Marriage while on ESTA?

MonaLisaSmile

Hi all.

I'll try to keep my story short and to the point...

I came here this summer to visit my girlfriend to help her and her family move. We had previously looked into getting the K-1 (fiancé) visa, but that came to a halt since her dad, who was going to sign an "affidavit of support" (or something to that effect), ended up between jobs.

He got a job just fine and after 3 months of him making a paycheck, he would have been able to sign it, allowing us to progress with the K-1 application.

Here's my problem: Due to the new job, the family is moving from one coast to another. Just before we reached the 3-month (of him working long enough to sign) point, they invited me to visit so I could help them prepare the house they want to sell.

So here I am, 2 months into the visa waiver program, not finished helping them yet, and madly in love with my girlfriend of 3 years who I am ready to marry immediately. We're looking for a way to LEGALLY find ways for me to stay and not have to go back to Ireland.

We did NOT send in the affidavit of support, therefore the K-1 application was all but dead.

I've read that they frown upon marriage while using the waiver program, and I've also read that they tend to "let you away with it" if you can prove that the marriage was "spur of the moment", rather than planned.

While I can 100% be sure that my only intention this trip was to help them move on this visit, I totally understand that I could not prove this, since they'll (I assume) just look at the K-1 application and assume I'm trying to hasten the process. The original K-1 application was sent about 6-7 months ago by my girlfriend, and no response has come our way.

In short: What would be the likely result if she and I got married tomorrow, and I then informed immigration that I had married a US citizen and wanted to stay?

I don't want to ruin my chances of being able to live and work here permanently, so I don't want to do anything rash. But I honestly will do anything above-board that will enable us to be married, allow me to stay here, and just as importantly, allow me to work and make a living ASAP.

Thanks in advance for all advice.

PS: It should be noted that we have all sorts of proof of our relationship, from photos, to emailed receipts from airline and holiday companies, documenting us being together. This is my 3rd visit in 3 years. She visited me twice.

silja

The problem is not your genuine relationship, the problem is your intent at entry, and the fact that you previously filed for a K1 shows you have immigrant intent. When you flew over this time, were you asked any questions other than the "where are you staying?" and "do you have a return ticket"? If no, then you would probably be ok, especially if you can show you didn't intend to immigrate when you entered (still have a job at home, bills, didn't bring important stuff such as birthcert with you).

MonaLisaSmile

I had a flight already booked home for Sept 2nd (the day before the 90 days are up). I'd happily forfeit the cost of that ticket if I can stay.

When going through immigration in Dublin airport, the guy was super-nice, and barely showed interest in my doings.

He literally complimented the suit I was wearing, asked me if the bag on his monitor was mine, then asked if I had a return trip booked. A quick nod, and a couple of yesses, and I was straight through.

I definitely wasn't asked any awkward questions.

So who should I be asking these questions to start making things official? An Irish embassy here in the US?

silja

Nothing to do with the Irish Embassy. The process you need is called Adjustment of Status, but you can only start after you got married and have the marriage cert, so get that done asap, preferably before your 90 days run out. Get ready (or rather, have your soon-to-be-wife get ready) to fill in a lot of forms. Here is a guide: http://www.visajourney.com/content/i130guide2

Do NOT leave the USA until you have your greencard in hand.

InTheTrees

You can find good Immigration Attorneys in most major cities who will know the best way to proceed. Dont just pick blindly though, do some research.

You can also go to the Immigration offices (homeland security?) and you may have to wait awhile but they're pretty helpful.

I was under the impression that all marriage questions were handled by the Embassy in the home country of the non-us citizen. Meaning you'd have to go back to Ireland and deal with the US embassy in Dublin.

But I could be wrong, thats only hearsay, I'm no expert.

BuffyBot

silja wrote: »

Nothing to do with the Irish Embassy. The process you need is called Adjustment of Status, but you can only start after you got married and have the marriage cert, so get that done asap, preferably before your 90 days run out. Get ready (or rather, have your soon-to-be-wife get ready) to fill in a lot of forms. Here is a guide: http://www.visajourney.com/content/i130guide2

Do NOT leave the USA until you have your greencard in hand.

I don't think you can do a change of status on an ESTA. Doing what the OP is thinking of might even create more trouble for them in the longer term: OP, find a good immigration attorney ASAP!

From https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm

Are there disadvantages to using the Visa Waiver Program?

Before using the Visa Waiver Program, be aware of the following conditions that apply and carefully consider your options:

If you are admitted to the United States under the Visa Waiver Program, you may not change or extend your non-immigrant status.

silja

They are not changing their non-immigrant status, they are changing it to immigrant. The difficulty is that should they be denied (unlikely, but always a possibility), they cannot appeal, they would need to leave and could never use the waiver program again.

amdublin

I'd suggest that the op should not get advice from strangers on the Internet and should talk to an immigration lawyer instead.

Ps. OP - if it was that easy just to get married on ESTA and stay in US don't you think everybody would be doing it?!

MonaLisaSmile

amdublin wrote: »

Ps. OP - if it was that easy just to get married on ESTA and stay in US don't you think everybody would be doing it?!

Not everybody has a genuine relationship and documents to prove that relationship, so no.

For those of you who also want to know about this, I made the same post on a site entirely dedicated to helping people with immigration issues in the US.

http://www.visajourney.com/forums/topic/380800-marriage-on-esta/

You will see several people who have been through similar circumstances offer their take on things.

narddog

I am not quite in the same position as you, but I think if you get married and file for permanent residency in the US, you should be fine. I was living and working in the US, under a limited 3 year visa. Had a US girlfriend and everything was fine and dandy, till the company that sponsored me decided to let me go. We married and filed for me to stay in the US.

You will have to fill out forms (will help you with those if you want), and attend an interview, but if you were in the US legally when you married, and you can prove the true intent of the marriage, you will be fine. I know it sounds a little cold and clinical to talk about marriage and intent and so on, but thats the way the USCIS will look at it.

Either way, good luck;-)

InTheTrees

I was living in the US as a tourist for almost a year with my (american) gf, before we went and got married in Vegas (we lived in CA). Went back to CA and did the paperwork which took almost a year. I was able to get a SS# right away too. But that was back in the early 90's and I didnt have to leave.

I thought the present law was quite clear that you have to change your status at the US Embassy in your country of origin.

Isnt that right?

Either way as stated before, find a well recommended Immigration Attorney (it'll cost a hundred bucks or so) and go and talk to them.

silja

InTheTrees wrote: »

I thought the present law was quite clear that you have to change your status at the US Embassy in your country of origin.

You cannot change status at an embassy, because you are not in the USA at that timer so there is no status to change. You can get a visa at a US embassy and in MOST cases, that is the right thing to do. There are a few exception, and OP's is one, as he had no immigrant intent at entry into the USA.

BuffyBot

I'd wonder on that point (and perhaps I understood it incorrectly), the OP's post is a little unclear) but they had previously started the process but not completed it. However this will undoubted still be on file if they officially kicked that off and abandoned it. The immigration folks might look at it as him entering the USA this time via the ESTA with immigrant intent because of that.

narddog

silja wrote: »

Do NOT leave the USA until you have your greencard in hand.

went through the whole visa process a few years ago. Once you commence the paperwork it's a good idea to apply for AP, advance parole( terrrible term, but it's what the USCIS uses). This will allow you to travel out of the country in case of emergency (family bereavement etc), and come back in again, while your visa paperwork is being processed. You can file the paperwork for AP alongside the other forms you'll need to fill out and submit all forms in one package.

InTheTrees

silja wrote: »

You cannot change status at an embassy, because you are not in the USA at that timer so there is no status to change.

You still have a US Visa "status" without being in the USA.

If I went to the US Embassy in Dublin and handed in my green card my "status" would be changed and yet i'm not in the USA.

Paddycrumlinman

I did what your planning to do 10 years ago. Met American Woman. Got Married 6 weeks later. All legit, she was Preggers with my Son who is now 9. I l left again and came back to the US on a visa waiver. I filed my change of Status form with all the bells and whistles, had to prove we were in a legitimate Marriage and I got my Green Card 16 months later. I had her father be my Sponsor. I went to the Interview, over in 10 minutes. The immigration folks are very good at spotting who is legitimate and who is not.

I had taken tons of Pictures, documented family coming to visit ect ect for the interview, evidence of us living together, joint back accounts, utility bills. Gave them copies of emails and phone logs when I was not in the country.

My point being is it can be done, I'm proof of that. If your legit in your relationship, you have every right to get married and file the change of status form with the Immigration, sure that's what its there for.



Once you get Married, and you submit your change of status form before your current visa runs out, your good to go and you will not overstay your visa.

PM Me if you would like any help on this or questions. Be glad to help.

Good look.