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truediarist

ESTA with intent to return vs. K-1

By truediarist in K-1 Fiance(e) Visa Process & Procedures

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truediarist Newbie

truediarist   0

Posted
Filed: Timeline
Posted

Hi all,

Tricky situation here. I've been back and forth into the US with a ESTA form, and I have a job outside of the US. We're planning on getting married because her father's sick and may not be able to see through a big ceremony. Can I get married in the US demonstrating full intent to return (to Switzerland) with a job and proof of income and stay etc.? Or should I apply for a K-1, knowing I'll most likely not get it in time (December) and risk the questions when I get to CBP? I'll still not be able to get married, correct? Or is it best that we don't do a legal and official ceremony until later?

Rio

Harpa Timsah Grand Master

Harpa Timsah   13,263

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

If you plan to marry only on your trip, leave afterward, and not file for immigration from the US, then ESTA is perfectly fine.

You do not need a special visa to marry in the US. You just need a special visa to move to the US as a fiance.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

SparklePony Proficient

SparklePony   238

Posted
Filed: Citizen (apr) Country: Portugal
 Timeline
Posted

The K1 visa is intended for people who want to immigrate to the US to marry a US citizen, and staying to live in the country. If that is not your intent, then I would think the ESTA alone would be fine. Planning on proving ties to your home country is a good idea.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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