slinkyuk76

Hi,

My partner (American) and myself (British) plan on marrying in New York next May, we are both female. Could you give me some advice on whether or not I need to fill out anything extra to do this. I will visiting on an ESTA visa and staying for a month. Also do you know whether this could affect future visits to america after we are married?

Many thanks

Noorah101

Since the US Federal government does not recognize same-sex marriages, it will not affect future visits to the USA.

Rene

Noorah101

See here: http://www.cityclerk.nyc.gov/html/ma...ples_faq.shtml

Rene

slinkyuk76

Thank you Noorah.

I have heard previously though that if I were to apply for a tourist visa this could affect my application in the interview.

Noorah101

Why would you apply for tourist visa (B-2) when you're eligible to use the VWP?

Being married to your partner will not affect future VWP visits.

If you were thinking of applying for a B-2, don't bother. It's very difficult to get a B-2 visa if you are eligible to use the VWP. Your marriage has nothing to do with that, it goes for everyone. And if you do apply for a B-2, and it gets denied, it affects your VWP eligibility for some time. Better to just continue visiting on the VWP.

Rene

slinkyuk76

Thanks again,
I was just wondering about the B-2 visa thing, in case I wanted to stay longer on another visit.

Just another query, is it perfectly legal to marry on an ESTA visa, I found mixed answers for this on other forums.

Thanks.

Noorah101

For all intents and purposes, if you are eligibile to use the VWP, you will find it nearly impossible to get a B-2 visa, so plan your VWP trips spaced accordingly so that you're not spending too much time in the USA.

Yes, it's perfectly legal.

Rene

jeffreyhy

You will not be visiting on a visa, you will be visiting on the Visa Waiver (no visa required) Program. Probably not. As Rene noted, same-sex marriage does not provide a basis for immigrating to the USA. Regards, JEff

jeffreyhy

The 90-day stay allowed by the VWP isn't long enough? 90 days is longer than most people could be away from their home. What would make it difficult for you to get a B2 visa isn't your same-sex marriage to a US citizen, it's that if you can stay in the USA for as long as 6 months you may have little or no reason to leave at all. Many people incorrectly conflate marriage with immigration. A person who is in the USA can get married in the USA, no matter what their immigration status. Regards, JEff

sir_eccles

Which is unfortunate. It should be noted that the outcome of the election may influence whether DOMA is further depreciated and if any moves are made to let same-sex marriages provide such a basis. Romney seems in favor of defending DOMA, Obama is not. Even with an Obama victory any reform is likely to be slow.

slinkyuk76

Thank you all.

I was considering a 6 month stay if my work would have allowed it. I will just use the ESTA visa for visits.

I have been watching the progress of the DOMA subject. Unfortunately it looks like it will take a long time before any decision is reached. Till then I need to win the lottery to even consider living in America

jeffreyhy

Again, there is no such thing as "the ESTA visa". You will be visiting without a visa of any kind.

Regards, JEff

Bob

The other consideration is the IRS and significant presence, if you're spending a lot of visits to the US, the IRS will want a slice.

You also mentioned "if work allowed it", are you talking about taking a sabbatical? Because you wouldn't be allowed to work in the US remotely for a UK company, even if you were paid in the UK.

scrubbedexpat099

Nobody has mentioned the obvious, moving to the UK.

Bob

Nobody mentioned moving to the US either.