become engaged;
(U) To make arrangements for the wedding; or
(U) To renew a relationship with the prospective spouse.
None of this mentions the Visa Waiver Program, but the VWP is explicitly applicable to travelers who would otherwise be admissible as B visitors. At 8 USC 1187(a)(1), the requirement is stated thus:
(a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program ... under which the requirement [to have a visa] may be waived ... in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
...
The FAM is a document of the Department of State, but the Customs and Border Protection Inspector's Field Manual agrees in section "(2) Classification: B-2 Visitor for pleasure" (page 50):
Special notes:
...
(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
The section on the VWP notes that it applies to "visitors for business or pleasure" on pages 115 and 116.
To overcome a possible skeptical immigration officer at the border, you can bring evidence of your intention to return to the UK, as well as evidence of your fiancee's plans to move there after marrying you. But I would not offer this evidence before it becomes apparent that the immigration officer is questioning your intention to leave the US.
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
|
show 2 more comments
When traveling under the VWP, the activities planned must be permitted under B visa.
VISITOR VISAS
BUSINESS AND PLEASURE
Overview
You are allowed to visit the USA for the reasons you outlined (i.e. marriage) under the VWP program. Unlike the UK which requires a marriage visa for the purpose of marrying, the USA does not have a visa type for that purpose.
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
|
show 3 more comments
Regarding your plan to come back to the US later in the year to get married: Did you already file the paperwork for your K1 visa?
If so, that could raise some warning flags when trying to enter the country. Having a return ticket and other proof of ties to the UK (current lease agreement, job, ...) might be useful.
If you haven't filed the paperwork, getting married this year is a very aggressive timeline. Even if everything goes perfect, you're probably still looking for January or February to be able to enter the US for getting married - March or April is probably more likely.
There is probably a reason why you want to get married in the US before moving to the UK, but getting married in the UK should be the simpler way.
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
add a comment |
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3 Answers
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3 Answers
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Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:
9 FAM 402.2-4(B)(1) (U) Fiancé(e) of U.S. Citizens or Permanent Resident Aliens
(CT:VISA-778; 05-13-2019)
(U) An alien proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission is classifiable as a K-1 nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(U) Simply to meet the family of his or her fiancé;
(U) To become engaged;
(U) To make arrangements for the wedding; or
(U) To renew a relationship with the prospective spouse.
None of this mentions the Visa Waiver Program, but the VWP is explicitly applicable to travelers who would otherwise be admissible as B visitors. At 8 USC 1187(a)(1), the requirement is stated thus:
(a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program ... under which the requirement [to have a visa] may be waived ... in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
...
The FAM is a document of the Department of State, but the Customs and Border Protection Inspector's Field Manual agrees in section "(2) Classification: B-2 Visitor for pleasure" (page 50):
Special notes:
...
(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
The section on the VWP notes that it applies to "visitors for business or pleasure" on pages 115 and 116.
To overcome a possible skeptical immigration officer at the border, you can bring evidence of your intention to return to the UK, as well as evidence of your fiancee's plans to move there after marrying you. But I would not offer this evidence before it becomes apparent that the immigration officer is questioning your intention to leave the US.
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
|
show 2 more comments
Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:
9 FAM 402.2-4(B)(1) (U) Fiancé(e) of U.S. Citizens or Permanent Resident Aliens
(CT:VISA-778; 05-13-2019)
(U) An alien proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission is classifiable as a K-1 nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(U) Simply to meet the family of his or her fiancé;
(U) To become engaged;
(U) To make arrangements for the wedding; or
(U) To renew a relationship with the prospective spouse.
None of this mentions the Visa Waiver Program, but the VWP is explicitly applicable to travelers who would otherwise be admissible as B visitors. At 8 USC 1187(a)(1), the requirement is stated thus:
(a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program ... under which the requirement [to have a visa] may be waived ... in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
...
The FAM is a document of the Department of State, but the Customs and Border Protection Inspector's Field Manual agrees in section "(2) Classification: B-2 Visitor for pleasure" (page 50):
Special notes:
...
(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
The section on the VWP notes that it applies to "visitors for business or pleasure" on pages 115 and 116.
To overcome a possible skeptical immigration officer at the border, you can bring evidence of your intention to return to the UK, as well as evidence of your fiancee's plans to move there after marrying you. But I would not offer this evidence before it becomes apparent that the immigration officer is questioning your intention to leave the US.
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
|
show 2 more comments
Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:
9 FAM 402.2-4(B)(1) (U) Fiancé(e) of U.S. Citizens or Permanent Resident Aliens
(CT:VISA-778; 05-13-2019)
(U) An alien proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission is classifiable as a K-1 nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(U) Simply to meet the family of his or her fiancé;
(U) To become engaged;
(U) To make arrangements for the wedding; or
(U) To renew a relationship with the prospective spouse.
None of this mentions the Visa Waiver Program, but the VWP is explicitly applicable to travelers who would otherwise be admissible as B visitors. At 8 USC 1187(a)(1), the requirement is stated thus:
(a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program ... under which the requirement [to have a visa] may be waived ... in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
...
The FAM is a document of the Department of State, but the Customs and Border Protection Inspector's Field Manual agrees in section "(2) Classification: B-2 Visitor for pleasure" (page 50):
Special notes:
...
(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
The section on the VWP notes that it applies to "visitors for business or pleasure" on pages 115 and 116.
To overcome a possible skeptical immigration officer at the border, you can bring evidence of your intention to return to the UK, as well as evidence of your fiancee's plans to move there after marrying you. But I would not offer this evidence before it becomes apparent that the immigration officer is questioning your intention to leave the US.
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
Yes, all this is fine. Some people have been denied entry to the US when coming to the US even temporarily to marry a US citizen, so you will see advice online (even sometimes from immigration lawyers) saying that you need a fiancee visa for this purpose. But the State Department's Foreign Affairs Manual says that a B-2 visa is appropriate for this purpose:
9 FAM 402.2-4(B)(1) (U) Fiancé(e) of U.S. Citizens or Permanent Resident Aliens
(CT:VISA-778; 05-13-2019)
(U) An alien proceeding to the United States to marry a U.S. citizen petitioner within 90 days of admission is classifiable as a K-1 nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:
(U) Simply to meet the family of his or her fiancé;
(U) To become engaged;
(U) To make arrangements for the wedding; or
(U) To renew a relationship with the prospective spouse.
None of this mentions the Visa Waiver Program, but the VWP is explicitly applicable to travelers who would otherwise be admissible as B visitors. At 8 USC 1187(a)(1), the requirement is stated thus:
(a) Establishment of program The Secretary of Homeland Security and the Secretary of State are authorized to establish a program ... under which the requirement [to have a visa] may be waived ... in the case of an alien who meets the following requirements:
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the program as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) for a period not exceeding 90 days.
...
The FAM is a document of the Department of State, but the Customs and Border Protection Inspector's Field Manual agrees in section "(2) Classification: B-2 Visitor for pleasure" (page 50):
Special notes:
...
(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
The section on the VWP notes that it applies to "visitors for business or pleasure" on pages 115 and 116.
To overcome a possible skeptical immigration officer at the border, you can bring evidence of your intention to return to the UK, as well as evidence of your fiancee's plans to move there after marrying you. But I would not offer this evidence before it becomes apparent that the immigration officer is questioning your intention to leave the US.
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
edited Jun 25 at 19:05
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
answered Jun 24 at 16:19
phoogphoog
83.1k13 gold badges187 silver badges267 bronze badges
83.1k13 gold badges187 silver badges267 bronze badges
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
|
show 2 more comments
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
Oh, I was confused at first but I think I understand now. You are saying that if I was from a country that didn't qualify for the VWP, then I'd need a B2 visa, in which case my planned activities would be acceptable? And since I don't need a visa (such as a B2), the activities I intend to do are therefore authorised on a ESTA?
– LR837
Jun 24 at 23:44
1
1
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
I plan to bring with me proof of my return ticket, some bank statements and proof of my employment in the UK.
– LR837
Jun 24 at 23:45
2
2
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
@LR837 that's essentially it, though to be precise with the terminology, the terms of your admission will be governed by the visa waiver program (VWP), not ESTA (which is an electronic authorization system that was added to the VWP some years ago and which -- so far -- is only required for VWP travelers arriving by air). The VWP is specifically limited to B-class visitors; the "B" in 1101(a)(15)(B) is the same B that gives its name to B-1 and B-2 visas.
– phoog
Jun 25 at 0:38
4
4
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
Attempting entry in to the US to marry a citizen is very risky in the sense that this fact, by itself, regardless of anything else, can be used by an officer to deny entry into the country, regardless of what the law might say. Make sure you have a paper printout of that page in the manual at the least.
– WBT
Jun 25 at 14:13
2
2
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
@WBT Then again, the officer need not give a reason, nor surrender to argumentation
– Hagen von Eitzen
Jun 25 at 14:40
|
show 2 more comments
When traveling under the VWP, the activities planned must be permitted under B visa.
VISITOR VISAS
BUSINESS AND PLEASURE
Overview
You are allowed to visit the USA for the reasons you outlined (i.e. marriage) under the VWP program. Unlike the UK which requires a marriage visa for the purpose of marrying, the USA does not have a visa type for that purpose.
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
|
show 3 more comments
When traveling under the VWP, the activities planned must be permitted under B visa.
VISITOR VISAS
BUSINESS AND PLEASURE
Overview
You are allowed to visit the USA for the reasons you outlined (i.e. marriage) under the VWP program. Unlike the UK which requires a marriage visa for the purpose of marrying, the USA does not have a visa type for that purpose.
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
|
show 3 more comments
When traveling under the VWP, the activities planned must be permitted under B visa.
VISITOR VISAS
BUSINESS AND PLEASURE
Overview
You are allowed to visit the USA for the reasons you outlined (i.e. marriage) under the VWP program. Unlike the UK which requires a marriage visa for the purpose of marrying, the USA does not have a visa type for that purpose.
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
When traveling under the VWP, the activities planned must be permitted under B visa.
VISITOR VISAS
BUSINESS AND PLEASURE
Overview
You are allowed to visit the USA for the reasons you outlined (i.e. marriage) under the VWP program. Unlike the UK which requires a marriage visa for the purpose of marrying, the USA does not have a visa type for that purpose.
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
edited Jun 24 at 16:46
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
answered Jun 24 at 16:05
user 56513user 56513
26.2k6 gold badges73 silver badges131 bronze badges
26.2k6 gold badges73 silver badges131 bronze badges
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
|
show 3 more comments
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
1
1
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
Marriage is not mentioned on the flyer you linked.
– Nate Eldredge
Jun 24 at 16:10
1
1
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
FWIW, phoog's answer above links to laws (policies?) that explicitly allow marriage and making arrangements for the wedding. cc @NateEldredge
– Kevin
Jun 24 at 22:31
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
@Kevin Okay.....✅✅✅
– user 56513
Jun 24 at 23:07
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
The USA does have a visa type for that purpose; it's called K-1.
– WBT
Jun 25 at 14:14
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
@WBT The K-1 is an immigrant visa. Different thing. This gentleman is not intending on migrating. In actual fact, the American fiancee will relocate abroad after marriage. It is totally inapplicable in this case.
– user 56513
Jun 25 at 14:51
|
show 3 more comments
Regarding your plan to come back to the US later in the year to get married: Did you already file the paperwork for your K1 visa?
If so, that could raise some warning flags when trying to enter the country. Having a return ticket and other proof of ties to the UK (current lease agreement, job, ...) might be useful.
If you haven't filed the paperwork, getting married this year is a very aggressive timeline. Even if everything goes perfect, you're probably still looking for January or February to be able to enter the US for getting married - March or April is probably more likely.
There is probably a reason why you want to get married in the US before moving to the UK, but getting married in the UK should be the simpler way.
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
add a comment |
Regarding your plan to come back to the US later in the year to get married: Did you already file the paperwork for your K1 visa?
If so, that could raise some warning flags when trying to enter the country. Having a return ticket and other proof of ties to the UK (current lease agreement, job, ...) might be useful.
If you haven't filed the paperwork, getting married this year is a very aggressive timeline. Even if everything goes perfect, you're probably still looking for January or February to be able to enter the US for getting married - March or April is probably more likely.
There is probably a reason why you want to get married in the US before moving to the UK, but getting married in the UK should be the simpler way.
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
add a comment |
Regarding your plan to come back to the US later in the year to get married: Did you already file the paperwork for your K1 visa?
If so, that could raise some warning flags when trying to enter the country. Having a return ticket and other proof of ties to the UK (current lease agreement, job, ...) might be useful.
If you haven't filed the paperwork, getting married this year is a very aggressive timeline. Even if everything goes perfect, you're probably still looking for January or February to be able to enter the US for getting married - March or April is probably more likely.
There is probably a reason why you want to get married in the US before moving to the UK, but getting married in the UK should be the simpler way.
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
Regarding your plan to come back to the US later in the year to get married: Did you already file the paperwork for your K1 visa?
If so, that could raise some warning flags when trying to enter the country. Having a return ticket and other proof of ties to the UK (current lease agreement, job, ...) might be useful.
If you haven't filed the paperwork, getting married this year is a very aggressive timeline. Even if everything goes perfect, you're probably still looking for January or February to be able to enter the US for getting married - March or April is probably more likely.
There is probably a reason why you want to get married in the US before moving to the UK, but getting married in the UK should be the simpler way.
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
answered Jun 24 at 22:48
jhadenfeldtjhadenfeldt
512 bronze badges
512 bronze badges
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
add a comment |
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
2
2
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
There is no need for a K-1 visa in this case. The couple do not plan to settle in the US but in the UK.
– phoog
Jun 24 at 22:55
1
1
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
I have not applied for a K1 visa since I intend to enter on the VWP to marry my fiancee and then leave.
– LR837
Jun 24 at 23:38
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
Any particular reason you think Jan 2020 or later is "more likely" for a wedding date? While it doesn't sound like the OP is planning on going to the local court house to perform the wedding, simple ceremonies can be planned with 90 days (or less) notice. Or am I completely misinterpreting your statement?
– FreeMan
Jun 25 at 11:54
1
1
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
Yes I believe he was saying Jan 2020 was a more likely date since he believed I was getting married through the K1 process, and not under the VWP and I believe he was saying that if I have not yet begun the K1 process then it's unlikely it won't come through until at least Jan 2020. But all that is irrelevant since it's a question about the VWP, and not the K1. :)
– LR837
Jun 25 at 12:15
add a comment |
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Have you made a decision as to whether you are holding the wedding in the UK versus US?
– Acccumulation
Jun 26 at 16:12
It definitely won't be in the UK since she needs a visa to do that and we'd rather avoid the hassle of it. It'll most likely be in Europe or the USA. As of now, we're leaning towards the USA.
– LR837
Jun 26 at 22:56