Pottsville, PA asked in Immigration Law for Pennsylvania

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?

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2 Lawyer Answers

A: ESTA is okay if you guys are moving to the UK

James L. Arrasmith
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Answered

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.

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