I got engaged while on an ESTA visa [closed]

Alright, in the event of me and my boyfriend (he is a US citizen) getting married before the 90 days from my ESTA visa expiring, and if we apply for a change of status, can I stay in the us while the paperwork is being analysed? Or am I required to leave? If so, is there another visa i could get temporarily?

We got engaged during my visit, and the goal is to stay together but it came as a surprise and after two years of visits and long distance (he lived in Sweden, me in Portugal) we're honestly tired of being apart for long periods of time and ready to settle down.

Best Answer

Knowing someone who did exactly this in the US very recently, I can say that it is possible to change your status once you are married without having to leave. However the law around it is not clear or simple and you should absolutely definitely talk to an immigration lawyer before attempting this. It's very easy to do something, or fail to do something, that would mean you didn't qualify and were overstaying your VWP limits, causing you lots of problems in the future.

My understanding is that you not only need to be married, but also to have filed the paperwork for the status change, before your VWP period expires. But your lawyer will know, so listen to them not me.

Do not ask a city hall official. There is no reason why they would know immigration law.

Pictures about "I got engaged while on an ESTA visa [closed]"

I got engaged while on an ESTA visa [closed] - Man Holding His Arms Around His Fiancee

I got engaged while on an ESTA visa [closed] - Person Holding Flowers

I got engaged while on an ESTA visa [closed] - Shallow Focus Photo of Man and Woman Kissing

Can you stay in the US if you get engaged?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fianc\xe9(e). Filing instructions and forms are available on our Web site at www. uscis.

What happens if you marry on ESTA?

If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application. Denial of the application may result in the initiation of deportation or removal proceedings.

What happens if you get married while on a tourist visa?

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.

So, can a U.S. citizen file a K-1 fiance(e) visa petition while the foreign national fiance(e) is still in the United States? Yes, generally speaking, the K-1 visa application can be filed by the U.S. citizen while the foreign national fiance(e) is in the United States on a visit.

The TRUTH about adjusting status after coming to USA with ESTA or tourist visa - Don’t buy the hype!

More answers regarding i got engaged while on an ESTA visa [closed]

Answer 2

After the marriage, you would be in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen). Immediate Relatives are eligible for Adjustment of Status in the US even if they entered on the Visa Waiver Program (whereas other categories cannot do AOS from VWP). So yes, you can stay and apply for Adjustment of Status. If you do Adjustment of Status, you cannot leave the US until you get your green card or an Advance Parole, or you will automatically abandon your AOS. The only issue with AOS from VWP is that people who entered on VWP waived any right to a hearing before being deported (except when claiming asylum), so in the unlikely case where the AOS is denied in error, you don't get to challenge the denial in removal proceedings.

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: J carter, Вадим Биць, Julia Avamotive, Scott Webb