Sorry for the complications in advance!! Unique situation :)
I have finance who is coming to visit me for 1st time, hopefully under the ESTAS (her country is approved for visa waiver req. less than 90 days https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Technically since she is not on a tourist visa, or none at all could we arrange marriage at courthouse to get married and she leaves before 90 days and file for a spouse visa while she is here/after she returns to her country?
- This question highlights the scrutiny that those who come on a tourist visa and marry because should have no intention to marry. (Plus red flags that almost automatically deny green card for spouse if you get married/file spouse visa Adjustment of status before about 30 days, etc.)
Essentially, will she who comes on ESTAS and gets married then is filing a spouse visa have the same scrutiny as fiance who comes on a tourist (immigrant via I think) and gets married then files for spouse visa during the interviews?
Thanks!!
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source https://www.reddit.com/r/immigration/comments/pc89kb/no_visa_to_usa_from_estas_to_1130_spousemarriage/