Fiance enter under VWP, get married, return to home country?

#1
My fiancé and I want to get married in the states and then move in together overseas. I've tried to read USCIS direction but I can't find anything clear on a situation like this. Our intention is not to stay in the US. So, my question is can she come here under the VWP to get married as long as she doesn't stay? And, if we did that, would that present any future issues for applying for the K3 Spouse visa?

If we did the K1 visa then she would be prohibited from leaving the states for six months. Our long-term goal is to move back to the states through the K3 visa.

Has anyone ever done something like this?
 

newacct

Well-Known Member
#2
My fiancé and I want to get married in the states and then move in together overseas. I've tried to read USCIS direction but I can't find anything clear on a situation like this. Our intention is not to stay in the US. So, my question is can she come here under the VWP to get married as long as she doesn't stay?
Yes, it's absolutely fine. Of course, there's no guarantee she will be allowed entry.

And, if we did that, would that present any future issues for applying for the K3 Spouse visa?
Nope; there are no issues. Note that K-3 is obsolete and it's basically impossible to actually get a K-3 visa. You will get a CR-1/IR-1 immigrant visa quickly and the K-3 process, even if you choose to apply for it, will be cancelled.

If we did the K1 visa then she would be prohibited from leaving the states for six months. Our long-term goal is to move back to the states through the K3 visa.
It's not true that "she would be prohibited from leaving the states" -- anyone can leave the US any time. But going through the whole K-1 process just to leave without doing AOS is a big waste of money and time. And if she applies for AOS and leaves while AOS is pending, without getting Advance Parole, AOS will be abandoned, which is an even bigger waste of money and time. The point is there is no point to do K-1 if the purpose is to visit and then leave.
 
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