Spouse US Entry

[HRQX 4,145]

54 minutes ago, Flux Capacitor said:

And B2 for their spouses/dependents?

"Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2)." https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

Thus, US Embassy Bern page is very clear.

[HRQX 4,145]

1 hour ago, Flux Capacitor said:

but that there may be issues with your ESTA status due to some many being revoked (as mentioned by Faye above)

Since ESTA system is part of CBP, they can revoke ESTAs at any time. CBP doesn't know the potential exempt status of travelers when they revoke the ESTAs, since the revocation is done before the traveler can appear at a POE.

[FayeAlexandra 17]

Its a very confusing minefield. It seems the presidential proclamation came so quick, CBP has not had time to adapt to the executive order. If spouses are exempt there should be an option with ESTA to declare this and then you prove it at the airport/boarder. You do not have to file for a B2,as you fall the under the exemption. 

[Flux Capacitor 0]

5 minutes ago, FayeAlexandra said:

Its a very confusing minefield. It seems the presidential proclamation came so quick, CBP has not had time to adapt to the executive order. If spouses are exempt there should be an option with ESTA to declare this and then you prove it at the airport/boarder. You do not have to file for a B2,as you fall the under the exemption. 

This is how I understood it too. The same as how anyone who spends 14+ days outside the restricted areas can still enter via ESTA (as confirmed by many posters who have done this on another thread). I think the executive order is worded rather vaguely, so understandably there has been confusion around the details even in official circumstances. Frustrating for those of us who believe we are exempt (or - in my case - shortly will be!)

 

24 minutes ago, HRQX said:

"Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2)." https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

Thus, US Embassy Bern page is very clear.

 

I didn’t realise the B visa was also used for tourism, thanks for clarifying. However, whilst I actually don’t question whether their guidance on that page is clear (if anything it’s much clearer than the official order!) I do think their guidance - as clearly as it is worded - is at odds with how most other embassies and officials are interpreting the declaration. Specifically, that travel IS still possible with an ESTA as long as it’s valid and the holder meets one of the exemptions listed in the proclamation (e.g. Not being present in the schengen zone or another restricted country for 14 full days, being a spouse of a US national etc)

[HRQX 4,145]

30 minutes ago, FayeAlexandra said:

as you fall the under the exemption. 

Correct. @Flux Capacitor, the only workaround (that avoids ESTA revocation in the first place) I can think of is to transit through Belgrade, Istanbul, etc. (E.g a direct flight from Belgrade to JFK). Per @FayeAlexandra's experience one can conclude that the (wrongful) revocation was based on where the flight was coming from, not nationality.

Swiss(?) national went from Istanbul to Chicago with ESTA:

Italian national went from Cancun to Dallas with ESTA:

 

Edited July 12, 2020 by HRQX

[Flux Capacitor 0]

5 minutes ago, HRQX said:

Correct. @Flux Capacitor, the only workaround (that avoids ESTA revocation in the first place) I can think of is to transit through Belgrade, Istanbul, etc. (E.g a direct flight from Belgrade to JFK). Per @FayeAlexandra's experience one can conclude that the (wrongful) revocation was based on where the flight was coming from, not nationality.

UK national went from Istanbul to Chicago with ESTA:

Italian national went from Cancun to Dallas with ESTA:

 

Thanks HRQX. This makes sense. I’ll be flying from Mexico, and will have a copy of the original proclamation for reference, as well as our paperwork, our official marriage license, as well as my American husband!

 

Of course, Trump could decide to change everything by then...

[Suzbogo 0]

On 7/11/2020 at 5:36 PM, 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!

Did you have the marriage certificate or was It a copy? 

[FayeAlexandra 17]

11 hours ago, Suzbogo said:

Did you have the marriage certificate or was It a copy? 

I had a copy. They did ask why I didn't have the original and I said my husband has one copy in the US and our lawyer has the other copy for our CR1 application. I had a travel letter from my lawyer as well as i130 receipt too.

[ayestaci 121]

I entered the US last week as a spouse, but on a CR-1.

 

I did Glasgow-Amsterdam-Atlanta. Checking in at Glasgow was stressful—Glasgow has no flights to the USA atm and they weren’t clued up on the travel ban exemptions. It took a little convincing. If anyone’s leaving from a smaller airport, print the presidential proclamation and take it with you.

 

They were far more clued up in Amsterdam. I actually was not asked for any proof; I told them I was travelling as a spouse and that was that.

 

Flight was empty, border control was dead, getting through on my CR-1 took all of ten mins. They just verified my address and sent me on my way. 

[ytw95 3]

On 7/12/2020 at 10:32 AM, Flux Capacitor said:

Thanks HRQX. This makes sense. I’ll be flying from Mexico, and will have a copy of the original proclamation for reference, as well as our paperwork, our official marriage license, as well as my American husband!

 

Of course, Trump could decide to change everything by then...

Not sure how this quote thing works but does this mean if I travel from London Heathrow to JFK -MCO, my ESTA will be revoked?? Do I need to book a new flight from a non Schengen country ?? I’m so stressed out. 

[HRQX 4,145]

13 minutes ago, ytw95 said:

Not sure how this quote thing works but does this mean if I travel from London Heathrow to JFK -MCO, my ESTA will be revoked??

Very likely it'll be revoked before you board the flight at Heathrow. Once revoked you'll have to contact CBP's Traveler Communications Center to undo the revocation.

17 minutes ago, ytw95 said:

Do I need to book a new flight from a non Schengen country ??

That's recommended to avoid revocation in the first place.

[ytw95 3]

5 hours ago, HRQX said:

Very likely it'll be revoked before you board the flight at Heathrow. Once revoked you'll have to contact CBP's Traveler Communications Center to undo the revocation.

That's recommended to avoid revocation in the first place.

Will they actually undo the revocation ? if they do i'll be alright right ??  

[ytw95 3]

Should i contact CBP now to see if they can NOT REVOKE my esta ....?? like a heads up sort of thing. 

[Googlebug 1]

On 7/22/2020 at 3:17 AM, ayestaci said:

I entered the US last week as a spouse, but on a CR-1.

 

I did Glasgow-Amsterdam-Atlanta. Checking in at Glasgow was stressful—Glasgow has no flights to the USA atm and they weren’t clued up on the travel ban exemptions. It took a little convincing. If anyone’s leaving from a smaller airport, print the presidential proclamation and take it with you.

 

They were far more clued up in Amsterdam. I actually was not asked for any proof; I told them I was travelling as a spouse and that was that.

 

Flight was empty, border control was dead, getting through on my CR-1 took all of ten mins. They just verified my address and sent me on my way. 

Piggybacking onto this with my own slightly similar scenario.

 

I am due to fly Edinburgh - Amsterdam - Detroit next month. I am worried about the Edinburgh check-in, as I feel they will not be as clued in and it is an early flight. I am planning on bringing all the documents and presidential proclamation. How did you manage to convince them?

 

Did they call / check with anyone at CBP at all? In Amsterdam, did it require anything further at the gate? Thanls

[ayestaci 121]

3 hours ago, Googlebug said:

Piggybacking onto this with my own slightly similar scenario.

 

I am due to fly Edinburgh - Amsterdam - Detroit next month. I am worried about the Edinburgh check-in, as I feel they will not be as clued in and it is an early flight. I am planning on bringing all the documents and presidential proclamation. How did you manage to convince them?

 

Did they call / check with anyone at CBP at all? In Amsterdam, did it require anything further at the gate? Thanls

Hey! I hope they're a bit more clued up now with how long this has been going on but just in case, I took:

 

- a print out of the presidential proclamation with the spouse exception highlighted

- copy of my marriage certificate and husband's US passport

- CR-1 visa

- a printout from https://www.iatatravelcentre.com/passport-visa-health-travel-document-requirements.htm after filling in the info, again, highlighting the spouse exemption at the end

 

It was overkill in Glasgow, though stressful - they were reluctant initially but all they looked at was my CR-1 visa to let me through. 

 

If in any doubt, ask them to call CBP in Amsterdam and check. There's a US agent there checking documents before anyone is allowed to board, where they do ask for proof you're married (CR-1 visa should suffice, or if you're travelling on ESTA, copy of marriage certificate + spouse's US passport). Amsterdam is easy though, they're VERY clued up on exceptions so it's a breeze, they're just checking!