New to ALL of this!

[little immigrant 800]

27 minutes ago, Paul & Mary said:

People get married every day on an ESTA.   Then the beneficiary goes home and awaits processing.   They can still visit on ESTA.

FYI that's how I did it. Worked out well. 

[ETintheUS 2]

If you can marry on an ESTA, then what is the point of the Fiancee Visa?

[Just Paul 4,591]

5 minutes ago, ETintheUS said:

If you can marry on an ESTA, then what is the point of the Fiancee Visa?

Not everyone qualifies for ESTA  or can get a tourist VISA.  ESTA countries have a visa denial rates < 5%, I think closer to 3%

Edited June 30, 2019 by Paul & Mary

[Daphne . 1,638]

4 minutes ago, ETintheUS said:

If you can marry on an ESTA, then what is the point of the Fiancee Visa?

The fiancee visa would allow somebody to travel to the US, marry and adjust status afterwards.

An Esta allows somebody to travel to the US (and marry if they want) but one has to leave the US again and start the spousal visa application.

[ETintheUS 2]

9 minutes ago, little immigrant said:

FYI that's how I did it. Worked out well. 

Really? Are you a UK citizen? What was this process like? Did you get married and then return home and then file for visa? What did you say when entering US knowing you came to get married?

[Boiler 43,388]

Las Vegas would be out of business, have you not heard of destination weddings?

[Daphne . 1,638]

1 minute ago, ETintheUS said:

Really? Are you a UK citizen? What was this process like? Did you get married and then return home and then file for visa? What did you say when entering US knowing you came to get married?

I did the same thing, and we also have a lawyer by the way.. 

We got married and I returned to The Netherlands 3 days after my wedding 😢

and my husband filed the petition.

I made sure that I had plenty of proof to show that I would go back when I visited (employer statement, my calendar with my business appointments for after my trip, documents of my house). It is very important that you can prove that you have strong ties to your home country.

During the whole spousal visa process I have been able to visit my husband in the US on my Esta.

[ETintheUS 2]

1 minute ago, Daphne K said:

I did the same thing, and we also have a lawyer by the way.. 

We got married and I returned to The Netherlands 3 days after my wedding 😢

and my husband filed the petition.

I made sure that I had plenty of proof to show that I would go back when I visited (employer statement, my calendar with my business appointments for after my trip, documents of my house). It is very important that you can prove that you have strong ties to your home country.

During the whole spousal visa process I have been able to visit my husband in the US on my Esta.

Wow!  Thank you! this is soooo helpful! I am so bummed the lawyers mislead us! 

[elmcitymaven 9,711]

2 minutes ago, ETintheUS said:

Really? Are you a UK citizen? What was this process like? Did you get married and then return home and then file for visa? What did you say when entering US knowing you came to get married?

My ex-husband and I were living together in the UK for some time (I had indefinite leave to remain there) and we decided to have our wedding in the US. We flew to the US together, along with his mum. At the border, he was asked the purpose of his visit. He said to marry his American fiancee, with whom he lived in London, then return with her after a short holiday. The officer wished him well and stamped him in under the VWP (these were pre-ESTA days, but the process has not changed). It was a complete non-issue, because while he had the intent to marry a US Citizen in the US, he had no intent to remain and adjust status. We went back to London, and eventually filed for the CR-1 through direct consular filing (DCF).

 

We didn't even know about VJ when we did this, we just knew (after a brief consultation with an immigration attorney, who told us we had a straightforward case that didn't require legal assistance) that if we told the truth, we were doing nothing wrong.  The attorneys you spoke to don't know their arses from their elbows. Get married over here, have him return and file the I-130. 

[Daphne . 1,638]

Just now, ETintheUS said:

Wow!  Thank you! this is soooo helpful! I am so bummed the lawyers mislead us! 

I think they meant well, they want to stay safe and do not want to be involved in case a client breaks the Immigration laws I think, because it would also make them look bad.. Not accusing you of this, no worries!

And believe me, hang around here for a while and you will find out how ‘creative’ people are.. 😕

 

[Just Paul 4,591]

3 minutes ago, ETintheUS said:

Wow!  Thank you! this is soooo helpful! I am so bummed the lawyers mislead us! 

There are lawyers that do immigration and then there those of us that live immigration.

[ETintheUS 2]

4 minutes ago, Paul & Mary said:

There are lawyers that do immigration and then there those of us that live immigration.

Right. I KNOW NOTHING and I don't know who to talk to or how to get help. But already this has been a very supportive process and I am so grateful for this support.

 

[JunkTardis 183]

1 hour ago, ETintheUS said:

No. I live in the US and he in the UK. We have been visiting via ESTA. We're told NOT to get married whilst visiting on ESTA. 

You could just stay engaged, and file for i-129f.

 

The i-129f is for the K1 Fiancé Visa. Once successfully issues, you will have 90 days from your date of entry in the US to marry and file for adjustment of status. During this time, the beneficiary will be unable to take a job.

 

You could fly to the UK or he could fly to the US on an ESTA and marry. If he flies here on an ESTA, he MUST return within the 90 day period. 

 

If you take the second approach, you must file for i-130f.

 

The i-130f is for a CR1 Visa (Spousal Visa). This is the better method, as once his Visa is approved, he can begin working immediately when he comes into the US.

 

My wife and I used the K1 approach, and it took us about 9 months for me to obtain my EAD/AP and Green Card Interview Date to allow me to work. I'd go with the spousal CR1 visa if I were to do this over again.

 

Good luck!

 

PS: Don't know why you're lawyer is suggesting a 3rd country, that's really confusing. There is no legal need. You can marry in the US or UK, just ensure no overstay and file for i-130f.

[ETintheUS 2]

So I could marry him in the UK on the ESTA?

[ETintheUS 2]

4 minutes ago, JunkTardis said:

You could just stay engaged, and file for i-129f.

 

The i-129f is for the K1 Fiancé Visa. Once successfully issues, you will have 90 days from your date of entry in the US to marry and file for adjustment of status. During this time, the beneficiary will be unable to take a job.

 

You could fly to the UK or he could fly to the US on an ESTA and marry. If he flies here on an ESTA, he MUST return within the 90 day period. 

 

If you take the second approach, you must file for i-130f.

 

The i-130f is for a CR1 Visa (Spousal Visa). This is the better method, as once his Visa is approved, he can begin working immediately when he comes into the US.

 

My wife and I used the K1 approach, and it took us about 9 months for me to obtain my EAD/AP and Green Card Interview Date to allow me to work. I'd go with the spousal CR1 visa if I were to do this over again.

 

Good luck!

 

PS: Don't know why you're lawyer is suggesting a 3rd country, that's really confusing. There is no legal need. You can marry in the US or UK, just ensure no overstay and file for i-130f.

So I could marry him in the UK on the ESTA?