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British citizen with ESTA married GC holder

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baby_doc
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Posts: 2
Joined: Wed Oct 24, 2012 4:45 pm

British citizen with ESTA married GC holder

Post by baby_doc » Wed Oct 24, 2012 4:47 pm

Hi guys!

I'm a British citizen and my fiance is Green card holder who lives in USA. I live in UK.
I'm a doctor and I'm currently in the process of applying for a job that may or may not sponsor a J1 visa.

I have used ESTA to enter USA many times.
I am planning to marry my fiance but I'm worried that if I leave after wedding and try to enter USA again on ESTA they might not let me in. If I go to visit my husband this may not classify as a 'tourism' anymore.

Does anyone have an advice for me? Is it safe to get married and enter on ESTA again? Or is it better to postpone the wedding until, for example, I get a job offer?

Thank you

All opinions really appreciated
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yankeebrit
Newbie
Posts: 31
Joined: Fri Sep 21, 2012 4:55 pm

Post by yankeebrit » Wed Oct 24, 2012 9:30 pm

Where were you planning on getting married? In the USA on the ESTA?

I'm pretty sure it's illegal to get married while traveling on an ESTA. You are correct that you may well not be allowed entry on an ESTA if you are visiting your American husband unless you can totally prove ties to the UK and your intention to leave the US before your visitor visa expires.

The best plan would be to apply for a fiance visa in the USA BEFORE you travel. Then you can get married while you are in the USA without any big problems...Once married you can apply to change you visa status once again to a spouse visa etc...
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baby_doc
Newly Registered
Posts: 2
Joined: Wed Oct 24, 2012 4:45 pm

Post by baby_doc » Wed Oct 24, 2012 9:47 pm

Thank you for your reply yankeebrit!

Did I mention the fiance is not American citizen, only a GC holder? What fiance visa are you talking about? I am a little confused.

Are you sure this is illegal to get married? It's the first time someone mentioned it is illegal to marry while on VWP.

Thank you for your opinion, do you have any links that say it's illegal to get married on VWP?

Regards,

Natalia
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Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Thu Oct 25, 2012 7:21 pm

Hi Natalia, I think yankeebrit didn't notice the part about your fiance being a GC holder. We had someone from Canada on this forum a few years back who married a US GC holder. After they got married they found it very difficult to meet in the US, since the Canadian would get a lot of hassle at the border, so in the end they decided to settle in Canada instead.

It's not illegal to marry on the VWP (I did it a few years ago), but being married to a LPR may complicate things for you, both as far as visiting on the VWP and obtaining a J1 visa are concerned.

Would it be possible for you to get an H1B visa instead?
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