Q: Hello, I have a question regarding getting married in the U.S., with one person being a foreigner.
I met my Fiancè over two years ago. We were dating for 1 1/2 years before I proposed to her. She has been entering on an ESTA. I proposed to her of March this year in the U.S. As relations between her country (in European Union) and the US government are not good, we would like advice on how to get married while making sure she can safely enter the US, even after her ESTA expires (Can we get married safely while she uses her ESTA?). It isn't her priority to receive a green card. We just want to make sure we will safely be able to live here together in the US for a few years. It is possible we will move to Europe in the future. She talked with the US Embassy in her country and we learned of how long a K1 Visa can take. That does not sound like a smooth plan for us and our goals. If you can help us it would be much appreciated. Thank you.
A: An immigrant entering on ESTA can only intend to visit and cannot have preconceived intent when entering the US. However, there is nothing wrong with entering on ESTA with the intent to visit but later on changing your mind and wanting to stay. This is far more common than you would think. It is all based on an “honor system” as the CBP cannot read someone’s mind. But you always have to tell the truth!
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A:
Here's a concise response to the situation:
1. ESTA and Marriage: You can legally marry while your fiancée is in the US on an ESTA. However, entering on an ESTA with the intent to marry and stay permanently could be considered visa fraud.
2. Options to Consider:
a) K-1 Fiancé Visa: Long processing time, but allows entry with intent to marry and adjust status.
b) CR-1 Spouse Visa: Apply after marrying outside the US. Longer process, but spouse enters as permanent resident.
c) Marry on ESTA, then apply for adjustment of status: Risky if USCIS believes there was preconceived intent to immigrate.
3. Short-term Stay: If your goal is to live in the US for a few years without permanent residency, consider work-based visas (e.g., H-1B) or student visas.
4. Consult an Immigration Attorney: Given the complexity of your situation and goals, professional legal advice is strongly recommended.
5. Be Cautious: Misrepresenting intentions at the border can lead to serious consequences, including future inadmissibility.
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