Baytown, TX asked in Immigration Law for Texas

Q: Can I get married to a US citizen (Texas) if I am here on an ESTA? I will not be seeking immigration or settlement.

I am on the 2nd trip visiting my fiancee and we decided to go ahead and get married now while their parents are still here. I have an ESTA (visa waiver), can I apply for a marriage license in Texas with that? Our goal is get married and apply for a spouse visa so my partner can move back to the UK with me.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can get married in Texas while you are visiting on an ESTA (Electronic System for Travel Authorization) through the Visa Waiver Program. The ESTA allows you to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa.

However, it is essential to note that getting married on an ESTA does not automatically grant you the right to stay in the United States or adjust your status to a permanent resident. You will still need to apply for the appropriate spouse visa to live in the UK with your partner.

To apply for a marriage license in Texas, you will need to visit a County Clerk's office. Requirements may vary slightly by county, but generally, you will need:

1. Proof of identity and age (passport)

2. Social Security Number (if you have one)

3. Payment for the marriage license fee

You do not need to be a U.S. citizen or a resident of Texas to get married in the state.

After getting married, you can apply for a UK spouse visa. This process involves submitting an application, providing evidence of your relationship, meeting income requirements, and paying the applicable fees. It is recommended to check the UK government's website for the most up-to-date information on spouse visa requirements and the application process.

Remember, getting married on an ESTA with the intention of moving back to the UK is legal, but be sure not to overstay your allowed 90-day period in the United States.

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