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GiggsMcGill

ESTA or B2 after you marry USC?

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Hi Guys,

 

I'm a USC, and my fiance is Australian. We're going to the US next month to get married and my fiance will be on an ESTA. I've got two questions i'd like opinions on as it seems several people have had these experiences before.

 

1) I know it's not illegal to come into the US to get married as long as we leave. Should I bring any documents to prove I (as the USC) have ties outside the US so we'll definitely be leaving? (We have return tickets, so tickets to leave already)

 

2) I've been having lawyers tell me that once we're married, it's pretty much impossible for him, as an Australian married to a USC, to come into the US without a green card. I thought that seemed extreme. Would he be ok with an ESTA, or would he need to do a B2 visa? 

 

Anyone's personal experiences would be greatly appreciated!

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1. Sure. 

2. B2 would be even harder for him to get. And once he applies for b2 he will loose ESTA forever. Always try esta first. Of course there is a chance of being denied.  Then in order to go to the USA he will need a spouse visa - thought that is for people who want to pernamently live in the USA. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: K-1 Visa Country: Wales
Timeline

2) Were these US Immigration LAwyers you spoke to? If so you should report them to their local Bar.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You can visit on an ESTA perfectly fine while married to a USC. It does set a higher bar to show that you intend to leave, but so long as you are not abusing the privilege (e.g. staying too often or too long in the US, violating status, etc.), you should be fine. Many people do this.

 

Applying for a tourist visa and being refused requires you to update your ESTA...almost certainly resulting in a denial. And it's setting a higher bar to show ties to return home than an ESTA holder. The only time this makes sense is when either 1) you don't qualify for an ESTA already, or 2) you have a compelling reason to attempt for more than 90 days to visit.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Russia
Timeline

As to 2, if you are still living in Australia as a married couple and are just coming back to visit your family together, then ESTA should be used with both of you having documented ties back to Australia.  If you are located here, and he is just coming to visit you, he can still use ESTA, but he will only have his ties that say he will return, so the bar to entry may be a bit higher.  Either way, he can use an ESTA.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I travelled multiple times via the VWP from the U.K. to my husband in the USA before I immigrated. 

 

A B-2 is no different from the VWP insofar as admittance into the country. If the CBP officer believes he is not a genuine tourist then it doesn't matter whether it's a B-2 or the VWP, if he doesn't want to let you in, you're not coming in. Only USCs are guaranteed admission into the country. If you are living overseas with him then I see no problem with the VWP for visits to family and friends. It's exactly what the VWP is for - occasional short visits. If you are returning to the US to live and he will be visiting you from Australia then he can still visit but the CBP officer may question him a little more than usual to ensure he is not planning to live here without an immigrant visa. But the VWP would still be fine for this purpose - as many of us can prove from our own personal experience. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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