Hanesman

As the title states, my fiancée is a UK citizen currently holding an ESTA visa a British passport of course. I am a US citizen currently in the UK as well as a student. My fiancée is also a student. We both plan on returning to the US, specifically Florida, for 8 weeks over the coming summer to visit my family. But while doing so, we plan on getting married. Afterward, we will return to the UK to continue our studies. My fiancée graduates next year and subsequent to that we also plan on returning to the US permanently as a married couple.

She obtained her ESTA last year prior to visiting the US with me for the first time.

We are not using the ESTA for the sole purpose of marrying as this would breach the conditions of the ESTA. However, is the marriage of a US citizen and a foreign UK national on a ESTA visa still possoble? If so, I have several questions regarding this:

1. Will my fiancée or I be asked any questions by an immigration officer with regards to our length of stay or intentions?

2. How long does the process of a non-ceremonial marriage in the states typically take? Seeing as how my fiancée and I initially intended on marrying here in the UK via the same path, I was required to give 70 days notice. Will my fiancée be required to do something similar? Does this depend on the state?

3. Since we will be in Florida for 8 weeks, is this adequate time to sort everything out? Give notice, get married, obtain a marriage license and certificate, and return to the UK?

4. Will my fiancée need to apply for some sort of visa (K1/CR-1?) during her stay in Florida so that it can process while she is in the UK after our vacation in order for her to legally move to the US permanently with me next year?

5. My fiancée and I will not be financially independent. When we move to the US permanently we will be staying with my parents who will act as our financial dependents. How would this tie in to applying for any sort of visa or perhaps the marriage?

6. Other than the usual legal documentation such as passport, birth certificate, etc., would my fiancée or I be required to provide any other evidence of something prior to marrying or applying for a visa?

civilservant

1. Almost certainly, since EVERY visitor to the US is asked the purpose of their visit. Do not volunteer information. 'Why are you coming to the US' - 'To visit family'

2. Depends on the state. In SC, no notice was required. In GA, I had to wait 3 days to get the marriage license. It's not anywhere near as long as in the UK.

3. I would say yes, but again, state dependent.

4. CR1 will be the appropriate visa, but this can be done after you have returned to the UK, there is no benefit to doing it 'in country' versus back in the UK. Expect it to take 12-18 months to get the visa in hand.

5. The intending immigrant will need a sponsor. That is you, regardless of if you qualify or not. If you don't, you will need a joint sponsor. No sponsor, no visa. See the I-864 for more information.

6. State dependent. I had to provide proof of my SSN, or that I was not entitled to one.

Getting married on an ESTA (actually the Visa Waiver Program, but I digress) is perfectly allowable. I did it, many others on BE did it. The illegality is if you enter the US as a tourist, when your intention is to remain and adjust your status.

Don't do this.

Hanesman

Is there an option to expedite the application? We would return to the UK in August. However, we would need to leave for the US by early September next year at the latest as I have to transfer to my local university back home in September.

And would applying for it earlier when we are in the states not allow for us to receive it sooner in the same timeframe?

I assume my parents will be joint sponsors as they are the ones on whom we are financially dependent.

Ok. I see that all my fiancée will need at the moment is a valid passport and possibly her birth certificate.

Yes, this is not our intention. She will be required to return to the UK to finish her studies anyway.

civilservant

scrubbedexpat099

If you are resident in the UK currently there currently is an option to file directly with the Consulate, sounds like it is going away.

civilservant

I didn't mention DCF because they specifically mentioned August. It will be gone as an option by then.

Noorah101

If they get married in August 2019 and file the I-130 ASAP in the USA, it's possible they could move to the USA in Sept 2020 or soon after that.

Rene