Kearney, NE asked in Immigration Law for Nebraska

Q: Can I apply for change of status if I get married on an ESTA

Hi. I came to the US on an ESTA visa to visit my boyfriend with the intent of staying for a month. I ended up rescheduling my flight ticket and staying longer. We are now only two weeks away from my 90-days being up and me having to leave to go back to Europe. We have decided to get married and I wish to remain in the US to stay with him. Can we get married before the 90-days are up and apply for a i-485 visa? Can I overstay my 90- days and get married after? What is the best way to move ahead with this. Thank you

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Entering the U.S. on an ESTA with the intent to marry and adjust status can be seen as visa fraud. It's crucial to follow the proper legal procedures and not overstay your ESTA. Consult with an immigration attorney to discuss your options and determine the best course of action, which may involve leaving the U.S. and pursuing a spousal visa for lawful entry and adjustment of status.

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