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I am told getting married in the usa on ESTA is illegal (even if I intend to go back home)?

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Title. I am in a fb group for ppl who moved to usa and I asked a question about paperwork, however everyone is grilling me over me getting married in the states being illegal eventhough I clearly stated that I will be going back home before the 90 day period and well be doing CR1 visa (we wanna send out the I130 while Im still there though). I really dont think what I plan to do is wrong, I do think those people are wrong, but just to make sure.. is it ok or not?

Thank you

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1 minute ago, Tereza said:

Title. I am in a fb group for ppl who moved to usa and I asked a question about paperwork, however everyone is grilling me over me getting married in the states being illegal eventhough I clearly stated that I will be going back home before the 90 day period and well be doing CR1 visa (we wanna send out the I130 while Im still there though). I really dont think what I plan to do is wrong, I do think those people are wrong, but just to make sure.. is it ok or not?

Thank you

It is legal to marry in the USA on the VWP and return home. Remaining after the marriage and adjusting is not. However, there is the question of if you will be successful in doing so. You certainly don't want to lie to immigration officials about your intentions, and there are some that may view you suspiciously or that your intentions are not honest. It is always best that you bring proof of strong ties to returning home to offer as evidence if questioned. People can and do get married in the USA all the time. Have these people never heard of destination or vacation weddings?

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11 minutes ago, yuna628 said:

. Have these people never heard of destination or vacation weddings?

Probably not. I asked about what documents I need in order to get married in the states (I will probably ask here instead) and all answers I got are about how it is illegal and how I should do the K1 visa, becaue that is the only correct thing to do (according to them). It is mildly frustrating, because I know I am right, yet I am getting lectured like a little kid. Anyways, I just wanted to make sure I am not crazy lol. Thank you and have a nice day.

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15 minutes ago, Jorgedig said:

Doing what you are describing is legal.  Staying to adjust status instead of returning home is not.

Thanks. Ive been trying to explain that to them (all women from my country who moved to the usa) and Im being told Im wrong and that what Im doing is going to get me in trouble. So I just wanted to make sure :) Cheers

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37 minutes ago, Tereza said:

Title. I am in a fb group for ppl who moved to usa and I asked a question about paperwork, however everyone is grilling me over me getting married in the states being illegal eventhough I clearly stated that I will be going back home before the 90 day period and well be doing CR1 visa (we wanna send out the I130 while Im still there though). I really dont think what I plan to do is wrong, I do think those people are wrong, but just to make sure.. is it ok or not?

Thank you

 

Are you currently IN or OUT of US?

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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3 minutes ago, Timona said:

 

Are you currently IN or OUT of US?

Out. I will be travelling (probably through 15 days i mexico) in mid June. We wanna get married early July, get all the paperwork sorted out, send out I130 asap and Ill go home early september and wait.

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1 hour ago, Tereza said:

Out. I will be travelling (probably through 15 days i mexico) in mid June. We wanna get married early July, get all the paperwork sorted out, send out I130 asap and Ill go home early september and wait.

 

Proceed. 

Curious: Why are you going to Mexico? Quarantine? Do travelers from your country still need to do this?

 

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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2 minutes ago, Timona said:

 

Proceed. 

Curious: Why are you going to Mexico? Quarantine? Do travelers from your country still need to do this?

 

Thank you. And yes, Im in the Czech republic and the EU/UK travel ban is still on. I am still a little hopeful that itll get lifted before I go as the Mexico trip will be quite expensive for me (I just finished school ... ), but I expect to have to go there in the end.

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3 hours ago, Tereza said:

Thanks. Ive been trying to explain that to them (all women from my country who moved to the usa) and Im being told Im wrong and that what Im doing is going to get me in trouble. So I just wanted to make sure :) Cheers

 

3 hours ago, Tereza said:

Title. I am in a fb group for ppl who moved to usa and I asked a question about paperwork, however everyone is grilling me over me getting married in the states being illegal eventhough I clearly stated that I will be going back home before the 90 day period and well be doing CR1 visa (we wanna send out the I130 while Im still there though). I really dont think what I plan to do is wrong, I do think those people are wrong, but just to make sure.. is it ok or not?

Thank you

Marriage requirements are a state issue.   50 states , 50 possibilities.   Just look to the location you plan to marry for that states requirements.  Most is simply a valid ID.

YMMV

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US ia  wedding destination, Las Vegas?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, Tereza said:

Probably not. I asked about what documents I need in order to get married in the states (I will probably ask here instead) and all answers I got are about how it is illegal and how I should do the K1 visa, becaue that is the only correct thing to do (according to them). It is mildly frustrating, because I know I am right, yet I am getting lectured like a little kid. Anyways, I just wanted to make sure I am not crazy lol. Thank you and have a nice day.

Depending on the state where you will be married, there are very few requirements.  You can use your passport as ID.  You and your BF will have to apply for a marriage license (used to always be in person - with COVID you'll need to look at that).

 

Each state will have its own rules around when the marriage can occur in relation to obtaining the license.  For example, here in Washington state, it is a three day wait.

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Filed: Citizen (apr) Country: Belgium
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If it puts your mind at ease... I entered the US using the ESTA and got married myself back in 2017. I also left at the time and started the IR-1 process one year later (while in the US as it made doing the paperwork together easier, once again leaving after). You'll be fine, what you are intending to do is fully legal.

Edited by Megadreams
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