Self-Employed Finances

[ETintheUS 2]

Hello,

 

Looking for quick help here. My partner is here visiting the US from the UK on the ESTA and we have decided to get married! Because he is already here and it is very easy to get married in Colorado, can we file for marriage even if he didn’t inform agents on arrival about marriage?
 

When he flew in on Dec 16th in NYC, we thought he would be leaving on Dec 31st and this is what he told agents. But now he is here in Colorado with me and we’d like to move forward with our relationship.

 

If we decide to marry now, will implications of him arriving and not informing agents about marriage and that he was meant to leave sooner, effect the marriage visa/green card process? As he stated to TSA that he was only here on holiday. 

 

Is it advisable for him to leave and fly back, letting the agents know his intentions on arrival?
 

If not and we marry whilst he is here, would he need to leave the US as soon as we marry?

 

Thank you in advance!

 

Eugenia 

[Just Paul 4,595]

11 minutes ago, ETintheUS said:

Hello,

 

Looking for quick help here. My partner is here visiting the US from the UK on the ESTA and we have decided to get married! Because he is already here and it is very easy to get married in Colorado, can we file for marriage even if he didn’t inform agents on arrival about marriage?
 

When he flew in on Dec 16th in NYC, we thought he would be leaving on Dec 31st and this is what he told agents. But now he is here in Colorado with me and we’d like to move forward with our relationship.

 

If we decide to marry now, will implications of him arriving and not informing agents about marriage and that he was meant to leave sooner, effect the marriage visa/green card process? As he stated to TSA that he was only here on holiday. 

 

Is it advisable for him to leave and fly back, letting the agents know his intentions on arrival?
 

If not and we marry whilst he is here, would he need to leave the US as soon as we marry?

 

Thank you in advance!

 

Eugenia 

He is here so you can get married.  You can file the I-130 while he is here.   If he is going to stay you will need to file AOS as well but he has to stay in the US until getting a EAD/AP or green card.  Read the guides on the site.

[SalishSea 18,225]

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

[Just Paul 4,595]

1 hour ago, ETintheUS said:

we marry whilst he is here, would he need to leave the US as soon as we marry?

Oops my post got cut off . . .    You can also marry here, file and he returns to the UK without adjusting.   He can still visit the US but would do consular processing in London.

[pushbrk 13,207]

1 hour ago, Jorgedig said:

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

If he decides to stay and adjust status.  Absolutely no problem with getting married.  If that's what you want, do it.  Then, choose the immigration path that best fits your priorities and circumstances.  You have two options, immigrant visa, or adjust status from within the US.  Understand the differences well, then match them to your priorities and circumstances.

Edited January 20, 2020 by pushbrk

[NikLR 13,232]

~~moved from IR1/CR1 process and procedures to AOS from work student and tourist visa~~

[NikLR 13,232]

While I moved this topic and these are appropriate answers, you've already asked about where to get married and the visa process...  Obviously AOS is a choice here for you, and your fiance would not be allowed entry if he told cbp he intended to get married and stay (just getting married is another story.) However, if you do plan on the visa process and not to AoS as it seems by this post, please hit report on your post and request the thread be moved back to the CR1/IR1 forum. 

[ETintheUS 2]

13 hours ago, Paul & Mary said:

He is here so you can get married.  You can file the I-130 while he is here.   If he is going to stay you will need to file AOS as well but he has to stay in the US until getting a EAD/AP or green card.  Read the guides on the site.

Thank you so much, once again for this help! Seems clear we can in fact get married, even though he did not mention this on arrival!  We weren't totally sure! He will leave shortly after as we will not be taking the AOS route.  Thank you so much! So grateful for this website!

 

Eugenia 

[ETintheUS 2]

14 hours ago, Jorgedig said:

Just keep in mind that he won’t be able to work or travel out of the US (and be readmitted) for around 6 months.

Thank you, he has work in the UK this year, he would have to travel back to the UK around the end of Feb/start of March. 

[ETintheUS 2]

13 hours ago, Paul & Mary said:

Oops my post got cut off . . .    You can also marry here, file and he returns to the UK without adjusting.   He can still visit the US but would do consular processing in London.

I see, thank you. He would be returning to the UK at the end of Feb for work in Spring, I guessing he will have to go to the US Consulate in London before returning to the US? Apply for a different VISA than the ESTA for short visits? We we're hoping he could still visit the US on an ESTA until the Green Card application had gone through?

[Just Paul 4,595]

5 minutes ago, ETintheUS said:

He would be returning to the UK at the end of Feb for work in Spring, I guessing he will have to go to the US Consulate in London before returning to the US? Apply for a different VISA than the ESTA for short visits

No  he keeps his ESTA - don't overstay

 

[ETintheUS 2]

12 hours ago, pushbrk said:

If he decides to stay and adjust status.  Absolutely no problem with getting married.  If that's what you want, do it.  Then, choose the immigration path that best fits your priorities and circumstances.  You have two options, immigrant visa, or adjust status from within the US.  Understand the differences well, then match them to your priorities and circumstances.

Thank you! We do want to do it, although he does need to return to the UK to work this Spring, so he will have to leave at end of Feb. I'm guessing this will not apply if that's the case? Hopefully we can start a life here after the Green Card process, I'm assuming it will take a while? 

 

Thanks again! 

10 hours ago, NikLR said:

~~moved from IR1/CR1 process and procedures to AOS from work student and tourist visa~~

Hi, please keep to CR1 process

[Letspaintcookies 2,310]

8 minutes ago, Paul & Mary said:

No  he keeps his ESTA - don't overstay

 

That's important. As long as he doesn't overstay he can use his ESTA to come and visit you during the process of the CR1. It would only get cancelled if he oberstays and then he probably wouldn't get another tourist visa.

[Just Paul 4,595]

1 minute ago, ETintheUS said:

Thank you! We do want to do it, although he does need to return to the UK to work this Spring, so he will have to leave at end of Feb. I'm guessing this will not apply if that's the case? Hopefully we can start a life here after the Green Card process, I'm assuming it will take a while? 

?   Marry, file the 1-130/130A, he goes home for consular processing but each of you can visit the other in either country.

[ETintheUS 2]

9 hours ago, NikLR said:

While I moved this topic and these are appropriate answers, you've already asked about where to get married and the visa process...  Obviously AOS is a choice here for you, and your fiance would not be allowed entry if he told cbp he intended to get married and stay (just getting married is another story.) However, if you do plan on the visa process and not to AoS as it seems by this post, please hit report on your post and request the thread be moved back to the CR1/IR1 forum. 

Hey there, thanks for this, I'm thinking we will keep to CR1 process, as he will be returning to UK for work, will have to leave at end of Feb, so not adjusting status. 

 

I'm assuming if this is the case it will be fine if we marry on this trip, and will not be a problem with TSA? I believe we can use the ESTA for him to see me whilst the application is going through?