Future Spouse Entering the USA with ESTA to get Married

[Pumpkin25 0]

Hello All,

 

I wanted to ask this question in this forum. Hopefully someone can help. My boyfriend who is a Spanish citizen is planning on visiting the USA on his ESTA this April. He has permission to enter the USA, visa-free and stay for a total of 90 days. We are planning on him proposing to me and then doing a civil marriage while he is here. What should his response be if the border agent asks what his intentions/purpose of traveling will be? I don’t want them to deny his entry in any way or think he’ll be staying here illegally without going through the proper channels to live and work in the USA legally first. Please advise. Thank you. 

Edited February 21, 2022 by Kari D

[SalishSea 18,465]

6 minutes ago, Kari D said:

Hello All,

 

I wanted to ask this question in this forum. Hopefully someone can help. My boyfriend who is a Spanish citizen is planning on visiting the USA on his ESTA this April. He has permission to enter the USA, visa-free and stay for a total of 90 days. We are planning on him proposing to me and then doing a civil marriage while he is here. What should his response be if the border agent asks what his intentions/purpose of traveling will be? I don’t want them to deny his entry in any way or think he’ll be staying here illegally without going through the proper channels to live and work in the USA legally first. Please advise. Thank you. 

Is he planning to return to Spain to wait out the spousal visa process?

[millefleur 5,052]

**Moved from  IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to  IR-1 / CR-1 Spouse Visa Process & Procedures**

[arken 4,199]

24 minutes ago, Kari D said:

What should his response be if the border agent asks what his intentions/purpose of traveling will be?

Respond truthfully.

[Dashinka 25,878]

47 minutes ago, Kari D said:

Hello All,

 

I wanted to ask this question in this forum. Hopefully someone can help. My boyfriend who is a Spanish citizen is planning on visiting the USA on his ESTA this April. He has permission to enter the USA, visa-free and stay for a total of 90 days. We are planning on him proposing to me and then doing a civil marriage while he is here. What should his response be if the border agent asks what his intentions/purpose of traveling will be? I don’t want them to deny his entry in any way or think he’ll be staying here illegally without going through the proper channels to live and work in the USA legally first. Please advise. Thank you. 

He should tell the truth to CBP when he requests to enter the country.

[Pumpkin25 0]

50 minutes ago, Jorgedig said:

Is he planning to return to Spain to wait out the spousal visa process?

Yes, he is planning to return to Spain after the ceremony. 

[Dashinka 25,878]

1 minute ago, Kari D said:

Yes, he is planning to return to Spain after the ceremony. 

Then when he comes to the US, he should bring proof of his ties to Spain that show he is going to return.

[Rocio0010 5,732]

Rule number 1 with CBP: always be honest. If asked, he should say he’s coming to get married. Also he should state that he’s leaving to start the spousal visa process.

Rule number 2: when entering on a tourist visa, show ties to your home country 

[Pumpkin25 0]

41 minutes ago, Dashinka said:

Then when he comes to the US, he should bring proof of his ties to Spain that show he is going to return.

Okay, what kind of proof would he need? Is a return ticket and his Spanish passport sufficient evidence? 

[Pumpkin25 0]

35 minutes ago, Rocio0010 said:

Rule number 1 with CBP: always be honest. If asked, he should say he’s coming to get married. Also he should state that he’s leaving to start the spousal visa process.

Rule number 2: when entering on a tourist visa, show ties to your home country 

Okay, thank you for your reply. What kind of proof does he need to show he’s leaving to start the spousal visa process and ties to his home country? 

[pushbrk 13,611]

1 hour ago, Dashinka said:

Then when he comes to the US, he should bring proof of his ties to Spain that show he is going to return.

Yes, but truth, in this context does not mean he must provide a full itinerary of each and every activity he has in mind.  As such, a generic truth, such as, "On Holiday" or "visiting friends" , or "pleasure trip" is usually sufficient.  A person is not required to mention they might attend a wedding, even their own wedding, any more than they are required to mention they might visit a public library.  As long as he returns to Spain as planned, there is not need to mention proposal and marriage in his answer.  A more generic truthful answer will do nicely.  

 

The OP mentions the 90 day allowed visit.  If he's really planning to stay 90 days, he should be ready to show evidence he can afford to be off work that long and that he has a job in Spain to return to.  For shorter "vacation like" itineraries, or during school holidays/breaks  it's not such an issue.

[Pumpkin25 0]

4 minutes ago, pushbrk said:

Yes, but truth, in this context does not mean he must provide a full itinerary of each and every activity he has in mind.  As such, a generic truth, such as, "On Holiday" or "visiting friends" , or "pleasure trip" is usually sufficient.  A person is not required to mention they might attend a wedding, even their own wedding, any more than they are required to mention they might visit a public library.  As long as he returns to Spain as planned, there is not need to mention proposal and marriage in his answer.  A more generic truthful answer will do nicely.  

 

The OP mentions the 90 day allowed visit.  If he's really planning to stay 90 days, he should be ready to show evidence he can afford to be off work that long and that he has a job in Spain to return to.  For shorter "vacation like" itineraries, or during school holidays/breaks  it's not such an issue.

This helps a lot, thank you! 

[Nektopolos 2]

Being able to show ties back home, job, place to live and a return ticket for a date prior to the 90 day visa is up. My spouse and I did this back in Aug. 2017 and there was no problem as long as they returned be the 90 days was up, the were no problems with questions ect. ect. but remember if they pull him into secondary and go through his belongings and find your ring it will look bad.

[Soup Dragon 104]

19 hours ago, Pumpkin25 said:

Hello All,

 

I wanted to ask this question in this forum. Hopefully someone can help. My boyfriend who is a Spanish citizen is planning on visiting the USA on his ESTA this April. He has permission to enter the USA, visa-free and stay for a total of 90 days. We are planning on him proposing to me and then doing a civil marriage while he is here. What should his response be if the border agent asks what his intentions/purpose of traveling will be? I don’t want them to deny his entry in any way or think he’ll be staying here illegally without going through the proper channels to live and work in the USA legally first. Please advise. Thank you. 

Permission to stay and the length of that stay will be determined by the CBP officer on arrival.    ESTA does not guarantee entry to the USA.