Q: Can I travel to th US on an ESTA, get married to US citizen, apply for i-130 while there and leave before my 90 day EST
I am trying to figure out if K1 or CR1 is best/quickest way to proceed as I plan to start work on medical residency programme in July 2025. Do I need to tell border officer I plan to marry on ESTA? I am concerned if I am breaking ESTA rules by going there and getting married and then applying for cr1/i-130 while still in the US, then leave before 90 day ESTA period ends. I do not intend to apply for adjustment of status while there on ESTA.
A: Entering the U.S. on an ESTA with the intent to marry and then adjust status can be viewed as visa fraud, which carries serious consequences. You can, however, enter on an ESTA, marry, and then leave the U.S. before your 90 days expire without adjusting status, but it's crucial to be transparent with immigration officials about your intentions. The K-1 or CR-1 visas are generally the appropriate channels for those intending to marry and then reside in the U.S.
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