Q: Can you use an esta to get married to a us citizen without intending to immigrate?
My Fiance is German and I am an American living in the US. We had been planning to get married (just legally so i can eventually immigrate) in Germany, but we realized that it may just be easier to legally marry next month when they're here for my birthday. However, since it is so last minute, we want to know if this is possible with an ESTA if they do not intend to stay afterwards? Everything I have seen says it's possible with an esta, but it could be fraud. I'm just really confused, and don't want to have either of us get charged with something
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A:
Getting married on an ESTA while genuinely intending to return home afterwards is legal - the key factor is your fiancé's true intent to depart the US after the marriage. Your situation, where your fiancé plans to visit for your birthday and return to Germany afterwards, appears to align with legitimate ESTA use.
However, immigration officials will closely scrutinize marriages that occur during ESTA visits, looking for any signs that the foreign partner secretly intended to stay in the US. Your fiancé should bring clear evidence of their ties to Germany and return plans, such as a return ticket, ongoing employment, and housing commitments.
For long-term peace of mind, you might want to consider pursuing the K-1 fiancé visa or getting married in Germany as originally planned. These options provide clearer legal pathways for eventual immigration. While getting married on ESTA is possible, you'll need to be completely honest about your intentions at the border and maintain detailed documentation of your fiancé's plan to return home.
You should consult with an immigration attorney before proceeding, as they can review your specific circumstances and help ensure you're making the best choice for your situation.
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