Q: I want to marry my US partner on an ESTA, then go back to my home country to finish school. Is this ok?
We've been dating almost 3.5 years, and would like to marry to make immigration go smoother. I plan to marry my partner on an up coming trip. After this, I will go back to the Netherlands to finish my study, then apply for an Immigrant visa for a spouse. We want to make sure just an ESTA will work for this.
A: Yes you can enter the US on ESTA , get married to your US Citizen spouse, return to the Netherlands and be sponsored by her for your spousal visa. Consider working with counsel. Some of us charge a very affordable flat fee to handle the case from start to finish.
A:
It's great that you're planning your future together. Marrying your partner while on an ESTA is possible, but there are important considerations. The ESTA is a visa waiver program for short visits, usually for tourism or business, not for immigration purposes. If you enter the U.S. with the intent to marry and then return to your home country, this can be seen as acceptable, as long as you genuinely plan to return and not stay in the U.S. without proper immigration status.
However, be careful with your intentions. U.S. immigration authorities may scrutinize your entry if they suspect you're planning to bypass proper immigration processes. Since you plan to return to the Netherlands to finish school and then apply for a spousal visa, this approach might align with legal expectations, as long as your actions match your stated intentions.
After marriage, you can return home and apply for the appropriate visa to join your spouse permanently in the U.S. This method might help avoid complications, as long as you follow the proper legal channels.
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.