Can my UK fiance marry me in the US under the Visa Waiver Program?

We've been up and down these forums and many other sites as well. We've combed the government websites regarding the VWP. What we want is a definitive answer to the question...

"Can my fiance, a British citizen, come to the USA under the VWP with the intent to marry me, a United States citizen, so long as she intends to return to the UK within the 90 days allowed under the VWP?"

I did find one official US Government website that states that you CAN do this, however, it's the russian US Embassy site.. Here's the link.. http://vladivostok.usconsulate.gov/vwp.html [nofollow]

We are unable to locate any mention on any other US Government websites that answer with a "Yes you can" or "No you can not". In fact, none of the official US Government sites even consider that this might happen. It makes you feel as if they've intentionally left this information out, seeing as how they've covered almost all other bases regarding the VWP.

Does anyone here know something that I don't about this?

 

Hi Jermy-

I am in the same boat as you, and from what I understand/and have found through my clerk of circuit courts here in Florida. Your fiance can come to America and you guys can get married -no problem.

Depending on the State you live in and county regulations you may have a 3 day waiting period (we do here in FL) but all your Fiance needs is a passport and if either of you have been divorced you will need your divorce decree.

Remember to check your local regulations. It is much more cost effective for you to be married in the States and then apply for a UK spousal visa.

Hope this helps.

All the best,

CMG

Thank you, CMG1981. We're leaning toward that conclusion as well.

Does anyone know if the VWP rules listed in the link I posted apply to all VWP users?

in california there is no residential waiting period for foreign nationals. you'll need passports, information of parents birth names (ie see birth certificate) , divorce decree if divorce less than 90 days, otherwise just have the date the divorce was finalized.

The definitive answer to your question is yes you can; many people on this forum have.

Hi,
I am the UK half of this original query and, seeing as the US half is now fast asleep, I'll take over for a little while...
Many thanks to those who have responded so far.  Although we realise that it is possible for me to travel to the US on the VWP and marry in the US, with the full intention of returning to the UK after the marriage, and that as you say, 'many people on this forum have', where is the official information confirming this?
All the information we have so far been able to access clearly states the regulations for couples wishing to marry and settle in the US but nowhere can we find anything officially stating that it is permissible to travel under the VWP with the intention of marrying and returning to the UK.
The last thing we want to face is the nightmare of me landing in the US (possibly with children in tow) only to be turned back at the airport because the IO on duty doesn't agree with my cry of 'but everybody does it!'
With the greatest respect to all those offering advice based on far greater experience than ours, I would feel a lot safer if I could see official confirmation.
Assuming that this is indeed the case, presumably it is correct to state my intention, upon entering the US, of marrying and returning to the UK?  I have seen some posts (on other sites) which suggest that it is better to not mention the fact that you intend to marry in the US but I am also uncomfortable about this.  I can provide documentation of my ongoing work/housing arrangements, along with return tickets, and would prefer to be upfront about everything. 

My husband came to the US on the VWP and we married and he returned to the UK and I followed 6 weeks later when I received my UK Spousal Visa.

When he arrived in the US the Immigration Officer asked him what the purpose of his visit was, he said to get married and then I'm going back to the UK. The officer stamped his passport, said Congratulations and Welcome to the US.

We were married 4 days later and he returned to the UK at the end of that week.

If the IO asks you why you're going to the US and you lie to them, that is VERY BAD. The only thing you'd need is maybe proof of employment and definitely your return ticket.

Ok, thank you, Weby.  That is encouraging.   

1. Don't lie

2. There probably aren't many mentions of it because they can't mention everything they don't have a regulation for. 

I don't think there are any official statements on your right to marry while in the US on the VWP.  It has been done numerous times by members of UKY and countless others who are not on UKY.  I think that's all we can give you. 

When I got married last year, my husband came to the US for 2 weeks; he told the IO at the border that he was here to get married, and then go back to the UK where I would follow once my visa was sorted. He did come with a note from work saying that he was due back the first week of June, along with his return ticket, but he was never asked to produce either--the IO congratulated him and stamped him for 90 days.

Basically, come prepared as if you would if you were only visiting the US (i.e. ties back to the UK, a return ticket), and be honest with the IO.

When he arrived in the US the Immigration Officer asked him what the purpose of his visit was, he said to get married and then I'm going back to the UK. The officer stamped his passport, said Congratulations and Welcome to the US.

When my husband came to the US under the VWP, and he was asked what the purpose of his visit was, my husband said "to visit my girlfriend" (we weren't planning on getting married yet). The entry officer then said, "Ok, because if you're planning on getting married I can't let you in". And that was after they'd searched through his entire luggage and everything was scattered everywhere. I can't blame my husband for not loving the US of A.

My (UK) now-husband came over to the US to get married. He was told by someone at the London US Embassy that he didn't need a US fiance visa because we were planning on settling in the UK - that a tourist visa would be just fine. He did tell the IO that he was just coming to visit friends when he got to the states.

If you are planning on settling in the US - then you'll need to get the US fiance visa.

Lisa

When my husband came to the US under the VWP, and he was asked what the purpose of his visit was, my husband said "to visit my girlfriend" (we weren't planning on getting married yet). The entry officer then said, "Ok, because if you're planning on getting married I can't let you in". And that was after they'd searched through his entire luggage and everything was scattered everywhere. I can't blame my husband for not loving the US of A.

They have done the exact same thing to my fiance everytime he has came to the US. As Daniel says, "Everyone is so nice in the US, except the airport people."

Hi

I moved to the USA to marry my American fiance in 2007 and I had to show my fiance visa in my passport in order to marry. Maybe it's different in each state but here in the south, the waiver programme did not allow marriage.