Q: Marrying on an ESTA but not staying in the country?
I'm planning on marrying a british citizen and moving to the U.k., and we're hoping to get married here in the US before he leaves and I join him later. Do we have to get him an actual visitor visa or is an ESTA enough for a courthouse wedding?
A:
Under California law, a British citizen can enter the United States using the Electronic System for Travel Authorization (ESTA) for the purpose of getting married, provided the stay is short and the intention to leave the U.S. after the ceremony is clear. The ESTA allows visitors to stay for up to 90 days, which is generally sufficient for a courthouse wedding.
It's important to ensure that all marriage requirements are met, including obtaining a marriage license from the county clerk's office. Remember, the ESTA is for visitors who plan to leave the U.S. shortly after their visit. Staying beyond the authorized period or attempting to change status while on an ESTA can lead to complications with U.S. immigration authorities.
After the marriage, when preparing to move to the U.K., you'll need to follow the British immigration process. This is separate from U.S. immigration rules and focuses on your status as a spouse of a British citizen. Be sure to check the requirements set by the U.K. government for joining your spouse.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
