Is it possible to come into the US on an tourist ESTA VISA, get married, and stay?

[Rorysmith 0]

My boyfriend and I have been together for almost two years, he's visited me in Europe where we have travelled a lot, and I have stayed with him many times too.... He proposed to me on thus trip in the US and we are now wondering about the best way going forward. Basically what we want to know is, can we get married on an ESTA visa? Can I remain in the U.S during this status of adjustment? Do you think it would be best that I proceed with an immigration lawyer? I am a British Citizen - I don't know if that makes a difference, does it? What is the best way going forward? Any advice would be incredibly helpful.

 

Kind Regards! 

[Mollie09 1,543]

Congrats on the engagement!

You should look into a K-1 visa to get married in the US and adjust status, or the CR-1 visa for after you marry.

You cannot come on ESTA and stay, that's immigration fraud. You can come on ESTA for 90 days and leave, but entry is at the discretion of CBP.

 

Check out the guides on the top.

[Lil bear 4,189]

40 minutes ago, Rorysmith said:

My boyfriend and I have been together for almost two years, he's visited me in Europe where we have travelled a lot, and I have stayed with him many times too.... He proposed to me on thus trip in the US and we are now wondering about the best way going forward. Basically what we want to know is, can we get married on an ESTA visa? Can I remain in the U.S during this status of adjustment? Do you think it would be best that I proceed with an immigration lawyer? I am a British Citizen - I don't know if that makes a difference, does it? What is the best way going forward? Any advice would be incredibly helpful.

 

Kind Regards! 

If you entered with no intent to stay .. and then your circumstances changed .. you can marry now and apply to Adjust your status to a permanent resident based on marriage to a USC. some significant implications are that you cannot return to the US if you leave before you get travel documents I131 and work Authorization ...  both take 4 to 6 months .. you probably won’t be able  to get a drivers licence until then .. so f you can afford to put your UK affairs on hold for 6 months .. have zero income and little independence .. then it might

be the way  you choose   

[Rorysmith 0]

See these are two very different responses which makes this all a bit ambiguous to me. We are both patient. I can afford to stay in the states for up to six months with out work, driving, or leaving the country. I just really want to know, if I can apply for a status of adjustment after getting married in the states - without having to leave. Is this legal? Could I get deported? I didnt come on a visa with the intent to get married or stay, it just unfolded that way.

 

[D-R-J 192]

If you came here without immigration intent and your circumstances changed and you decided to get married you can adjust status here. Look at the directions on how to adjust status from USCIS: https://www.uscis.gov/greencard/adjustment-of-status

 

 

[Mollie09 1,543]

25 minutes ago, Rorysmith said:

See these are two very different responses which makes this all a bit ambiguous to me. We are both patient. I can afford to stay in the states for up to six months with out work, driving, or leaving the country. I just really want to know, if I can apply for a status of adjustment after getting married in the states - without having to leave. Is this legal? Could I get deported? I didnt come on a visa with the intent to get married or stay, it just unfolded that way.

 

To clarify, I agree with @Lil bear that if you entered without intent and are still in the US you are eligible for AOS. I misunderstood where you were at first.

But note you won't be able to drive or work until you get EAD, or travel internationally until you get AP or the green card. It can take longer than 6 months to get those at this point.

AOSing is not illegal, and after you file you are in a period of authorized stay.

[Rorysmith 0]

Perfect! Thank you so much for taking the time to respond, this has been a huge help! I just want to ask one more thing. Do you think that I should get in contact with an immigration lawyer or someone of the sort proceeding into this? 

I just want to make sure I get my ducks in order. 

Thanks again for all your help! 

 

[Mollie09 1,543]

3 minutes ago, Rorysmith said:

Perfect! Thank you so much for taking the time to respond, this has been a huge help! I just want to ask one more thing. Do you think that I should get in contact with an immigration lawyer or someone of the sort proceeding into this? 

I just want to make sure I get my ducks in order. 

Thanks again for all your help! 

 

If your case is straightforward (no illegal entry, no criminal history, or other complicating factors) I would try looking at the guides on this site and the forms and trying to piece it together yourself - it's not hard, but it takes understanding the process really well to avoid the common pitfalls.

 

That being said, I used a lawyer for my AOS because we just didn't have the time to piece the evidence together and make sure all our ducks were in a row. I also have anxiety and it really helped to have someone with tons of experience say it was going to be ok. So it's really up to you!

[Just Paul 4,595]

2 hours ago, Rorysmith said:

I can afford to stay in the states for up to six months

Esta is only good for 90 days.  You should always be careful to spend at least more time out of the US then in the US.

[geowrian 22,337]

If you are already in the US, you can AOS. If you are outside the US, you cannot come to the US with intent to stay/AOS. I hope that clarifies the above responses.

 

Be aware that a denied I-485 (AOS application) cannot be appealed and you waived your right to contest removal by virtue of using the VWP to enter the US. So be sure you include all required documents in your filing, and respond to any RFEs/RFIEs within the timeframe provided for them.

[Ontarkie 14,218]

~~Thread moved to AOS from Work, Student and Tourist Visas, form Tourist Visas. - The OP is already in the US and asking about the AOS process.~~

[Sarah G 170]

Congratulations on your engagement! As others have said, if you arrived in the US without intent to stay, then you are perfectly legal to AOS from VWP. As has also been said, it's important to get it right the first time! 

 

I filed for AOS in June having entered on VWP in April this year and I have my interview in a few weeks. I am very bored without a job and am an admin nerd so if you want any help with the paperwork please feel free to get in touch and I'll be very happy to help however I can. 

 

If your case is simple then there is no need for a lawyer. You could perhaps visit one for a free consultation to establish whether they think your case is complicated or not. That's what we did, she said it was simple and that she could see no reason for a denial. That was the last time I spoke to a lawyer, DIY from that moment on 😂

[SunflowerSweet 1,321]

Don’t just accept that you won’t be able to drive, look up the specific rules on it in your state. DMV is run state-wide, so it’s different everywhere. My husband was able to get a license with his AOS I-767c, which you received shortly after filing everything. 

[Rorysmith 0]

Thank you for all your responses you guys have been really really helpful and it's given me a lot to think about and consider, and prepare prepare prepare. Thank you so much! 

[Rorysmith 0]

Hi guys - ONE more thing
I just want to make sure that I am getting all the right documents and information. Can you suggest to me a link on here to kind of help me checklist some things?

 

Thank you so much for all your help I really appreciate it!