Foreign spouse traveling to US, not to immigrate

[asciiman 0]

Hello,

 

I'm a US citizen and engaged to marry a German woman.  We currently live in Germany together and plan to stay here.  She currently travels to the US a few times a year on an ESTA.  I have a few questions about what would change now that we're engaged or when we get married.

 

1) Would she still visit the US on an ESTA?  Does it matter if we're engaged or married?

2) Is it possible to marry in the United States and then return back to Germany to live?  I am under the impression that the purpose of a K1 visa is to eventually immigrate into the US to live.

[Georgia16 2,858]

Many people travel to the US on ESTA to get married and then return to their home country no problem in that.

 

 

[geowrian 22,338]

1. Yes, she can continue to visit via an ESTA to get married or after being married. However, she should carry her ties to return home in case those are requested. Having a US-based boyfriend or spouse is a tie to the US, so the ties need to overcome that. The past visits are a good sign so I wouldn't anticipate any issues (unless she starts spending too much time in the US that makes it look like she is living or working here).
2. Yes. There is no need for a K-1 if she intends to leave and has/qualifies for an ESTA.

[mindthegap 2,601]

7 hours ago, asciiman said:

1) Would she still visit the US on an ESTA?  

Yes, under the VWP (ESTA is advance screening that verifies that you are eligible to use the VWP)

 

7 hours ago, asciiman said:

 Does it matter if we're engaged or married?

No, although some immigration officials may ask her a few more questions at a POE, namely 'you aren't planning on staying?' or similar.

 

 

7 hours ago, asciiman said:

2) Is it possible to marry in the United States and then return back to Germany to live? 

 

Of course. This is permitted under the VWP.

 

7 hours ago, asciiman said:

 I am under the impression that the purpose of a K1 visa is to eventually immigrate into the US to live.

Correct.

 

 

[HackyMoto 13]

Whenever we visited the US (POE: Detroit) to visit family especially when we were living and working in India, I was forever being asked to show a return flight to Mumbai. I wonder why  ? Not once was I asked when we were flying in from the U.K. 

 

I dont see any any issues for you guys. 

[JFH 12,191]

On 7/9/2017 at 5:54 PM, HackyMoto said:

Whenever we visited the US (POE: Detroit) to visit family especially when we were living and working in India, I was forever being asked to show a return flight to Mumbai. I wonder why  ? Not once was I asked when we were flying in from the U.K. 

 

I dont see any any issues for you guys. 

Because one of the requirements for admission under the VWP is that you are in possession of a return ticket. No return ticket = no VWP entry. B-2 visa holders do not need a return ticket. 

[JFH 12,191]

*~*~*moved from "what visa do I need?" to "tourist visas" as the person in question is just visiting, not immigrating*~*~*