richardjwood

Hello,

Apologies if this is a regularly covered topic, but I was just hoping to get some clarity on something if anyone can help.

I live in the UK and my fiancée is a US citizen living in America. We want to get married in the US next year but have not yet decided if we want to live in the US or the UK afterwards.

While we know it will mean longer apart, we want to apply for a spouse visa in the UK or the US after we are married so to enable whoever moves to be able to be eligible to work from the start.

What I want to be sure on is if it's ok for me to go over on my ESTA for two weeks to get married, but then leave the country a week later so we can put in our spouse visa application - to the UK or US - afterwards. Does anyone know if that's ok and if I'll need anything particular to prove this intent to leave the country soon after the wedding?

Any help greatly appreciated!

sir_eccles

Yes.

In fact it is easier for you to marry as a tourist in the US than it is for your partner to do so in the UK.

ian-mstm

It is perfectly legal to get married in the US while on the VWP (ESTA is simply permission to travel, you actually enter the US on the VWP). You require no extra proof than you would if you were visiting and not getting married.

Note: Unless you are specifically asked by the CBP officer about it, you should not volunteer that you intend to marry. He may suspect that you also intend to stay to adjust status - and refuse you entry... whether that's actually true or not. So, if you can avoid it, it's best not to give him any ammunition from which to draw a false conclusion.

Ian

zzrmark

Just to add...
It was simple getting married in the US (Florida).
We were both required to present ourselves at the courthouse to fill in the paperwork for the licence then had to leave it a minimum of 3 days before finding a notary to sign the licence (you could return to the courthouse and have them sign it but we did it a little more formally).

If you decide to marry in the US and are there for a fortnight only I'd recommend you both visit the courthouse at the earliest possible opportunity after landing!!

ian-mstm

Requirements differ by state. Sheila and I were married in Tennessee... we got the license at the clerk's office in the morning, and were married that afternoon. No waiting period, no notary.

Ian

Colorado calling

In order to provide specific information as to the time period required, we would need to know which state you are planning on getting married in. People go there to get married all the time. Just look at Las Vegas!

We got married in Washington state (as hubby was working there at the time). Washington has the three-day waiting period that some states have. I arrived on the Tuesday, we got the licence Wednesday morning and were married on the Saturday. I came home on the Tuesday. I did not mention it to the CBP officer when I arrived. But he didn't ask if I was getting married. Never volunteer additional information.

msjh

Yep, we also married while my now husband was here in the US on the VWP. He told the CBP he was here to visit, because he was, and just left off the bit about intending to get married.

And in this state we were able to get our marriage certificate and walk across the street to the courthouse and marry immediately. Which is funny because it takes a full year to get divorced.

Harveyspecter

My wife and I in your situation did this exact same thing and it was no problem at all. However be prepared for lots of time spent on Skype while your respective Visa is processed!

As with Colarado Calling, I got married in WA so there was the 3 day wait but no big deal.

Pulaski

If your fiancé(e) is in the US, you should bring the best evidence you can that shows you are intending to leave the US again, ideally a letter from your employer on headed paper stating when you are expected back at work, and a current mortgage or rental agreement. Neither are undoubted proof that you will definitely leave, but then there is nothing that proves that anyway.
This is the most important advice in this thread. DO NOT volunteer that you will be getting married. Unless you are directly asked "Will you be getting married during this visit?" (or similar), avoid any answer that mentions getting married.

richardjwood

Thanks very much everyone.

Can I ask how long your spouse visa took to come through please? We haven't totally ruled out the idea of a fiancee visa yet, but I think we would need to decide and act pretty soon if we wanted to do that.

ian-mstm

Both the spouse and fiancée visa take roughly 8-10 months. All else being equal, the spouse visa is superior because you will become a US permanent resident (=green card) on entry to the US and can work from day one! You can't start a spouse visa until after you're married. The fiancée visa is a bit more expensive overall but can be started sooner because the USC can file the I-129F petition today, but you won't have employment authorization for about 3-4 months after entry.

Ian

scrubbedexpat099

Spousal visa nearer a year best guess, K1 quicker.

If I had my time again when visiting on the VWP I would have changed my mind and adjusted.

dj6372

I got married on an ESTA 5 years ago in Chicago its very easy

The Spousal Visa took 12 months