Visiting on ESTA and Thinking About Marrying a U.S. Citizen? Read This First

Immigration rules, fees, and procedures are changing frequently; confirm current requirements before acting.

Getting married in the United States is easy. The immigration side is where people get into trouble. Entering as a visitor with a preconceived plan to marry and remain can raise hard questions about how you entered, and the Visa Waiver Program in particular carries special limitations that most travelers have never heard of.

Adjustment of status for someone who entered on ESTA or a tourist visa is among the most fact-sensitive areas in immigration law. The outcome depends heavily on the exact circumstances of the entry, the timing, and the family relationship. Two cases that look identical from the outside can end very differently based on details as small as what was said at the border.

My advice: before you travel or marry with an eye toward staying, talk to an immigration lawyer. It is far easier to plan the right sequence in advance than to unwind a misstep afterward. In the current vetting environment, missteps are examined more closely than ever.

Before you travel or marry with an eye toward staying, have a conversation about the risks and the cleanest path. Call or text 512.761.8479.