Marrying with an ESTA visa

[Dboat10 0]

My fiance, a British citizen is in 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 to the UK, I will start the process to get her a visa to come live with me permanently?

Edited September 10, 2019 by Dboat10

[Duke & Marie 1,389]

10 minutes ago, Dboat10 said:

My fiance, a British citizen is in 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 to the UK, I will start the process to get her a visa to come live with me permanently?

You don’t need to get married yet, you could file K1 for her to return then get married 

[Crazy Cat 41,975]

36 minutes ago, Dboat10 said:

My fiance, a British citizen is in 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 to the UK, I will start the process to get her a visa to come live with me permanently?

I would seriously consider marrying in the US first.....

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US   
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �

 

 

Edited September 10, 2019 by missileman

[geowrian 22,337]

ESTA is a travel authorization, not a visa or class of admission. VWP would be the program by which you enter the US for 90 days.

You can enter and marry fine. You just cannot enter with intent to stay / file for permanent residency.

[Aria15 0]

How can you show that there was no intent of gettimg married? Apart from telling our story?

[millefleur 5,047]

**Moved from Tourist Visas to What Visa Do I Need - Family Based Immigration**

[SmallTownPA 72]

On 9/10/2019 at 8:54 PM, Aria15 said:

How can you show that there was no intent of gettimg married? Apart from telling our story?

 

They really can't, unless you do something like move large assets into the US a week after you arrive etc.  

 

There used to be a '90 day rule'  but now that's been slightly modified, but still generally true.  I married my first wife 4 months into her stay.  

 

If ICE/USCIS wanted to really crack down on B2 marriages they would either cut the B2 to 60 days (not 6 months) or have a 6 month+1 day rule for marriages on the B2.

 

Bottom line is that if you enter the US legally, didn't have the intent to immigrate, and can prove a bone-fide marriage, they don't care.  Either 1 day or 91 days.

[NikLR 13,227]

On 9/10/2019 at 6:54 PM, Aria15 said:

How can you show that there was no intent of gettimg married? Apart from telling our story?

You don't need to.

 

Intent to stay is the issue, not intent to marry.