Can i get married to a US citizen on a Esta

[DannyT1991 3]

hey guys i was wondering if you guys can help me 

 

so this is the situation:

 

my girlfriend who is a US citizen is coming to the UK on September and we are both are flying to Spain for 3 day's and i'm gonna propose to her there

 

now here is my question can i a UK citizen travel to the states and marry my girlfriend a US citizen on a ESTA and i leave back to the UK then we apply for a spousal green card visa while im in the UK 

 

can anyone with any experience in this let me know and give me tips on how the process works please it will be super helpful

[kris&me 572]

you can

you will be asked "who are you visiting ?" when you arrive so u can be denied entry at POE as officer can assume you will stay and adjust status

being from UK probably not much of an issue

and WOW  proposing in Spain   

so romantic

[TNJ17 1,329]

You don’t apply for spousal greencard. There is no such thing. You can go to the US on esta and get married. Then go back to your home country and your new wife can start the process for the CR1 spousal visa to bring you to the US and become a permanent resident. You only get greencard after you’ve entered the US on a CR1 Visa. That process takes about 12-15 months maybe more maybe less if you’re lucky. You can also apply for k1 and after you receive the visa and enter the US you get married and apply for adjustment of status. K1 is more expensive and puts you on US soil faster, about 9-10 months currently, but it leaves you in limbo without being able to work or travel for a few months. 

 

What you cannot absolutely do is fly to the US and get married and stay and adjust status. That is immigration fraud. 

[SONG41 15]

Yes you can get married in US while on an ESTA.

We got married days before my husband was due to return to UK, we had no plans to get married but at the last minute we could not face being apart so we got married & he adjusted status while here in the USA.

The biggest thing with that is he could not work until he was approved.

So unless you can support your spouse for many months they are better to return to their home country where they can work while it is processed.

[Boiler 43,429]

So much misinformation, she can not enter the US on the VWP with the intent on staying.

[jons_wifey 19]

1 hour ago, Boiler said:

So much misinformation, she can not enter the US on the VWP with the intent on staying.

although HIS intent is to get married in the US with the intent of going BACK to the UK afterwards.

[Crazy Cat 39,216]

On 3/15/2018 at 7:07 AM, SONG41 said:

Yes you can get married in US while on an ESTA.

We got married days before my husband was due to return to UK, we had no plans to get married but at the last minute we could not face being apart so we got married & he adjusted status while here in the USA.

The biggest thing with that is he could not work until he was approved.

So unless you can support your spouse for many months they are better to return to their home country where they can work while it is processed.

Your situation is different.  He can not come to the US, marry, and stay.  He must leave before his authorized time has expired....He can visit the US during the 12-14 month processing time for the CR-1 visa.

[jons_wifey 19]

24 minutes ago, missileman said:

Your situation is different.  He can not come to the US, marry, and stay.  He must leave before his authorized time has expired....He can visit the US during the 12-14 month processing time for the CR-1 visa.

again; he stated his INTENT is to GO BACK TO THE UK AFTER GETTING MARRIED HERE IN THE US

 

Quote

now here is my question can i a UK citizen travel to the states and marry my girlfriend a US citizen on a ESTA and i leave back to the UK then we apply for a spousal green card visa while im in the UK 

 

[Jorge V 195]

I think people are (rightfully) saying you were providing misinformation due to this quote:

 

Which is allowed under some circumstances, but not allowed under OP's. It came off to me like you're telling OP that he personally can adjust status without going back to the UK. Since he clearly has preconceived immigrant intent that is not ok.

 

Your intention may not have been to suggest fraud, but that's how it came off and that's why you're getting push back from other users.

Edited March 23, 2018 by Ontarkie
removed quote

[Crazy Cat 39,216]

1 hour ago, jons_wifey said:

again; he stated his INTENT is to GO BACK TO THE UK AFTER GETTING MARRIED HERE IN THE US

 

 

You said " yes you can. and you can actually adjust your status WITHOUT going back to the UK - "  Since you were replying to the OP, I as well as others interpreted the "you" to mean the OP...

Thank you for clarifying that the "you" actually meant "some people".

[Ontarkie 13,915]

~~One post removed. The poster may not have meant it to read as giving fraudulent information, the post does read as such.~~

 

The OP's intent may be to return to the UK, but when members give advice that it's ok to stay and AOS before that person is even in the US then the Intent to stay is often thought to be allowed.  Do not give advice that does not apply. 

Edited March 23, 2018 by Ontarkie

[DannyT1991 3]

i'm so confused right now hahaha  people are telling me one thing and other people are telling me another thing 

 

i'm going to the states to marry my girlfriend who is a US citizen (me a UK Citizen on a ESTA) then go back home to the uk and have my wife apply for a spousal visa is this okay and how long will it take from the uk?

[Jorge V 195]

20 minutes ago, DannyT1991 said:

i'm so confused right now hahaha  people are telling me one thing and other people are telling me another thing 

 

i'm going to the states to marry my girlfriend who is a US citizen (me a UK Citizen on a ESTA) then go back home to the uk and have my wife apply for a spousal visa is this okay and how long will it take from the uk?

Yes this is ok and happens all the time (think of destination weddings to Hawaii). As long as you return to the UK before your ESTA is up then you are in the clear. What is not allowed is to intend to stay in the US after you get married and try to adjust status that way. Lots of people try to circumvent the rules by doing this. The author of the deleted post did this and was seemingly suggesting it to you as a solution as well, which is what all the fuss is about.

 

To summarize, feel free to come to the US on ESTA to get married. Be truthful to the immigration officer when arriving. Be prepared to show proof that you intend to return to the UK after the wedding. Once you're in the UK your spouse can petition a CR1 visa for you. This takes 12-14 months for approval. Once approved you will enter the US on your CR1 and immediately be considered a legal resident. You can also visit the US during the processing time, but again, be prepared to prove that you intend on returning to the UK to wait out the process.

Edited March 24, 2018 by Jorge V

[Dboat10 0]

I am in a similar situation, my fiance, a British citizen is visiting the US for the first time, I just got approved for US citizenship and will be swearing in on the 18th of this month, she returns on the 21st, do you advise we get married in the US while she is here and when she returns I start the process to get her a visa to come live with me permanently?

[jskibo 588]

On 9/7/2019 at 8:42 AM, Dboat10 said:

I am in a similar situation, my fiance, a British citizen is visiting the US for the first time, I just got approved for US citizenship and will be swearing in on the 18th of this month, she returns on the 21st, do you advise we get married in the US while she is here and when she returns I start the process to get her a visa to come live with me permanently?

Sure that works, but best to start your own thread with questions than tacking it to an 18 month old one from someone else

 

good luck