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

[DDB 0]

On 5/17/2021 at 2:06 PM, 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.

I married in usa and went back home, but i let my husband send off the package couple days after i was back in my home country... i dated all documents for that date as well.  Technically you are not to plan to get married in usa but if you happen to come and get married on a whim that is ok. They could ask you about it even if you file outside... be mindful of that 

[Crazy Cat 39,279]

11 minutes ago, DDB said:

Technically you are not to plan to get married in usa

That is not accurate.  Many, many couples come to the US for a planned marriage (Las Vegas is a popular spot for destination wedding. ).   They then leave the US at the end of their visit.  Nothing illegal about planning to marry in the US.  However, it is illegal to enter the US via a non-immigrant route with the intent to marry, stay and file for adjustment of status.

Edited May 24, 2021 by Lucky Cat

[DDB 0]

16 minutes ago, Lucky Cat said:

That is not accurate.  Many, many couples come to the US for a planned marriage (Las Vegas is a popular spot for destination wedding. ).   They then leave the US at the end of their visit.  Nothing illegal about planning to marry in the US.  However, it is illegal to enter the US via a non-immigrant route with the intent to marry, stay and file for adjustment of status.

I am not speaking of being illegal, but there are risk if you are marrying a us citizen that you plan to later file with... it may not be an issue but people need to be mindful that it could be questioned later in the process. In my case it was not. Also it is not something to announce to the immigration officer travelling in because they can suspect and not land you. Please refer to this article.

https://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html#:~:text=If You Want to Simply,is a risk-free strategy.

 

[DDB 0]

Just now, DDB said:

I am not speaking of being illegal, but there are risk if you are marrying a us citizen that you plan to later file with... it may not be an issue but people need to be mindful that it could be questioned later in the process. In my case it was not. Also it is not something to announce to the immigration officer travelling in because they can suspect and not land you. Please refer to this article.

https://www.alllaw.com/articles/nolo/us-immigration/can-you-get-married-visitor-visa.html#:~:text=If You Want to Simply,is a risk-free strategy.

 

 

22 minutes ago, Lucky Cat said:

That is not accurate.  Many, many couples come to the US for a planned marriage (Las Vegas is a popular spot for destination wedding. ).   They then leave the US at the end of their visit.  Nothing illegal about planning to marry in the US.  However, it is illegal to enter the US via a non-immigrant route with the intent to marry, stay and file for adjustment of status.

I married in the usa and i was from barbados and my husband us citizen. I just ask that she or he be mindful that announcing these things to the officer could go the other way... having a visa does not mean you will be allowed entry or having to convince the officer you plan to leave to file for cr1.

[Crazy Cat 39,279]

19 minutes ago, DDB said:

Also it is not something to announce to the immigration officer travelling in because they can suspect and not land you

If asked about the purpose of the visit, a person must truthful....

[Boiler 43,452]

8 minutes ago, payxibka said:

Really?  I don't believe that is a correct statement 

It isn't.

 

[Crazy Cat 39,279]

18 minutes ago, Sartre said:

I expected each one to have been arrested and thrown out of the country soon after they applied for the green card.

That is because intent is determined at POE, not later. 

[Paul Hanaki 68]

5 minutes ago, Boiler said:

It isn't.

 

USCIS Policy Memorandum - U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS

[payxibka 10,044]

3 minutes ago, Paul Hanaki said:

Adjusting on a B2 visa is a lot more simpler then coming in on ESTA. https://www.hooyou.com/i-485/vwp-filing-memo.html  

 

Denied Applications A VWP overstay whose case is denied by USCIS has no appeal rights and may not be placed in removal proceedings before an immigration judge. There is, however, an exception for cases filed within the jurisdiction of the Ninth Circuit.10 A VWP overstay who is an immediate relative and whose Form I-485 was filed within the 90-day period of admission within the jurisdiction of the Ninth Circuit is entitled to be placed in removal proceedings under INA section 240 should the adjustment application be denied by USCIS. In such cases, USCIS will refer the case to ICE for its consideration. USCIS may also issue an NTA before referring a Ninth Circuit case to ICE, if doing so is consistent with USCIS guidance on NTA issuance.

This is what you are using as evidence that you cannot adjust from VWP (not ESTA as you keep referring to it as).  That's quite comical. 

[Sartre 123]

2 minutes ago, Lucky Cat said:

That is because intent is determined at POE, not later. 

 

2 minutes ago, Lucky Cat said:

That is because intent is determined at POE, not later. 

Why wouldn't they have rejected them as soon as they applied?  Each one came on a tourist visa, got married within the ninety days, overstayed their visa and then they applied for adjustment.  Why wouldn't at that point USCIS say, that each one violated their tourist visa and also did not return to their country of origin.

[Boiler 43,452]

1 minute ago, Paul Hanaki said:

USCIS Policy Memorandum - U.S. Immigration and Customs Enforcement (ICE) has authority to order the removal of a VWP overstay, including an immediate relative, under INA section 217(b) and 8 CFR 217.4(b). Numerous courts of appeals agree that, generally, a VWP overstay may not contest a removal action on the basis that he or she has filed Form I-485.6 However, these cases concern only the individual’s inability to contest removal. They do not address whether the Department of Homeland Security (DHS) can, as a matter of discretion, decline to seek the individual’s removal and grant adjustment if the individual is eligible. Nor do these decisions preclude a VWP overstay who is not subject to a removal order from filing a Form I-485 with USCIS. Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS

And?

[Paul Hanaki 68]

2 minutes ago, payxibka said:

This is what you are using as evidence that you cannot adjust from VWP (not ESTA as you keep referring to it as).  That's quite comical. 

Under the Visa Waiver Program (VWP) nationals of certain “low risk” countries are allowed to travel to the U.S. without a visa. These individuals register with the online Electronic System for Travel Authorization (ESTA) before traveling to the U.S. Most people use the terms ESTA and VWP interchangeably.

[Boiler 43,452]

2 minutes ago, Sartre said:

 

Why wouldn't they have rejected them as soon as they applied?  Each one came on a tourist visa, got married within the ninety days, overstayed their visa and then they applied for adjustment.  Why wouldn't at that point USCIS say, that each one violated their tourist visa and also did not return to their country of origin.

Because it is allowed.

[Crazy Cat 39,279]

Just now, Sartre said:

 

Why wouldn't they have rejected them as soon as they applied?  Each one came on a tourist visa, got married within the ninety days, overstayed their visa and then they applied for adjustment.  Why wouldn't at that point USCIS say, that each one violated their tourist visa and also did not return to their country of origin.

There is no 90 day rule for USCIS.  The key is intent.  Intent is determined when the person enters the US.  It is visa fraud to enter the US via a tourist visa with the intent to stay and adjust status. 

[Boiler 43,452]

Just now, Paul Hanaki said:

Under the Visa Waiver Program (VWP) nationals of certain “low risk” countries are allowed to travel to the U.S. without a visa. These individuals register with the online Electronic System for Travel Authorization (ESTA) before traveling to the U.S. Most people use the terms ESTA and VWP interchangeably.

I don't.