Italian getting married to US Citizen on ESTA Visa

[vivienne_eastwood 0]

Hi!

My partner and I live and work permanently in Italy (I am a US Citizen).

We would like to get married in the US during a 10-day vacation, mainly just to involve family (my side) who cannot travel to Europe, and then return back to Italy. We are not currently planning to move to the US nor will we stay after our 10-day trip.

 

My partner travels frequently for work, sometimes to the US, and I would like to avoid him having any trouble at the US POE for any reason.

 

question is: if we do not pursue any AOS or green card applications, will this be an issue?

 

In case, in a few years, we do decide to file for an AOS or consider moving to the US ( unlikely), will there be any problems?

 

If we then get married in Italy (which we would like to do), will we be able to reconcile the two marriages somehow?

 

Thank you to anyone who takes the time to respond!

 

 

[zochu 255]

I got married on the VWP, but I left the United States afterwards and on every trip afterwards. 

 

You cannot enter the US on a non-immigrant visa, like a tourist visa or on the VWP with an intent to adjust status. That is considered fraud.

 

Your foreign spouse should obtain a spousal visa (CR1 etc) if you wish to relocate back to the US. I would not move back to the States with them on a tourist visa with an intent to change status. Again, fraud! 

 

Your Italian marriage should be recognised in the US if it is a legal marriage in Italy. 

 

 

 

[vivienne_eastwood 0]

Thank you for your response zochu, much appreciated.

 

Correct, we are not planning to live in the USA so after our 10-day holiday is finished (and we get married), we will both return to Italy.

 

so to sum up..

 

Current situation:

- we marry in the US during our holiday

- we return to Italy where we permanently reside and marry 

- we both only go to the US to visit family 1x a year, or husband alone travels to US for a brief work trip

 

Will this scenario pose issues?

 

What if:

- after 5 years we decide to relocate to the US? will we even be able to do this considering the marriage was done on an ESTA waiver 5 years prior?

 

[zochu 255]

As in apply for a spousal visa IF you decide to move back to the US if you got married on the VWP/ESTA?

 

I don't see that being an issue at all.

 

I married on the VWP in April 2018. Went back and fourth to the US for the rest of the year. Now I am back in my home country and we are applying for a spousal visa.

 

Getting married on the VWP is not an issue.

 

The issue is upon entering would the person intend to stay and adjust status. Your partner should bring evidence that they plan to return back to Italy. 

 

I did on every trip but was never asked, but I was prepared.

 

Evidence include lease agreement, letter from employer stating I was employed and on vacation, letter from Uni confirming my enrollment, proof of financial liabilities back at home etc. 

[Lucky2Lucky 2,526]

1 hour ago, vivienne_eastwood said:

Current situation:

- we marry in the US during our holiday no problem. I assume you will have a return flight to Italy and aren’t packing your lifelong belongings when you travel to the US for this marriage.

- we return to Italy where we permanently reside and marry you only have one marriage. Your “marriage” in Italy would be maybe a ceremony? The date of the marriage in US would be your marriage date. Imagine applying for a spousal visa down the line and writing down 2 dates of marriage ??

- we both only go to the US to visit family 1x a year, or husband alone travels to US for a brief work trip A US citizen is the only person guaranteed entry to the US. This is not to say that being married to a US citizen will result in him being denied entry- a noncitizen always has the potential to not be admitted. 

 

Will this scenario pose issues?

 

What if:

- after 5 years we decide to relocate to the US? will we even be able to do this considering the marriage was done on an ESTA waiver 5 years prior? No problem. You would apply for a spousal visa while you are in Italy , this would require you to be apart for some time however, as you need to establish residency in the US. you can not plan on him visiting the US and adjusting his status..that is fraud. Just a reminder that you have still been required to file taxes while living abroad as this will be needed down the line 🙂

 

Good luck on your journey! Ciao!

Edited November 18, 2019 by Luckycuds

[vivienne_eastwood 0]

Thank you  a few responses in red:

 

 

  1 hour ago, vivienne_eastwood said:

Current situation:

- we marry in the US during our holiday no problem. I assume you will have a return flight to Italy and aren’t packing your lifelong belongings when you travel to the US for this marriage. --> correct, we have return tickets, jobs, cars and rent to pay !   I will be bringing translated copies of these documents, just in case.
 

- we return to Italy where we permanently reside and marry you only have one marriage. Your “marriage” in Italy would be maybe a ceremony? The date of the marriage in US would be your marriage date. Imagine applying for a spousal visa down the line and writing down 2 dates of marriage ?? --> Hah, that would be confusing! we will validate the US marriage here, in order to have just 1 marriage date.

 

 

- we both only go to the US to visit family 1x a year, or husband alone travels to US for a brief work trip A US citizen is the only person guaranteed entry to the US. This is not to say that being married to a US citizen will result in him being denied entry- a noncitizen always has the potential to not be admitted.  --> this is true in any case, I imagine? if he is eligible to enter the US on the VWP before getting married, the same should be valid afterwards ... no?

 

Will this scenario pose issues?

 

What if:

- after 5 years we decide to relocate to the US? will we even be able to do this considering the marriage was done on an ESTA waiver 5 years prior? No problem. You would apply for a spousal visa while you are in Italy , this would require you to be apart for some time however, as you need to establish residency in the US. you can not plan on him visiting the US and adjusting his status..that is fraud. Just a reminder that you have still been required to file taxes while living abroad as this will be needed down the line 🙂 --> Thank you! this makes sense. Would this be a K3 visa?

 

 

 

My main concern is that husband doesn't have any issues with border patrol traveling to the US in the future, after we go forward with this.

[Lucky2Lucky 2,526]

On 11/18/2019 at 6:20 AM, vivienne_eastwood said:

Thank you  a few responses in red:

 

 

  1 hour ago, vivienne_eastwood said:

Current situation:

- we marry in the US during our holiday no problem. I assume you will have a return flight to Italy and aren’t packing your lifelong belongings when you travel to the US for this marriage. --> correct, we have return tickets, jobs, cars and rent to pay !   I will be bringing translated copies of these documents, just in case.
 

- we return to Italy where we permanently reside and marry you only have one marriage. Your “marriage” in Italy would be maybe a ceremony? The date of the marriage in US would be your marriage date. Imagine applying for a spousal visa down the line and writing down 2 dates of marriage ?? --> Hah, that would be confusing! we will validate the US marriage here, in order to have just 1 marriage date.

 

 

- we both only go to the US to visit family 1x a year, or husband alone travels to US for a brief work trip A US citizen is the only person guaranteed entry to the US. This is not to say that being married to a US citizen will result in him being denied entry- a noncitizen always has the potential to not be admitted.  --> this is true in any case, I imagine? if he is eligible to enter the US on the VWP before getting married, the same should be valid afterwards ... no? In any case a non US citizen has the potential to be denied entry. Even though he has a VWP- it never GUARANTEES admission. I can't and no one can guarantee his entry to the US after you get married.. It's not necessarily going to hurt his chances but may be asked additional questions. Again, like the first question just don't pack his life in his suitcase so it appears he would be moving there. Short trips are usually not a problem but again never a guarantee.  

 

Will this scenario pose issues?

 

What if:

- after 5 years we decide to relocate to the US? will we even be able to do this considering the marriage was done on an ESTA waiver 5 years prior? No problem. You would apply for a spousal visa while you are in Italy , this would require you to be apart for some time however, as you need to establish residency in the US. you can not plan on him visiting the US and adjusting his status..that is fraud. Just a reminder that you have still been required to file taxes while living abroad as this will be needed down the line 🙂 --> Thank you! this makes sense. Would this be a K3 visa? Nope it would be CR1. K3 basically don'texist anymore- I believe a total of 5 were issued last year 

 

 

 

My main concern is that husband doesn't have any issues with border patrol traveling to the US in the future, after we go forward with this. No one can guarantee but thousands of married couples continue to travel in and out of the US without an issue. Like I said above he may be scrutinized a bit more esp if traveling with you; but again, his positive travel history and short trips help as well as his continued ties to Italy- still paying for apartment, car, job etc.   IMO you don't have to be as concerned as you are