Could I marry my USC spouse on an ESTA?

[Astrid M 7]

9 hours ago, JFH said:

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. 

Ah this is great! Thank you. Did you ever run into any issues upon entry during your visits?

[JFH 12,189]

31 minutes ago, Astrid M said:

Ah this is great! Thank you. Did you ever run into any issues upon entry during your visits?

Only once. It wasn’t as bad as being taken into secondary but I was quizzed intensively at the desk, beyond the VWP-standard questions of “what brings you here today?” and “how long are you staying?”. I was quizzed about my job, he wanted my manager’s phone number, how much I earn, wanted me to empty my wallet to show how much money I had, kept saying “tell me the truth! You are here with the intention that your husband files an adjustment of status for you!” It was a struggle to keep my cool when he kept demanding that I admit to lying and fraud when nothing of the sort was taking place, but I bit my tongue and kept my answers calm and brief. People around the arrivals hall were staring at us because he kept yelling. On my way back home to the UK the following week I really wished I could have seen him to show him I wasn’t lying. But you don’t come into contact with CBP on your departure unless there is something seriously wrong. 

[Astrid M 7]

34 minutes ago, JFH said:

Only once. It wasn’t as bad as being taken into secondary but I was quizzed intensively at the desk, beyond the VWP-standard questions of “what brings you here today?” and “how long are you staying?”. I was quizzed about my job, he wanted my manager’s phone number, how much I earn, wanted me to empty my wallet to show how much money I had, kept saying “tell me the truth! You are here with the intention that your husband files an adjustment of status for you!” It was a struggle to keep my cool when he kept demanding that I admit to lying and fraud when nothing of the sort was taking place, but I bit my tongue and kept my answers calm and brief. People around the arrivals hall were staring at us because he kept yelling. On my way back home to the UK the following week I really wished I could have seen him to show him I wasn’t lying. But you don’t come into contact with CBP on your departure unless there is something seriously wrong. 

So sorry to hear about that experience, it must have been so frustrating and awful. I'll be sure carry any and all copies of my CR1 application with me (which is what I did with my exhusband actually) and extra info proving my ties back home. Thank you for sharing and all your help!

[mlong1397 3]

If you come to the US on an ESTA with the purpose to get married, that is visa fraud. We got married in 2019 abroad. He came to visit me in the US on an ESTA. Was heavily questioned but made it thru. He got here just at the beginning of covid. It was out intention for him to return home after a few months, but with covid we thought that would be seen as a valid reason to change to AOS. Filed for that in June. Just had biometrics done. No EAD yet.

[Crazy Cat 39,226]

1 minute ago, mlong1397 said:

If you come to the US on an ESTA with the purpose to get married, that is visa fraud.

That is not correct. Coming to the US via ESTA for marriage is perfectly legal.   It is fraud to enter the US via ESTA with the intent to stay and adjust status.

[Astrid M 7]

1 minute ago, mlong1397 said:

If you come to the US on an ESTA with the purpose to get married, that is visa fraud. We got married in 2019 abroad. He came to visit me in the US on an ESTA. Was heavily questioned but made it thru. He got here just at the beginning of covid. It was out intention for him to return home after a few months, but with covid we thought that would be seen as a valid reason to change to AOS. Filed for that in June. Just had biometrics done. No EAD yet.

As I understand it, I can enter on an ESTA for marriage as long as I return home. This would be the case for anybody doing destination weddings. As long as I don't enter with the intention to stay/AOS

[Crazy Cat 39,226]

Just now, Astrid M said:

As I understand it, I can enter on an ESTA for marriage as long as I return home. This would be the case for anybody doing destination weddings. As long as I don't enter with the intention to stay/AOS

Correct.

[mlong1397 3]

1 minute ago, Astrid M said:

As I understand it, I can enter on an ESTA for marriage as long as I return home. This would be the case for anybody doing destination weddings. As long as I don't enter with the intention to stay/AOS

Okay, could be, that is just what I had read on other threads but perhaps I wasn't paying attention to the staying or leaving part. I would still think that you have to prove you are leaving and will be questioned more. 

[Astrid M 7]

Just now, mlong1397 said:

Okay, could be, that is just what I had read on other threads but perhaps I wasn't paying attention to the staying or leaving part. I would still think that you have to prove you are leaving and will be questioned more. 

Yeah, I'd bring proof tenancy and employment and other such documentation I think 

[Crazy Cat 39,226]

6 minutes ago, mlong1397 said:

Okay, could be, that is just what I had read on other threads but perhaps I wasn't paying attention to the staying or leaving part. I would still think that you have to prove you are leaving and will be questioned more. 

Everyone who enters as a tourist must be prepared to prove they will return after their visit.  People come to the US to marry all the time.  It isn't just US citizens who marry in Las Vegas.

 

Edited December 19, 2020 by Lucky Cat

[HRQX 4,145]

4 hours ago, mlong1397 said:

Okay, could be, that is just what I had read on other threads but perhaps I wasn't paying attention to the staying or leaving part.

Regardless of what has been stated in threads, the US government has clearly stated that it's legal to marry in the US with ESTA or tourist visa: 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.

[Ed&Midori1031 330]

Absolutely!

[pamala900 33]

On 12/14/2020 at 5:33 PM, 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!

If you want to come on a ESTA and go home and file for a spousal visa, this is legal. But I would not marry and stay in the US, you may have issues here. You will need to go home and then file. 

[HRQX 4,145]

1 hour ago, pamala900 said:

You will need to go home and then file. 

Can also file I-130 during the ESTA visit to start consular processing path:

[Astrid M 7]

1 hour ago, pamala900 said:

If you want to come on a ESTA and go home and file for a spousal visa, this is legal. But I would not marry and stay in the US, you may have issues here. You will need to go home and then file. 

Thanks! This was for sure the plan!

11 minutes ago, HRQX said:

Can also file I-130 during the ESTA visit to start consular processing path:

I didnt know this was a different option! How does it differ from filing back home, please?