Q: When before the wedding should I enter the US with the ESTA Visa if the K1Visa isn't an option because it takes too long
He is an American citizen and I'm Italian living in Germany. We've been together for 5 years and have been engaged since 2020. I've entered the US with the ESTA Visa a couple of times (almost every year since 2017) and my fiancé visited me in Germany a couple of times. We've already booked a venue in California for the 23th July 2023. We wanted to start with the K1-Visa but people told us we're too late and the paperwork wouldn't be ready till the end of July. I was advised to enter the US 120 days before the wedding with the ESTA Visa (which lasts for only 90 days), stay in California until the wedding and then (120 after the entrance) we could get married. Other people told us that I should enter the US and get married within the 90 days of the ESTA Visa. So my question is: When would be the best time to enter the US and then one day get spontaneously married? Should we get married in those 90 days of the ESTA Visa or wait until its expired and a month after that? Thank you so much
A:
Marrying within 90 days on ESTA may be viewed as improper. It would be prudent to marry 90 days after one's entry. Also, that route would be much more expedient in terms of case processing.
However, it goes without saying that a case like that requires a competent immigration attorney handling it to complete the process without any flaws or mistakes.
A: You are intending to get married and adjust status after entering the United States on an ESTA visa. An immigrant entering on an ESTA visa is only allowed to visit temporarily and not intend to remain permanently. While it is possible to do what you plan to do, it is advisable that you retain an immigration attorney to navigate the multiple questions at the interview that you will most likely face regarding preconceived intent.
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