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Posted

So I am a little confused as to if I can travel.  I am currently at the NVC stage and have been DQ, waiting for an interview date in London.  I am married and I have an ETSA that's valid until November this year.  So can I travel to the US to visit my wife?  On the presidential decree it says that spouses are allowed to enter but on the ETSA site it seems to only say US citizens or residents.

 

Thanks in advance

Posted (edited)

if you are going to enter on ESTA that it means you are visiting but you are already an immigrant intent person due to marriage and immigrant petition.  There is no restriction on spouse as long as you enter on a valid status and not use ESTA. ESTA is non immigrant while you are are to be immigrant 

 

Burden will be on you to show that you will return back after your visit 

Edited by James120383

duh

Posted

Spouse with an immigrant visa = yes, you are exempt. You don't have visa yet.

 

Furthermore, you are from UK, your entry is not allowed at this moment.

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Posted

VWP is not not suspended.  Entry on ESTA is allowed but you can not have been in / transited a banned travel country.

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Posted
10 minutes ago, Paul & Mary said:

VWP is not not suspended.  Entry on ESTA is allowed but you can not have been in / transited a banned travel country.

So let me get this right, if/when the USA take the UK off the banned travel list I can travel to the USA on my ETSA to visit?

 

I'm not sure that's what I am going to do but its been months since I have seen my wife and have no idea of my interview date so that may come before the UK is taken off the travel ban list.   With this government though who the hell knows I am trying to get from one country with a terrible response to the virus to another country with a terrible response to the virus....

Posted
3 minutes ago, 8bithearts said:

So let me get this right, if/when the USA take the UK off the banned travel list I can travel to the USA on my ETSA to visit?

Yes.    And yes you can do it today if you go to a non banned country like Mexico and have a 14 day vacation there before going to the US. 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted

So.. You're British, your spouse is American? You should be allowed in, as the EO clearly states spouses of US citizens are exempt. You can check this here. Nowhere in the EO does it say that spouses can only enter on an immigrant visa, neither does it state that you'd only be allowed in after quarantining elsewhere for 14 days. 

 

However, I am not sure you can enter on ESTA. I do think so, but you might want to double check with your consulate. 

 

Entering on ESTA while you're in the IV application process always carries a certain risk, but I've done it several times without being asked about it by the immigration officer. Just make sure you have some evidence showing you intend to go back home. 

 

Either way, you'd definitely need your marriage certificate to prove your status. 

 

I might be wrong on this, but reading through the proclamation and assuming I got the details on your situation right, I really don't see why you'd be barred from entering. 

 

 

Posted
18 minutes ago, Pavli said:

So.. You're British, your spouse is American? You should be allowed in, as the EO clearly states spouses of US citizens are exempt. You can check this here. Nowhere in the EO does it say that spouses can only enter on an immigrant visa, neither does it state that you'd only be allowed in after quarantining elsewhere for 14 days. 

 

However, I am not sure you can enter on ESTA. I do think so, but you might want to double check with your consulate. 

 

Entering on ESTA while you're in the IV application process always carries a certain risk, but I've done it several times without being asked about it by the immigration officer. Just make sure you have some evidence showing you intend to go back home. 

 

Either way, you'd definitely need your marriage certificate to prove your status. 

 

I might be wrong on this, but reading through the proclamation and assuming I got the details on your situation right, I really don't see why you'd be barred from entering. 

 

 

Yes I am British and my spouse is American.  My problem is other than the ETSA that is valid for a few more months I have no other visa, my spouse visa is awaiting the interview so I'm not sure how I can travel.  I have also entered a few times on my ETSA with absolutely no issues at all.

 

You did get the details on my situation correct.  I haven't booked a thing and would definitely try and contact the embassy, consulate or whatever even before buying a ticket.  I originally thought the same as you, the EO states spouses are exempt its just I'm not sure what visa I would be travelling on?

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Posted
7 hours ago, 8bithearts said:

So let me get this right, if/when the USA take the UK off the banned travel list I can travel to the USA on my ETSA to visit?

 

I'm not sure that's what I am going to do but its been months since I have seen my wife and have no idea of my interview date so that may come before the UK is taken off the travel ban list.   With this government though who the hell knows I am trying to get from one country with a terrible response to the virus to another country with a terrible response to the virus....

I am in Colombia, complete international travel ban. I lost $20000.00 in business by not being able to go back to the US

Posted
8 hours ago, 8bithearts said:

Yes I am British and my spouse is American.  My problem is other than the ETSA that is valid for a few more months I have no other visa, my spouse visa is awaiting the interview so I'm not sure how I can travel.  I have also entered a few times on my ETSA with absolutely no issues at all.

 

You did get the details on my situation correct.  I haven't booked a thing and would definitely try and contact the embassy, consulate or whatever even before buying a ticket.  I originally thought the same as you, the EO states spouses are exempt its just I'm not sure what visa I would be travelling on?

Travel on your esta. You could even try to apply for a new one if you're afraid it'll run out, though a few months sounds like it should be OK? 

  • 2 weeks later...
Posted

I have my flight to the USA booked on the 2nd of July. In the proclamation it states that an Alien Spouse married to a US citizen is exempted from the travel ban. I do have an ESTA that is valid until Aug 2021. However to provide some comfort and reassurance that I will go back to the UK i would also bring the following:

 

- My marriage certificate

- A scanned copy of my wife's passport (to link the name to the marriage certificate)

- A letter from my current job (on letter-headed paper) stating that I am working and I have x amount of projects that I need to come back for and that I am on a 3 months notice period. I mean to be honest the unemployment rate in USA is sky high so why on earth would a person with a job take a risk like that. 

 

What I will do lastly this week is to call up and find out if my esta is still valid based on the proclamation or if I need to reapply for one. 

 

I am hoping the above would satisfy the officers at the US borders. 

 

 

 

 
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