Marrying my fiance in US while on a ESTA

[lucien1201 0]

Hello everybody.

After some researchs online and especially on that forum. I know some of my questions were answered here but ive came to a point where i have so many questions and that im so stressed that i need to type everything down and i have a fresh and new answer!

My situation is,

I started travelling August of laster year (2013) where i moved from Switzerland under a visa ESTA for 90 days, in the San Francisco Bay Area. After 2 months i met my girlfriend at a concert and we kinda fell in love . Since that day i've been going to canada and once back to Switzerland to cross the border to adjust my legal status so i could come back each time for another 3 months. Everytime at the border i said it was for hollidays and travel only. Never had troubles.

Im actually 23 and my girlfriend is 21

I came back to San Francisco to visit her begining of July 2014. We've been talking about getting married for about 3 months now. We're actually going to move together in the next few days but my ESTA expires September 30th!!! So we wanted to get married before that date. I know we could get married after, while im overstaying but i want to avoid any kind of suspicions, even though i've never came to the USA with the sole purpose of marrying someone and stay!!

Everything is really blurry for me and with the moving we have so much stuff going on and its really stressful, especially when we dont have a lot of time left.

We really want to get married here in America. Her parents are ok and we're probably going to have a wedding in the few weeks or months coming.

I mostly wanted to get opinions about our plan. I love her so much and i love where we're living at the moment and im really worried about a possible fraud, eventhough this is not i want at all!

Im also kind of lost about the steps. I've read some guides here but i still can not find an answer.

Do we have to get married first, then send the forms required? Or is there special steps to follow?

Help would be greatly appreciated.

Thanks for reading me and sorry if i made a few mistakes. Let me know if you don't understand something and i'll be glad to correct it

Cheers !!

[Anna Grant 169]

Since that day i've been going to canada and once back to Switzerland to cross the border to adjust my legal status so i could come back each time for another 3 months. Everytime at the border i said it was for hollidays and travel only. Never had troubles.

Just to clarify, did you go to Canada before your 90 days of ESTA were up and return to the US hoping that would 'reset' your ESTA? If so, it doesn't reset if you visit a country contiguous with the US or the Caribbean.

https://help.cbp.gov/app/answers/detail/a_id/194/~/visa-waiver-program---eligible-countries

While in the U.S., you may go to Canada, Mexico and the Caribbean and Adjacent Islands and re-enter the U.S. using the I-94 admission notation you were issued on your VWP passport when you first arrived in the U.S., although the time you spend there is included in the 90 days allotted for your visit.

[christeen 966]

You can marry anytime you wish... Now are you thinking of marrying and staying to adjust status here in the USA ? If s,then you can read up on AOS....

[Sandra G. 5,075]

A big problem here is that you misrepresented your entry, because every time at the border you said you were coming for tourism, not to visit your girlfriend,when in reality you were entering to visit her. Getting married in less than 60 days of your entry is a big NO NO. People get married here all the time ,even being out of status etc... but you can have some problems here, first because you "lied and/or omitted to the POE about your real intent every time you entered,second getting married in less than 60 days is not considered "a spur of the moment your decision:, but as you said, you were talking/discussing for a while about getting married.

Edited August 25, 2014 by sandranj

[lucien1201 0]

Just to clarify, did you go to Canada before your 90 days of ESTA were up and return to the US hoping that would 'reset' your ESTA? If so, it doesn't reset if you visit a country contiguous with the US or the Caribbean.

https://help.cbp.gov/app/answers/detail/a_id/194/~/visa-waiver-program---eligible-countries

While in the U.S., you may go to Canada, Mexico and the Caribbean and Adjacent Islands and re-enter the U.S. using the I-94 admission notation you were issued on your VWP passport when you first arrived in the U.S., although the time you spend there is included in the 90 days allotted for your visit.

Thanks for all your answer. I crossed the border each time around a week before the 90 days end. And everytime i planned on going back to America i did another ESTA and payed the 14$ fee. My travel agencies told me to do it everytime i come to America but it turned out that it's available for 2 years so i dont really know. Im also super stressed abour the answer from sandraj now lol.

You can marry anytime you wish... Now are you thinking of marrying and staying to adjust status here in the USA ? If s,then you can read up on AOS....

Yes im playying to get married and then stay here

[lucien1201 0]

I aslo have another question.

What if i had a job here (illegally i suppose) while im overstaying, to pay my rent with my girlfriend and wanted to get married,wouldn't it be an issue at the interview if they ask me with what money i pay my rent and how i overstayed?

[Anna Grant 169]

I aslo have another question.

What if i had a job here (illegally i suppose) while im overstaying, to pay my rent with my girlfriend and wanted to get married,wouldn't it be an issue at the interview if they ask me with what money i pay my rent and how i overstayed?

Please don't consider working illegally. You are already in a slightly dodgy situation. Don't exacerbate that situation by working illegally.

[lucien1201 0]

Please don't consider working illegally. You are already in a slightly dodgy situation. Don't exacerbate that situation by working illegally.

I won't cause i have enough saving + my girlfriend's parents will be paying our rent. But will i have to show them my credit record or banking accounts etc? Thats what i was wondering.

Edited August 25, 2014 by lucien1201

[christeen 966]

You do not have to show financials... Your USC wife will... But do not put even more red flags on your situation by working illegially....