Getting married on ESTA, go back to home country, apply for i-130

[Mark1990 0]

Hi, I will go to the US in March 2018, and until now I didn't think I was going to get married in this visit to my American fiancee.

I can visit the US with an ESTA, and I was wondering whether it is possible to get married, then come back to Europe, and start the procedure to obtain a green card while I am in my home country.

I am not planning to move permanently to the USA until at least October 2018.

If I knew earlier we were getting married, I would have applied for a K-1 Visa, but now I don't have enough time.

I know it can be a problem to obtain the adjustment of status if I go with an ESTA and I get married without declaring it at the custom, but that's in case I permanently stay in the US?

What if I don't plan to permanently stay in that occasion? 

Will I have problem in obtaining the green card later? I believe in this case it is not considered an adjustment. 

Should I say I want to get married at the custom?

 

Thanks a lot in advance

[Suss&Camm 2,213]

It's perfectly legal to marry while in the U.S. on ESTA. What is not legal is to plan to stay and apply for AOS after that marriage - that is when you are supposed to use the K1 visa. It is specifically for that purpose. 

[aleful 1,905]

hi

 

as long as you don't stay and adjust status in the US, there is no problem in getting married. you need to leave. the process will take around or more than a year

[little immigrant 801]

Hi I traveled to the States with ESTA, got married and flew back. Filed I-130 and came here as an LPR. 

[EandH0904 1,184]

56 minutes ago, Mark1990 said:

 

I am not planning to move permanently to the USA until at least October 2018.

 

Just be aware the spouse visa takes 12-14 months so even if you married today you'd likely not be able to stay in October 2018.

 

[NikLR 13,227]

~~moved to what visa do i need from k1 progress reports~~

[Mark1990 0]

When you arrive to the US on ESTA, should I say I will get married?

I am planning to go back, but of course they may think I will want to stay, and I would not want complication to simply enter the country for a couple weeks as tourist.

On the other hand,  when I will request a green card, I would not want them to impugn the fact I did not declare I was going to get married when I traveled to the US.

[NikLR 13,227]

On 11/13/2017 at 12:57 AM, Mark1990 said:

When you arrive to the US on ESTA, should I say I will get married?

I am planning to go back, but of course they may think I will want to stay, and I would not want complication to simply enter the country for a couple weeks as tourist.

On the other hand,  when I will request a green card, I would not want them to impugn the fact I did not declare I was going to get married when I traveled to the US.

If they ask the purpose of your visit, say I'm visiting my fiance.  If you want to share that you're getting married then do it.  It's not a crime to get married in the USA!  Have all your items showing you are returning to the UK ready (like a letter from an employer, a lease, etc...) and even a print out of your itinerary for your return flight home.   Just be truthful and make it obvious you will be returning to the UK because you're a responsible adult who has adult responsibilities.