British marrying American on tourist visa. Help needed!!!

[Smileyhanhan 0]

I'm looking to come back to the US on an Esta tourist visa to marry my boyfriend (an American citizen). I am currently on a J1 visa which expires in 2 months.

Is there anyone with any experience with this topic whom can can me a time scale of how long the process with take before I can legally work and then travel to and from my home country?

Any advice would be greatly appreciated !

[Lainie B 465]

You say you are on a J1 visa, are you in the US right now?

[Boiler 43,426]

Also confused, how do you come back if you are here?

[Smileyhanhan 0]

I am currently in the US on a J1 but have my return flights to England already booked through the company that sponsored my visa.

I am returning to the states for a friends wedding on an ESTA in September but was considering marrying my boyfriend in the 90 days period.

[Boiler 43,426]

If you wis to immigrate marry and stay you need a K1, not the VWP.

Edited July 27, 2016 by Boiler

[Lainie B 465]

You could stay in the US, marry now and adjust status, OR leave the US and go through the K-1 visa process, OR leave, marry on the VWP and then leave again and apply for a CR-1. But you cannot enter on the VWP with the intent of marrying and adjusting status.

Is there any particular reason you need to leave the US in 2 months' time?

[JFH 12,189]

With your J-1 visa, are you not subject to the two-year home residency requirement? That's something else you need to consider.

[JFH 12,189]

*~*~*moving from "CR-1 spouse visa process and procedures" to "what visa do I need?" as OP is still exploring the options available*~*~*

[Pennycat 880]

I'm looking to come back to the US on an Esta tourist visa to marry my boyfriend (an American citizen). I am currently on a J1 visa which expires in 2 months.

Is there anyone with any experience with this topic whom can can me a time scale of how long the process with take before I can legally work and then travel to and from my home country?

Any advice would be greatly appreciated !

You can't plan move to marry and immigrate on ESTA, it's considered immigration fraud. You either marry now and file to adjust status (you'll get a temporary work authorization/travel docs, if you apply for them, within 3 months of marriage and filing), or you go home, apply for a K1 fiance visa and immigrate that way. In that case, it is still 3 months between marriage/filing and work authorization/ travel docs.

[Cathi 5,609]

You can't plan move to marry and immigrate on ESTA, it's considered immigration fraud. You either marry now and file to adjust status (you'll get a temporary work authorization/travel docs, if you apply for them, within 3 months of marriage and filing), or you go home, apply for a K1 fiance visa and immigrate that way. In that case, it is still 3 months between marriage/filing and work authorization/ travel docs.

she needs to make sure there is not a 2 year home residency requirement before doing this

[Smileyhanhan 0]

With your J-1 visa, are you not subject to the two-year home residency requirement? That's something else you need to consider.

I would be subject to the 2 year home residency if I were applying for a second j1, but this does not apply with the ESTA.

[Smileyhanhan 0]

You can't plan move to marry and immigrate on ESTA, it's considered immigration fraud. You either marry now and file to adjust status (you'll get a temporary work authorization/travel docs, if you apply for them, within 3 months of marriage and filing), or you go home, apply for a K1 fiance visa and immigrate that way. In that case, it is still 3 months between marriage/filing and work authorization/ travel docs.

Thank you, this was very helpful!

Do you have experience with the temporary work visa, as I have a job offer available when I am legal to work so wondered how long that would take.

[JFH 12,189]

I would be subject to the 2 year home residency if I were applying for a second j1, but this does not apply with the ESTA.

Yep, VWP is fine for visits but you are talking about residency in the USA. If you come to visit friends on the VWP (by the way, it's the VWP you are using, ESTA is just the electronic screening process) then your residency is still your home country. But you cannot become a resident in the USA during that 2-year period without a waiver if you are subject to the 2-year rule. And you most certainly cannot use the VWP as a means to immigrate.

[EM_Vandaveer 2,368]

You'll need a waiver of the 2-year home residency if you either plan to get a work visa or immigrant visa.

[newacct 688]

I would be subject to the 2 year home residency if I were applying for a second j1, but this does not apply with the ESTA.

The 2-year home residency requirement (INA 212(e)) only affects getting H or L work visas, or US permanent residency. It doesn't affect J visas, or any other kind of nonimmigrant visa or status. So I don't think what you are talking about is the 2-year home residency requirement.