Could I marry my USC spouse on an ESTA?

[HRQX 4,145]

5 minutes ago, Astrid M said:

I'm sorry could I ask what you mean by relevant proclamations?

https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of "The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation."

 

Per section 2, spouse of US citizen is exempt. So you are currently subject to the proclamation, but after marriage you'll be able to visit the US via direct UK to US flight.

[Crazy Cat 39,206]

9 minutes ago, Astrid M said:

We knew we would have to file for immigration as a spouse but didn't know how to marry itself!

Many people have destination weddings in the US.  As long as  you can legally enter the US, then there is no restriction as far as marrying, then returning to your country to start the spousal visa process.  There are some good guides here to help.

[Astrid M 7]

5 minutes ago, Jorgedig said:

Subject to having a valid ESTA/B visa and subject to CBP admitting you, of course.

Thank you!

5 minutes ago, HRQX said:

https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of "The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation."

 

Per section 2, spouse of US citizen is exempt. So you are currently subject to the proclamation, but after marriage you'll be able to visit the US via direct UK to US flight.

Thank you for this!

[Astrid M 7]

2 minutes ago, Lucky Cat said:

Many people have destination weddings in the US.  As long as  you can legally enter the US, then there is no restriction as far as marrying, then returning to your country to start the spousal visa process.  There are some good guides here to help.

Thank you! I have filed for a CR1 previously but the marriage broke down (right on the cusp of approval, too) so I have some experience with what is needed. I attended interview and medical examination and received all vaccinations needed, so this will be a process I'm at least somewhat familiar with. I have all of the prior paperwork so will follow that as a guideline (with the addition of the divorce papers and checking to see if the payments have changed).

[Crazy Cat 39,206]

1 minute ago, Astrid M said:

Thank you! I have filed for a CR1 previously but the marriage broke down (right on the cusp of approval, too) so I have some experience with what is needed. I attended interview and medical examination and received all vaccinations needed, so this will be a process I'm at least somewhat familiar with. I have all of the prior paperwork so will follow that as a guideline (with the addition of the divorce papers and checking to see if the payments have changed).

Sounds like you already know that patience is the key in immigration since nothing is fast.......Good luck....

[Astrid M 7]

Just now, Lucky Cat said:

Sounds like you already know that patience is the key in immigration since nothing is fast.......Good luck....

Tell me about it. At least now some of the delays experienced last time will be minimised (my exhusband and I running frantic without actually DOING anything for example) but I'm not expecting miracles.

[HRQX 4,145]

23 minutes ago, Astrid M said:

Thank you for this!

After you marry, here is a FAQ: https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/

If you travel, please follow the steps below:

• Do not attempt to check in for your flight online if you have an ESTA registration.
• Arrive early for your flight.
• Carry any documentation that you believe demonstrates why you have been excepted from a travel restriction, such as a Permanent Resident Card (commonly known as a Green Card), a marriage certificate, or a birth certificate.
• You may also wish to carry a printed copy of the Presidential Proclamation itself.
• Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials. Please note that smaller airports may not have CBP officials on site.
• If applicable in your case, your ESTA will be reinstated in order to allow you to board.

37 minutes ago, Astrid M said:

but didn't know how to marry itself!

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

Edited December 14, 2020 by HRQX

[Astrid M 7]

2 minutes ago, HRQX said:

After you marry, here is a FAQ: https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/

If you travel, please follow the steps below:

• Do not attempt to check in for your flight online if you have an ESTA registration.
• Arrive early for your flight.
• Carry any documentation that you believe demonstrates why you have been excepted from a travel restriction, such as a Permanent Resident Card (commonly known as a Green Card), a marriage certificate, or a birth certificate.
• You may also wish to carry a printed copy of the Presidential Proclamation itself.
• Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials. Please note that smaller airports may not have CBP officials on site.
• If applicable in your case, your ESTA will be reinstated in order to allow you to board.

https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

This is amazing thank you! 

Follow up question - I live in shared accommodation and have a tenancy agreement from 2018 with no end date. Could I supply this as well as a dated letter from my landlord stating I am still residing here? 

[Loren Y 2,731]

36 minutes ago, Astrid M said:

Yes, Ohio. We have been dating for a while, but of course have not seen each other for what feels like forever due to the pandemic. We are not engaged as of yet, but we were speaking about it and just wondered how the marrying itself could be done. We knew we would have to file for immigration as a spouse but didn't know how to marry itself!

I am originally from Ohio. I'll actually be there this weekend. If you want to do a destination wedding like Las Vegas, NV, I will be happy to help you out. You can fly round trip out of Cleveland really cheap ( See My ticket for this weekend below, 24.20 round trip is a good deal. I'm just flying in for 12 Hours to meet some friends for lunch, my lunch will cost more than the flight...LOL), and we can get you all married with certificate in hand in less than an hour. Message me and I can send you my contact information. And I don't charge anything for members on Visa Journey. We could get you round trip flights, married, and certificates in hand for around 150-160 dollars.... Vegas Baby!!!

[Astrid M 7]

1 minute ago, Loren Y said:

I am originally from Ohio. I'll actually be there this weekend. If you want to do a destination wedding like Las Vegas, NV, I will be happy to help you out. You can fly round trip out of Cleveland really cheap ( See My ticket for this weekend below, 24.20 round trip is a good deal. I'm just flying in for 12 Hours to meet some friends for lunch, my lunch will cost more than the flight...LOL), and we can get you all married with certificate in hand in less than an hour. Message me and I can send you my contact information. And I don't charge anything for members on Visa Journey. We could get you round trip flights, married, and certificates in hand for around 150-160 dollars.... Vegas Baby!!!

Oh wow! Small world haha. That is an insanely cheap ticket, too! 

Thank you kindly for your generous offer, I think its absolutely wonderful of you! 

I will certainly discuss this with my partner and will surely be in touch.

[Kai G. Llewellyn 821]

So as some have said you need K-1 and others say that ESTA/VWP is fine. There is nuance to this.

 

Entering on ESTA/Tourist Visa to marry and return home is fine. There are absolutely no restrictions on people entering the US as a visitor to marry and go home.

 

Entering on ESTA/Tourist Visa to marry with the intent to adjust status to PR prior to or at entering the US is considered Visa Fraud. A K-1 is the appropriate visa for this.

 

Therefore, as you say, you are planning to visit to marry and go home, you are fine to use ESTA. However, I would suggest that you carry plenty of proof that you intent to depart at the end of your visit, and show that you have a home and job to go back to, and any other ties to your home country. CBP will be suspicious that you will attempt to adjust status after marrying, you need to reassure them with factual evidence that you will go home at the end of your visit.

 

Best of luck on your travels to the US!

[Astrid M 7]

8 minutes ago, CanadaDude said:

So as some have said you need K-1 and others say that ESTA/VWP is fine. There is nuance to this.

 

Entering on ESTA/Tourist Visa to marry and return home is fine. There are absolutely no restrictions on people entering the US as a visitor to marry and go home.

 

Entering on ESTA/Tourist Visa to marry with the intent to adjust status to PR prior to or at entering the US is considered Visa Fraud. A K-1 is the appropriate visa for this.

 

Therefore, as you say, you are planning to visit to marry and go home, you are fine to use ESTA. However, I would suggest that you carry plenty of proof that you intent to depart at the end of your visit, and show that you have a home and job to go back to, and any other ties to your home country. CBP will be suspicious that you will attempt to adjust status after marrying, you need to reassure them with factual evidence that you will go home at the end of your visit.

 

Best of luck on your travels to the US!

Thank you so much for the detailed info! Could I use my tenancy agreement with a letter from my landlord perhaps, as well as my employment contract and a letter from my employer, too, do you think?

With any other ties, what could you suggest?

[Kai G. Llewellyn 821]

26 minutes ago, Astrid M said:

Thank you so much for the detailed info! Could I use my tenancy agreement with a letter from my landlord perhaps, as well as my employment contract and a letter from my employer, too, do you think?

With any other ties, what could you suggest?

Tenancy Agreement and Proof of Employment are probably the best ties you can demonstrate. Other ties would include, Foreign Accounts, Memberships of foreign associations, foreign driver's license, foreign property, arranged meetings and appointments following your visit. Any obligations that you can demonstrate that you need to return to your home country for is acceptable proof as well.

Edited December 15, 2020 by CanadaDude

[Astrid M 7]

6 minutes ago, CanadaDude said:

Tenancy Agreement and Proof of Employment are probably the best ties you can demonstrate. Other ties would include, Foreign Accounts, Memberships of foreign associations, foreign driver's license, foreign property, arranged meetings and appointments following your visit. Any obligations that you can demonstrate that you need to return to your home country for is acceptable proof as well.

Awesome, thanks so much!

[JFH 12,189]

5 hours ago, Astrid M said:

I would like to know if it is legal for me to enter the USA, marry on an ESTA and return home? I would like to marry there as 1. I dont have any family to attend my wedding and 2. For the scenery and freedom in choosing location weddings.

I am very new to this site and had someone recommend it to me so I apologise if I'm not observing correct etiquette thank you!

Yes. I did exactly this. I’m from the UK also. I also visited several times after we married and before I immigrated. Even whilst the paperwork was being processed.