A friend entered the US on an ESTA last year. They ended up getting married to their US spouse while in the US, but had no intention of staying in the US and left on day 88 or so.
Does this hinder their chances of re-entering the US on an ESTA for short periods (i.e, in this case, visiting their in-laws)? As I understand it, you're not supposed to get married while on an ESTA, but the way the law reads is that you're not supposed to get married and try to convert it into a residence visa. Which isn't what happened here.
You're not supposed to come with the intent of both getting married and then staying afterwards on a non-immigrant visa. Getting married is fine. Getting married and then changing your mind is acceptable. Immigrant intent on a non-immigrant visa is what leads to 7A1 refusals.
Your friend's real problem is the 88 days. Long stays like that on ESTA are not a problem until suddenly they're a problem. They raise eyebrows. How did he support himself for 88 days in the United States? Does he really have strong enough ties to his home country if he can just stay away for 88 days? I would not do it again if I was him. Come for a couple of weeks, or get an immigrant visa.
> Come for a couple of weeks, or get an immigrant visa.
You mean, come for a couple weeks, but don't fall in love or start a family with an American girl or boy.
> Getting married is fine. Getting married and then changing your mind is acceptable.
I would imagine that getting married and changing your mind is what this policy is meant to encourage! What about getting married and not changing your mind? What about having and raising children?
Is it United States policy that the children of such marriages must be raised only by single parents?
I can't really comment on the justification behind the policy, I can just explain how it works.
Point is, with a few exceptions (notably, H-1B), coming to the United States on a non-immigrant visa with the intent of staying is an inadmissibility (7A1 immigrant without an immigrant visa). It doesn't matter if you're married of have children. Coming to the United States on a non-immigrant visa and then adjusting status due to a change in circumstances is allowed.
>Is it United States policy that the children of such marriages must be raised only by a single parent?
If it's a bone fide marriage (and if there's a child, it probably is), the US citizen spouse can petition for an immigrant visa (which will turn into a "green card" on admission at the border). Immigrant intent is not an issue when entering on an immigrant visa.
My personal opinion that this immigrant/non-immigrant visa distinction should be removed from US immigration law, but right now it's there, so these are the rules right now.
Not necessarily. There's no restriction on getting married in the U.S. The restriction is entering the U.S. as a visitor with the intent of getting married AND applying for a green card. But if this intent arises after entry, there are no issues, period. Regarding these facts, your friend still should be able to travel to the U.S. Your friend should just be prepared to explain what they did while here and why they stayed as long as they and what they are coming to do now. At the end, it boils down to credibility and the truth. There's absolutely no legal reason here why your friend shouldn't be allowed in again.
Does this hinder their chances of re-entering the US on an ESTA for short periods (i.e, in this case, visiting their in-laws)? As I understand it, you're not supposed to get married while on an ESTA, but the way the law reads is that you're not supposed to get married and try to convert it into a residence visa. Which isn't what happened here.