US Marriage ESTA
My fiance and I are currently seperated on different sides of the Atlantic thanks to the Covid travel restrictions and we are trying to plan for the future. We want to be married (even if we end up living apart while we apply for a US Spousal Visa so that I can join her in the states).
My question is this; Assuming the currently travel restrictions are lifted; Can I visit my fiance in America on a ESTA/VWP, get married, return to the UK, then apply for a Spousal Visa so that I can join her at a later date?
Is it legal to go to the US on a ESTA/VWP to get married if I have every intention of leaving the States at the end of my holiday?
Best Answer
US immigration is weird.
You are technically allowed to fly to the US on the Visa Waiver Program, get married and fly out. (Visa Waiver Program or VWP is the correct name for what is usually called "coming on an ESTA".)
If you get married to a US citizen while in the US on VWP, then you are allowed to file for 'adjustment of status' to become a resident and to stay in the US while your application is processed.
However you are not allowed to come to the US on VWP with intent to remain by adjusting your status as a result of marriage.
This means your admission to the US depends entirely on your ability to convince US immigration that you will absolutely definitely leave the US after you are married. Given how many people see marriage to a US citizen as a path to residency (to the point where it is a staple of sitcoms) that may be very hard. US immigration is required to presume that you have immigrant intent unless you show them otherwise.
All the usual evidence of ties to your home country will help, starting with being a citizen of a rich European country, and also having a job, a house, a return ticket etc. I have no idea how much evidence will be required to do the convincing.
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Can I get married in the US on an ESTA visa?
If you are a national of one of the Visa Waiver countries, you can apply for ESTA authorization to travel to the without having to secure a visa. Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning).Can you get married on the ESTA?
The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.Can I travel after marrying a US citizen?
Can I leave the United States at all after I get married? After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for \u201cadvance parole,\u201d which gives you permission to travel.Can I stay in America if I marry an American?
A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will then have \u201cpermanent resident\u201d status until they apply for U.S. citizenship, if they choose to do so.Marrying in the USA on ESTA Visa Waiver Program
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