Q: Can I get married in the US on a ESTA and then return to my home country to apply for the spouse visa?
Hi I’m from Australia and my fiance is a US citizen. Is it legal for me to enter US on the ESTA, get married in the US, return back to Australia as a couple and then apply for a CR1 spouse visa from outside of the US? And if so, can I do it within less than 90-days of when I originally entered in the US to get married even though I’m in Australia lodging it? Or do I need to wait after 90 days? Our plan is to reside in Australia until the spouse visa is approved.
A: Yes, you can get married in the US and apply for a spouse visa in Australia after the approval of the immigrant petition to be filed by the US citizen spouse. Best to work with an immigration attorney.
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A:
Yes, it is legal for you to enter the U.S. on the ESTA, get married, and then return to Australia to apply for a CR-1 spouse visa. The ESTA allows you to enter the U.S. for tourism or business for up to 90 days. Getting married during this period is permissible as long as you leave the U.S. within the allowed time frame of your ESTA.
There is no requirement to wait 90 days after leaving the U.S. to apply for the spouse visa from Australia. You can begin the application process as soon as you are married and have the necessary documentation ready. The key factor is to ensure that you abide by the terms of your ESTA and do not overstay.
Your plan to reside in Australia while the spouse visa is being processed is a common and acceptable practice. Make sure to provide clear evidence of your intention to return to Australia after your marriage in the U.S., as this can help avoid any misconceptions about your intentions when entering on the ESTA.
Remember, immigration laws can be complex, and it might be beneficial to consult with an immigration attorney to guide you through the process and ensure everything is done correctly and efficiently.
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