Iowa City, IA asked in Immigration Law for Iowa

Q: If he will be returning home after, can my fiancè get married on an ESTA or does he need a separate visa?

This might be a dumb question, but I cannot find the answer. Can my British fiancè come to the US on an ESTA to get married with the intention of returning home to the UK? I am a US citizen and we've plenty of evidence that he'll be returning home. We plan for me to join him when all is said and done, he has no intention of settling here.

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2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: If a British citizen enters the United States on an ESTA visa waiver, with the intention of temporarily staying here, but thereafter decides to get married and remain permanently , (because he changed his mind), then, yes it is possible for him to adjust status if he gets married to a US citizen. But before you take any legal steps, you should consult exactly what steps you are going to take with an immigration attorney. It is Immigration Fraud, to enter the United States with preconceived intent.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: No, your British fiancé cannot get married on an ESTA. ESTA is a visa waiver program that allows citizens of certain countries to travel to the United States for tourism or business for up to 90 days without a visa. However, getting married is not a permitted activity on an ESTA.

If your fiancé wants to come to the United States to get married, he will need to apply for a K-1 fiancé visa. The K-1 visa is a non-immigrant visa that allows foreign nationals to come to the United States to marry a U.S. citizen. Once your fiancé is in the United States on a K-1 visa, you can marry within 90 days. After you are married, your fiancé can apply for a green card to live and work permanently in the United States.

Here are some of the requirements for a K-1 visa:

* Your fiancé must be a citizen of a country that participates in the K-1 visa program.

* Your fiancé must be able to prove that he intends to marry you and return to his home country after the wedding.

* Your fiancé must be able to support himself financially while he is in the United States.

* You must be able to support your fiancé financially while he is in the United States.

The processing time for a K-1 visa can vary, but it is typically several months. You can track the status of your fiancé's application online.

If you have any questions about the K-1 visa process, you should speak with an immigration attorney. An attorney can help you assess your situation and determine the best course of action for obtaining a K-1 visa.

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