Marrying on an ESTA or tourist visa

[Beyondthepond 0]

Hello, 

 

I am 27 years old from England, i have never been married before. A year ago i met my girlfriend who is a US citizen, a month ago i proposed, and she said yes!

 

Last year i spent around 6 months in the USA on an ESTA, i entered and exited the us a couple of times as we were travelling a lot and meeting family.

 

She is currently with me in the UK and we want to get married ASAP, we are thinking of marrying in the US in June.

 

1.) Can I get married on an ESTA? Can i tell the official at my point of entry that i plan to marry in the 3 months i am there for? 

2.) Can i get married on a tourist visa which i have to apply for at the us Embassy in London? This option would be ideal so i do not have to leave the us after 3 months and instead will have 6 months to have a "honeymoon" i would then be looking to adjust my status outside of the USA.

 

Any help would be greatly appreciated as we are not really sure of our options. 

 

Thank you in advance

[dentsflogged 352]

11 minutes ago, Beyondthepond said:

Hello, 

 

I am 27 years old from England, i have never been married before. A year ago i met my girlfriend who is a US citizen, a month ago i proposed, and she said yes!

 

Last year i spent around 6 months in the USA on an ESTA, i entered and exited the us a couple of times as we were travelling a lot and meeting family.

 

She is currently with me in the UK and we want to get married ASAP, we are thinking of marrying in the US in June.

 

1.) Can I get married on an ESTA? Can i tell the official at my point of entry that i plan to marry in the 3 months i am there for? 

2.) Can i get married on a tourist visa which i have to apply for at the us Embassy in London? This option would be ideal so i do not have to leave the us after 3 months and instead will have 6 months to have a "honeymoon" i would then be looking to adjust my status outside of the USA.

 

Any help would be greatly appreciated as we are not really sure of our options. 

 

Thank you in advance

 

1. Technically you can.  Be prepared to show reams of evidence that you're planning on leaving the country, because if you don't have iron clad ties to the UK, there's a better-than-good chance that you'll be denied entry.

 

2. Again, technically you can.  But see above for the "prove you're gonna leave" point.

 

How can you afford to spend so much time outside of the UK?  If you don't have a job, that'll be strike one against you for proof of ties to the country.

 

[Khallaf 650]

10 minutes ago, Beyondthepond said:

Hello, 

 

I am 27 years old from England, i have never been married before. A year ago i met my girlfriend who is a US citizen, a month ago i proposed, and she said yes!

 

Last year i spent around 6 months in the USA on an ESTA, i entered and exited the us a couple of times as we were travelling a lot and meeting family.

 

She is currently with me in the UK and we want to get married ASAP, we are thinking of marrying in the US in June.

 

1.) Can I get married on an ESTA? Can i tell the official at my point of entry that i plan to marry in the 3 months i am there for? 

2.) Can i get married on a tourist visa which i have to apply for at the us Embassy in London? This option would be ideal so i do not have to leave the us after 3 months and instead will have 6 months to have a "honeymoon" i would then be looking to adjust my status outside of the USA.

 

Any help would be greatly appreciated as we are not really sure of our options. 

 

Thank you in advance

first and for-most you want to always be up front and honest when it comes to CBP, if they know you have an intent to marry in USA they very well could deny entry, as many have come on ESTA or tourist visa gotten married for the purpose of adjusting status, which as I am sure you are aware of is considered immigration fraud.

 

there are 2 options if you want to marry in USA,

 

1. Fill out the fiance visa application I-129F and wait for approval get into USA and marry 

 

or

 

2. get married in UK apply DCF for I-130 and come into the USA, and have a renewing of vows if you want to have her family attend

 

both of these processes can take anywhere from 8-14 months in total.

[EandH0904 1,184]

38 minutes ago, Khallaf said:

 

2. get married in UK apply DCF for I-130 and come into the USA, and have a renewing of vows if you want to have her family attend

DCF takes 3-4 months but both people must have residency in UK. 

 

What will you do after getting married? Do and file papers for a CR1? (Which takes 12-14+ minths) You can't stay in US and live on your esta,  or on a tourist visa. Staying here, not working and being w her for 6 months certainly sounds like living.  A tourist visa is for being a tourist. 

 

If you come and marry here, as others said, have ample ties to return hime maybe after 6 weeks not 6 months, then file cr1 and wait it out

 

Many if us can hardly visit our spouses during this process. If you have ESTA, use it wisely or it will disappear. 

[Boiler 45,932]

1. Yes

 

2. Well first you would need to get a B which may not happen. so let us know how that goes as it may impact 1.

[WeGuyGal 1,052]

Tourist visa for ESTA-eligible applicant is next to no chance.  Don't go for a B2; high chance of a denial, in turn leads to ESTA being no longer available. 

[az2014 381]

Marry on VWP then go back home.

 

When asked purpose of visit that is your answer.

[JFH 12,191]

On 2/23/2018 at 3:47 AM, Khallaf said:

 

 

 

 

 

2. get married in UK apply DCF for I-130 and come into the USA, and have a renewing of vows if you want to have her family attend

 

both of these processes can take anywhere from 8-14 months in total.

For spousal visas you can get married anywhere in the world, doesn’t have to be your homeland. There is often a misconception on this board that you have to be married outside the USA for a spousal visa. The marriage can take place anywhere. It just needs to be legal in the place where it happened.

 

DCF in London takes around 4 months.

 

But the OP needs to be mindful of the amount of time being spent in the USA - already he is probably a borderline case for having to file a tax return due to physical presence. The VWP is for visiting, not living in the USA in 90-day installments with short trips out of the country. 

 

OP,  you can try for a B-2 - it’s your money after all - but your ties to the UK sound weak, at best, and I don’t think any consular Officer is going to agree with you that you need a 3-month honeymoon after a 90-day visit already. 

 

By the way, you won’t be applying to adjust your status when you come back to the UK, you will be applying for a spousal visa. Terminology is key - say the wrong thing to a CBP officer and you’ll be on the next plane to Heathrow before you know it.  

[Boiler 45,932]

Maybe he a trustafarian and does not need to work?

 

I agree the tax issues could get complicated and he needs competent advice in that area.

Edited February 25, 2018 by Boiler

[payxibka 10,047]

On 2/23/2018 at 5:47 AM, Khallaf said:

first and for-most you want to always be up front and honest when it comes to CBP, if they know you have an intent to marry in USA they very well could deny entry

 

It is NOT the intent to marry in the USA that would get you denied at the port.    A common misconception that if you announce that you are getting married in the USA it almost guarantees denial of entry.  I think destination wedding venues such as Las Vegas or Hawaii would be pissed ....