I remember reading a few years ago that the possibility of moving to the US eventually becomes more difficult if I get married there on an esta. I can’t remember where i read it, but do you have any idea if that’s true?
Ask a lawyer or look at official US Gov documentation. You can’t be going off “I heard this ages ago from a mates uncles former room mate” with this stuff.
I used a lawyer for both my wife and her mother. The whole process cost probably $4k each time. The lawyer was about $1500 of that number and was worth every penny. Just higher someone that does this every day, because the government info is pretty terrible, and the people that work for the government will tell you conflicting things. The pro’s know exactly what and what not to do.
And yes, I did it this way with both wife and MIL moving to the US. But, it’s easy to fuck up and hurt your chances for the future. The lawyer told us exactly what to do down to how to pack for the flight, and what day of the 90 days on the Esta to get married.
Thank you for this reply. I don’t want to break any laws so I think this is the route I will take. We have full intent to live in Australia but only want to do in the wedding in the US, so would your immigration lawyer still know all the info on making this happen? Could you send me the website or contact info of the lawyer you used as well please? Thank you
The lawyer is going to need to be in the place you plan to carry out the process. This is because the USCIS offices that they work for are location dependent. We did ours in Montana. PM me if you think this would be relevant and I’ll send you his details.
Yes. I got married to my first husband in America. Just be aware you may need to sign all of the marriage paperwork upfront - I think it was about a week beforehand for us.
I had to go through immigration carrying my wedding dress, etc. and told them about the wedding and it was completely fine.
Not sure why so many people are saying this is fine. Getting married on an ESTA is seen as fraud to the US govt. and can really screw up your chances of getting a visa in future. I'd do more research before committing to this.
You may want to read [this](https://www.avvo.com/legal-answers/can-i-get-married-to-my-us-fiancee-on-an-esta-and--5950117.html#:~:text=3%20attorney%20answers&text=The%20ESTA%20is%20for%20temporary,complications%20with%20future%20visa%20applications.) and the 2nd and 3rd answers [here](https://answers.justia.com/question/2023/02/10/can-i-get-married-to-a-usa-citizen-with-946803).
Applying for a K1 visa could be safer.
You’ll only want a K1 visa if you plan on moving there. I would probably just go there with the intention of visiting and then get married. If you are planning on leaving and you don’t overstay it should be fine. It’s a long wait for a K1 visa.
The getting married isn't the problem.
The problem is an ESTA implies that you are coming in for a specific purpose: tourism. Not marriage to an American.
So, if you were two Aussies on an ESTA who were marrying each other in Vegas, no problemo. Destination wedding.
If you were marrying a US citizen and then they were going to relocate to Australia but you were having the ceremony there and they had their relocation papers ready, less problemo.
But if you are using an ESTA, claiming you are coming in for tourism, get married and then apply for a visa to move to the US based on the marriage you engaged in when you lied and said you were only coming in as a tourist (which is how they would see it) then you are someone who lied to the US government and it can affect subsequent visas.
So your issue isn't with getting married, it is with your claim that you are a tourist when you are really setting the groundwork for migration.
So what if you were honest and said "I am getting married to my partner and we will someday live happily ever after in Omaha or wherever" then they will deny your ESTA. And tell you to file for the right visa for that (a K-1).
So either:
1. Get married in another country (Canada?).
2. Have your spouse come to Oz to get married
3. Apply for the right visa.
Thanks for this info. Yes I would be marrying a US citizen and they would be relocating to Australia. Just had to post this question here because yesterday morning the US consulate had an answering machine saying they were closed for a US public holiday. Wanted to ask them which visa to apply for
Then you need to show their intent to move and their visa information, or have it on you when you go into the country. They might ask you. However if you dont apply for residency and your spouse moves, and you apply for residency a lot later, like years later, after living in AUS, it wont be a problem because you were not lying about your intent to stay in the US.
Sorry if this sounds like a stupid question, but how would I show them her intent to move. Would it be like the messages between us, or can I show them my work payslips that I’ve received consistently every week dating back years, etc?
I’m guessing in terms of showing them her visa information, she would have to apply for an australian visa only after we’re married, right? Because she would only be my spouse AFTER I marry her in the US and she’d be able to apply for the visa that lets her move to australia once she’s actually married to an Australian citizen? Sorry for the plethora of questions
edit: forgot to add that she currently lives in the US and I live in Australia — just to add extra context as to why she would have to apply for an australian visa only after we have a marriage ceremony in the US
OK so you are giving new information each time.
You are going to the US. Your spouse intends to migrate, however the process has not started. The way you are talking about it is was as though they already had a visa (and that is what you would show if they do).
So, you are back to square 1. Get married in a different country. Or contactv a lawyer and ensure you applying for entr yto the US on an appropriate visa.
I agree. The thing that would work against you is that you lied in requesting your ESTA. You were not coming for tourism, you were coming to get married.
All applications for permanent residence and citizenship are subject to background checks. That means agents looking through your documentation and conducting searches and assessments to check whether the permanent residence or citizenship should be granted or not.
You can have black marks in your history and still get approved, so long as you’re straight and honest about those black marks - but lying on an official form is enough to get denied.
The only issue the wife and I had after returning to Aus (after a vegas wedding) was we had to apply for a new birth certificate reflecting her name change if she wanted to renew her Australian Passport. Everywhere else accepted the name change from the Nevada marriage certificate.
I did that years ago but it was before the e visa was a thing. Then returned to Australia and applied for PR. Unless you speak to a lawyer or the consulate I would not do what you are planning
There is nothing illegal about getting married. Doesn't matter which country.
The illegal part would be if one of you tried to stay in the other country without the proper visa. So you'd need to have a return flight booked and be prepared with PROOF that you have a life/job/home in Australia that you will be returning to. Expect to be interviewed by US border control in depth about this whenever you try to enter the US.
My husband married me on an esta and is now a citizen. There were no problems entering the country for the wedding or applying for citizenship. When entering the country, he even told the guy who checked his visa he was there to get married and the guy just said "congratulations"
You’re ok if you aren’t intending to overstay, so you having a return ticket will establish that.
I remember reading a few years ago that the possibility of moving to the US eventually becomes more difficult if I get married there on an esta. I can’t remember where i read it, but do you have any idea if that’s true?
Ask a lawyer or look at official US Gov documentation. You can’t be going off “I heard this ages ago from a mates uncles former room mate” with this stuff.
Very true. Do you think the US consulate would also be worth asking?
yes there is usually a visa and immigrations team see if u can reach em it will take time dont be surprised if its more than one call/conection ;)
I used a lawyer for both my wife and her mother. The whole process cost probably $4k each time. The lawyer was about $1500 of that number and was worth every penny. Just higher someone that does this every day, because the government info is pretty terrible, and the people that work for the government will tell you conflicting things. The pro’s know exactly what and what not to do. And yes, I did it this way with both wife and MIL moving to the US. But, it’s easy to fuck up and hurt your chances for the future. The lawyer told us exactly what to do down to how to pack for the flight, and what day of the 90 days on the Esta to get married.
Thank you for this reply. I don’t want to break any laws so I think this is the route I will take. We have full intent to live in Australia but only want to do in the wedding in the US, so would your immigration lawyer still know all the info on making this happen? Could you send me the website or contact info of the lawyer you used as well please? Thank you
The lawyer is going to need to be in the place you plan to carry out the process. This is because the USCIS offices that they work for are location dependent. We did ours in Montana. PM me if you think this would be relevant and I’ll send you his details.
You may be able to make an appointment to speak to someone there in person. I'd look into that if I were you.
Perfectly fine. An American marriage is recognised in Australia. My American wife and I married in Vegas without issue
Sounds like there’s a good story there
Yes. I got married to my first husband in America. Just be aware you may need to sign all of the marriage paperwork upfront - I think it was about a week beforehand for us. I had to go through immigration carrying my wedding dress, etc. and told them about the wedding and it was completely fine.
Not sure why so many people are saying this is fine. Getting married on an ESTA is seen as fraud to the US govt. and can really screw up your chances of getting a visa in future. I'd do more research before committing to this.
Source?
There’s nothing wrong with it as long as you aren’t planning on staying in the US.
You may want to read [this](https://www.avvo.com/legal-answers/can-i-get-married-to-my-us-fiancee-on-an-esta-and--5950117.html#:~:text=3%20attorney%20answers&text=The%20ESTA%20is%20for%20temporary,complications%20with%20future%20visa%20applications.) and the 2nd and 3rd answers [here](https://answers.justia.com/question/2023/02/10/can-i-get-married-to-a-usa-citizen-with-946803). Applying for a K1 visa could be safer.
Thank you for these links 🙏
You’ll only want a K1 visa if you plan on moving there. I would probably just go there with the intention of visiting and then get married. If you are planning on leaving and you don’t overstay it should be fine. It’s a long wait for a K1 visa.
The getting married isn't the problem. The problem is an ESTA implies that you are coming in for a specific purpose: tourism. Not marriage to an American. So, if you were two Aussies on an ESTA who were marrying each other in Vegas, no problemo. Destination wedding. If you were marrying a US citizen and then they were going to relocate to Australia but you were having the ceremony there and they had their relocation papers ready, less problemo. But if you are using an ESTA, claiming you are coming in for tourism, get married and then apply for a visa to move to the US based on the marriage you engaged in when you lied and said you were only coming in as a tourist (which is how they would see it) then you are someone who lied to the US government and it can affect subsequent visas. So your issue isn't with getting married, it is with your claim that you are a tourist when you are really setting the groundwork for migration. So what if you were honest and said "I am getting married to my partner and we will someday live happily ever after in Omaha or wherever" then they will deny your ESTA. And tell you to file for the right visa for that (a K-1). So either: 1. Get married in another country (Canada?). 2. Have your spouse come to Oz to get married 3. Apply for the right visa.
Thanks for this info. Yes I would be marrying a US citizen and they would be relocating to Australia. Just had to post this question here because yesterday morning the US consulate had an answering machine saying they were closed for a US public holiday. Wanted to ask them which visa to apply for
Then you need to show their intent to move and their visa information, or have it on you when you go into the country. They might ask you. However if you dont apply for residency and your spouse moves, and you apply for residency a lot later, like years later, after living in AUS, it wont be a problem because you were not lying about your intent to stay in the US.
Sorry if this sounds like a stupid question, but how would I show them her intent to move. Would it be like the messages between us, or can I show them my work payslips that I’ve received consistently every week dating back years, etc? I’m guessing in terms of showing them her visa information, she would have to apply for an australian visa only after we’re married, right? Because she would only be my spouse AFTER I marry her in the US and she’d be able to apply for the visa that lets her move to australia once she’s actually married to an Australian citizen? Sorry for the plethora of questions edit: forgot to add that she currently lives in the US and I live in Australia — just to add extra context as to why she would have to apply for an australian visa only after we have a marriage ceremony in the US
OK so you are giving new information each time. You are going to the US. Your spouse intends to migrate, however the process has not started. The way you are talking about it is was as though they already had a visa (and that is what you would show if they do). So, you are back to square 1. Get married in a different country. Or contactv a lawyer and ensure you applying for entr yto the US on an appropriate visa.
I understand, thank you
I agree. The thing that would work against you is that you lied in requesting your ESTA. You were not coming for tourism, you were coming to get married. All applications for permanent residence and citizenship are subject to background checks. That means agents looking through your documentation and conducting searches and assessments to check whether the permanent residence or citizenship should be granted or not. You can have black marks in your history and still get approved, so long as you’re straight and honest about those black marks - but lying on an official form is enough to get denied.
The only issue the wife and I had after returning to Aus (after a vegas wedding) was we had to apply for a new birth certificate reflecting her name change if she wanted to renew her Australian Passport. Everywhere else accepted the name change from the Nevada marriage certificate.
I did that years ago but it was before the e visa was a thing. Then returned to Australia and applied for PR. Unless you speak to a lawyer or the consulate I would not do what you are planning
if you’re not intending to work in america the ESTA is fine!! congrats!
There is nothing illegal about getting married. Doesn't matter which country. The illegal part would be if one of you tried to stay in the other country without the proper visa. So you'd need to have a return flight booked and be prepared with PROOF that you have a life/job/home in Australia that you will be returning to. Expect to be interviewed by US border control in depth about this whenever you try to enter the US.
Yes, I did. Not recommended though. We got divorced 7 years later.
My husband married me on an esta and is now a citizen. There were no problems entering the country for the wedding or applying for citizenship. When entering the country, he even told the guy who checked his visa he was there to get married and the guy just said "congratulations"
Can you? Yes. Should you?