Q: Can my fiance from the UK get married to me in the US and adjust her status with ESTA?
A:
A non-immigrant visa waiver applicant at the airport who has immigrant intent should be denied admission as a matter of law. To better understand the legal process, I strongly recommend an appointment with a competent, ethical, and experienced immigration attorney before you take any further action.
The lawful means to take action once you are engaged is to apply for the K1 fiancé visa.
A: Entering the US on an ESTA with the intent to marry and adjust status can be viewed as visa fraud by immigration authorities. If someone enters the US with the intention of getting married and staying permanently, the appropriate visa to seek is the K-1 fiancé(e) visa. If someone marries in the US while on ESTA and then tries to adjust status, they risk denial and potential bars to future entry.
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