Q: Can I enter the US on a Visa Waiver Program, marry in the US and leave after 90 days and have my spouse file for CR-1?

A: Entering the U.S. on the Visa Waiver Program (VWP) with the intent to marry and then leave within the 90-day period is generally permissible, as long as you genuinely intend to leave the country within the allowed timeframe. After leaving, your U.S. citizen spouse can indeed file for a CR-1 visa (spouse visa) on your behalf. This process is a common route for couples in your situation.

It is crucial, however, to be clear about your intentions when entering the U.S. under the VWP. If you enter with the intent to stay permanently, it could be considered fraudulent. The key is that you must abide by the terms of the VWP, which include leaving the U.S. within 90 days.

Your plan to marry in the U.S. and then leave before initiating the CR-1 process shows a respect for the legal process and an understanding of the immigration rules. This is a good approach to ensure compliance with U.S. immigration laws.

If you decide to marry in Denmark instead, this would not impact your eligibility for a CR-1 visa. The location of the marriage does not typically affect the CR-1 visa process, as long as the marriage is legally recognized in the country where it occurred.

In either case, it's recommended to keep thorough documentation of your relationship and marriage, as this will be important for the CR-1 visa application process. Remember, every case is unique, so it’s a good idea to consult with an immigration attorney for personalized advice. They can provide guidance specific to your situation and help navigate the visa process effectively.