Spouse US Entry

[Flux Capacitor 0]

A quick question to any spouses of US Citizens who have entered the USA since all the restrictions were placed on UK/Schengen-zone nationals: What proof have you been required to provide for border control?  Is a typical marriage license/certificate enough?  And did you find any difficulty with different interpretations of the rules?

 

I'm British and will soon be getting married to my American partner.  Our understanding is that once we are legally married, I will be able to enter the USA on an ESTA to be with him as his spouse.  However, I want to make sure we have acceptable proof of our marriage when we enter the USA.

 

[Georgia16 2,858]

That is unfortunately not correct and would be seen as visa fraud to come on tourist visa and stay and adjust status. 

After you guys are married you can apply for a spouse visa (CR1) and once you have the visa you will be allowed to enter and stay as you will get a GC. It takes about 1 -1 1/2 years to get. You are allowed to visit doing the process. 

[Crazy Cat 41,888]

37 minutes ago, Flux Capacitor said:

Our understanding is that once we are legally married, I will be able to enter the USA on an ESTA to be with him as his spouse.

For short visits only......You can not enter the US via ESTA with the intent to stay and adjust status.  You will need to have a proper immigrant visa to live in the US.

Edited July 11, 2020 by Lucky Cat

[Crazy Cat 41,888]

26 minutes ago, Flux Capacitor said:

Our understanding is that once we are legally married, I will be able to enter the USA on an ESTA to be with him as his spouse. 

Can you link to where you saw this?  

[igoyougoduke 1,656]

41 minutes ago, Flux Capacitor said:

A quick question to any spouses of US Citizens who have entered the USA since all the restrictions were placed on UK/Schengen-zone nationals: What proof have you been required to provide for border control?  Is a typical marriage license/certificate enough?  And did you find any difficulty with different interpretations of the rules?

 

I'm British and will soon be getting married to my American partner.  Our understanding is that once we are legally married, I will be able to enter the USA on an ESTA to be with him as his spouse.  However, I want to make sure we have acceptable proof of our marriage when we enter the USA.

 

if some one legally advised you this, i would fire him/her first. This is absolutely not correct 

[Letspaintcookies 2,310]

Maybe OP meant that in the context of the travel ban and not for immigration purposes. That's why she's asking what other spouses who visited their SOs brought with them to show to CBP that they're a spouse of a USC so that they can enter.

 

[Flux Capacitor 0]

13 minutes ago, Letspaintcookies said:

Maybe OP meant that in the context of the travel ban and not for immigration purposes. That's why she's asking what other spouses who visited their SOs brought with them to show to CBP that they're a spouse of a USC so that they can enter.

 

That’s exactly what I meant. Thank you.

 

To clarify to those who have misunderstood, I’m not aiming to enter the USA permanently in this way or planning to change status/visa after arriving. Of course that’s fraudulent - Visas/Residency is something we’re already on a long journey arranging - ultimately to settle in the UK. My partner is currently committed to work in the USA. I’m just hoping I will be able to visit him on short stays after the wedding as his legal spouse. The current travel ban seems to permit this, granting entry - whatever visa or waiver program someone is on - to the spouses of US Nationals.

 

I would be very grateful to hear from any other spouses who have experience of entering the USA in this manner over the last few months, and to know what documents they were required to show to prove the marriage when entering the country.

 

Edited July 11, 2020 by Flux Capacitor

[JFH 12,190]

I think the confusion came from your phrase “to be with him as his spouse”. We often understand “coming to the US to be with someone” as “coming to live with someone”. But you are talking about visiting. 
 

The restriction is only temporary. When are you getting married? Likely this restriction will be over by then. Already the UK is considering an air bridge with New York. 

[Flux Capacitor 0]

1 hour ago, JFH said:

I think the confusion came from your phrase “to be with him as his spouse”. We often understand “coming to the US to be with someone” as “coming to live with someone”. But you are talking about visiting. 
 

The restriction is only temporary. When are you getting married? Likely this restriction will be over by then. Already the UK is considering an air bridge with New York. 

I can totally see how my original post was confusing. Our intention definitely isn’t any form of visa fraud!

 

Our wedding is scheduled (and scaled down heavily!) in 5 weeks time. Our plan is to go to the US afterwards where I’d stay for a few weeks before returning to the UK because of my work. We’re feeling quite negative about any lifting of restrictions in the near future, so are preparing as if everything will still be in place then and assuming that we’ll need to provide some kind of proof that we are married in order for me to be let into the country. 

Edited July 11, 2020 by Flux Capacitor

[Crazy Cat 41,888]

8 minutes ago, Flux Capacitor said:

we’ll need to provide some kind of proof that we are married in order for me to be let into the country. 

You won't have much evidence......but your marriage certificate along with the USC passport should suffice, imo.

[JFH 12,190]

It’ll be easier if you are traveling together. 

[FayeAlexandra 17]

Hey I'm British and my husband is American. We have a pending CR1, I visited my husband and stayed for 6 weeks over the lockdown. A few things I can advise you on. Make sure you have valid ESTA (many of these were revoked during the travel ban under the proclamation), book your flights and DO NOT USE the online check in option for your flight. I did these and it caused CBP to flag my ESTA and revoke it 10 hours before my flight!! I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA. Go to the airport with your marriage certificate, copy of your husbands passport and all your travel details of when you will be returning. Since we have an immigration lawyer completing our CR1, I had them prepare me a letter to say my travel was within the rights of the presidential proclamation, that I was applying for my CR1 but would be returning to UK on said date. Normal airline staff will pass you onto an immigration officer at the check in desk who will ask you a few questions and then you will be allowed to travel. I have to say I think the legal letter helped. Happy travels!

[HRQX 4,145]

2 hours ago, FayeAlexandra said:

I did these and it caused CBP to flag my ESTA and revoke it 10 hours before my flight!!

@Flux Capacitor, seems that is why the US Embassy in Bern says: "Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption." https://ch.usembassy.gov/covid-19-emergency-appointments/

Based on CBP's overzealous revocation of ESTAs, that US Embassy provides the preceding warning. And that embassy provides emergency B-1/B-2 appointments for those individuals.

London too:

6 hours ago, Lucky Cat said:

but your marriage certificate along with the USC passport should suffice, imo.

Plus a couple more steps before flight check-in per the experience shared above and the US Embassy Bern page.

Edited July 11, 2020 by HRQX

[Flux Capacitor 0]

9 hours ago, FayeAlexandra said:

Hey I'm British and my husband is American. We have a pending CR1, I visited my husband and stayed for 6 weeks over the lockdown. A few things I can advise you on. Make sure you have valid ESTA (many of these were revoked during the travel ban under the proclamation), book your flights and DO NOT USE the online check in option for your flight. I did these and it caused CBP to flag my ESTA and revoke it 10 hours before my flight!! I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA. Go to the airport with your marriage certificate, copy of your husbands passport and all your travel details of when you will be returning. Since we have an immigration lawyer completing our CR1, I had them prepare me a letter to say my travel was within the rights of the presidential proclamation, that I was applying for my CR1 but would be returning to UK on said date. Normal airline staff will pass you onto an immigration officer at the check in desk who will ask you a few questions and then you will be allowed to travel. I have to say I think the legal letter helped. Happy travels!

This is really helpful. Thank you. My ESTA is still valid at present, so hopefully there are no last minute dramas with it! So glad you managed to get in to spend some time with your husband.

[Flux Capacitor 0]

8 hours ago, HRQX said:

@Flux Capacitor, seems that is why the US Embassy in Bern says: "Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption." https://ch.usembassy.gov/covid-19-emergency-appointments/

Based on CBP's overzealous revocation of ESTAs, that US Embassy provides the preceding warning. And that embassy provides emergency B-1/B-2 appointments for those individuals.

London too:

Plus a couple more steps before flight check-in per the experience shared above and the US Embassy Bern page.

Thanks for the reponse. But are B1 visas not for business travellers? And B2 for their spouses/dependents? It seems a strange visa that they’re pointing people towards as proof of exemption status when it’s quite a specific visa for business travellers.
 

The US embassy in London make no mention of this, instead implying you can travel on an ESTA if you meet one of the exemptions - but that there may be issues with your ESTA status due to some many being revoked (as mentioned by Faye above):

 

“If your ESTA was cancelled but you believe that you fall under one of the exceptions identified in Presidential Proclamation 9996, please refer to the Travel Proclamation Help on the ESTA website for guidance.”

And in the same FAQ section dealing with people who believe they are exempt and hold valid ESTA registrations or Visas:

 

“If you travel, we suggest that you carry any official original documentation that you have that you believe demonstrates why you are exempt from a travel restriction, such as a Permanent Resident card (commonly known as a Green Card), a marriage certificate or a birth certificate, so that it is available if it is requested for review. You may also wish to carry a copy of the Presidential Proclamation itself.“

Full version here

 

It’s a confusing minefield, isn’t it? Thanks Trump!