Bellz

Hi guys

I'm hoping some of you can help me figure all of this out.
I'm Irish, living in Dublin and my fiance lives in Texas.

We plan to get married in March.

I have a current ESTA which was only issued in August and I took a two week trip to visit him during Aug/Sept (which is when we got engaged).

I was considering applying for the K-1 visa but I was reading on here that I could go and get married on my ESTA and then apply afterwards - is that the CR-1 visa?

Does that mean id have to leave my husband immediately after we get married or can I stay for a few weeks and begin the process while I'm there?

Any information would be hugely helpful and appreciated!

My nerves are wrecked here!



I'd also like to mention that I've never out stayed a visa in any country, my police records are clean, my new ESTA was issued due to the older one expiring.

lizzyq

Welcome to BE and congratulations on your engagement!

To answer your main question - yes you can go in on the VWP (visa waiver program) using your current ESTA, get married, remain in the USA for up to 90 days after your arrival (as per any VWP trip) and then leave to go back to the UK. While you are in the USA you and your husband can start the visa process by him filing the I-130 form with USCIS. You don't have to be there for that, but you may be happier seeing exactly what get filled in After some months the I-130 will be approved and then in due course you apply for an immigrant visa which will lead to you receiving your green card once you enter the USA using your immigrant visa. The whole process for both K-1 & CR-1 are outlined here: https://britishexpats.com/wiki/Compa...ge-based_visas with details of the CR-1 process here: https://britishexpats.com/wiki/CR-1

What you mustn't do is enter the USA on the VWP with the intent of remaining in the USA to adjust status after your marriage - that is preconceived immigrant intent and is illegal.

Noorah101

If you definitely want to marry in March 2019, the K-1 visa won't work for you, because you won't have the visa by then, due to lengthy processing time.

Rene

Bellz

Thank you guys!

Sorry it took so long to get back to you, been travelling around a bit.

You've made it a lot easier to understand and we know what we need to do now.

So, just one more question - as per ESTA, once I've been in the US, been married and leave within my 90 days, I can return again for a further 90 days, correct?
Is there a period of time between the two trips that I must stay out of the US??

tom169

Couple things: don't plan on staying the 90 days. Aim for around 85 at the most. You don't want to overstay and cause issues.

To reset the clock you must leave to a non adjacent island, aka you can't fly to Canada and back in.

Every time you present yourself at the border you could be denied entry. Typical advice is to spend as much time out as you do in.

civilservant

That might work once, or twice, or not at all. If you are denied entry then you won't be visiting again until the visa has been approved. It's all down to your risk tolerance. I wouldn't plan on more than 1 or 2 trips during the 8-12 month process if I were you.

Certainly don't give the Officer any reason to think you are attempting to live in the US without an appropriate visa to do so.

scrubbedexpat099

I would tend to go for out for twice what you were in.