European boyfriend can't enter US without tourist visa. Does getting married help?

[SalishSea 18,064]

Just now, nineohtwo said:

 

I agree. At the end of the day, the immediate goal is to get him to visit the US as quickly as possible. I hate that he visited Iraq (No offense to Iraq! He had a wonderful time in Erbil with his friend and still raves about it to this day) because it just makes things so much harder. 

There really is no way to get him to the US quickly, either to immigrate or even to just visit.  You may want to read and research as much as possible about the process before submitting any petitions.

[nineohtwo 8]

This is such a bummer! I realize how privileged most Europeans are now not needing a visa to enter the US (and us vice versa). Waiting for a visa just to visit has been horrible and uncertain. 

[Dashinka 24,707]

1 hour ago, jadmac said:

I only posted in this forum last week with a similar question and many people responded saying that they visited the US with no issues while they were waiting for their spousal visa. 

Can I ask why you have a different view? 

If the boyfriend/fiancé gets a B2, then they certainly can visit.  As I stated, the OP can file the I130 to start the spousal visa process (once they are legally married and have all the proper documentation), and the now spouse can also apply for a B2 so they can visit the US while the I130/CR1 is being processed.  I don't remember the other discussion, apologies.

[Dashinka 24,707]

32 minutes ago, nineohtwo said:

 

I agree. At the end of the day, the immediate goal is to get him to visit the US as quickly as possible. I hate that he visited Iraq (No offense to Iraq! He had a wonderful time in Erbil with his friend and still raves about it to this day) because it just makes things so much harder. 

 

We want to be absolutely sure he likes living in the US before making concrete plans to move our lives there, hence why we want to take multiple trips first. I have a good job that I work remotely and I speak Italian fluently so living in Italy is not a huge life hurdle for me; I could stay here indefinitely though I really would love to return to the US. 

 

If we were to get married and start the spousal visa process and by some miracle the consulate allowed him a tourist visa, it would be nigh impossible for him to come to the US, right? Am I correct in stating that CBP officers don't look very kindly on people with a pending spousal visa visiting? So, our two options are basically: get the zoom wedding, DON'T do the spousal visa yet and instead wait for the tourist visa to be processed at some as of yet uncertain date and then visit the US to my heart's content... or get married and start the spousal visa and hope he likes the US because he can't visit! 😝

This is incorrect, couples do this all the time.  If he has a valid B2, he can visit or at least attempt to enter the US.  The rule-of-thumb for those that are married and trying to visit on a B2/VWP/Canada special privileges is that shorter visit are preferred.  No one can predict what CBP will do, but generally if someone shows up at a border checkpoint with all their worldly possessions and they only have a B2, chances are slim.  As to doing the spousal visa, that timing is up to you.  In your OP you mentioned wanting to move back to the US in a year or two, so in that case, you may want to consider getting that process started soon, but if that is much more fluid, and he does eventually get a B2, then look to start it at least 18 months before you are certain you want to return.

 

Good Luck!

[SusieQQQ 11,587]

19 minutes ago, Dashinka said:

This is incorrect, couples do this all the time.  If he has a valid B2, he can visit or at least attempt to enter the US.  The rule-of-thumb for those that are married and trying to visit on a B2/VWP/Canada special privileges is that shorter visit are preferred.  No one can predict what CBP will do, but generally if someone shows up at a border checkpoint with all their worldly possessions and they only have a B2, chances are slim.  As to doing the spousal visa, that timing is up to you.  In your OP you mentioned wanting to move back to the US in a year or two, so in that case, you may want to consider getting that process started soon, but if that is much more fluid, and he does eventually get a B2, then look to start it at least 18 months before you are certain you want to return.

 

Good Luck!

Yes, especially if both OP and future husband are at the stage of those visits still resident in Italy and can show ties to return there after each trip. I can’t see the point delaying starting the spousal visa in the hope that the consulates reopen to tourist visas at some point, unless you really, truly don’t care how many years the process might take.

[igoyougoduke 1,674]

6 hours ago, nineohtwo said:

This is such a bummer! I realize how privileged most Europeans are now not needing a visa to enter the US (and us vice versa). Waiting for a visa just to visit has been horrible and uncertain. 

 

Your choice is simple. either get married in Europe and start spousal visa or wait for consulates in Italy/ Netherland to start processing Visitor visa.  ESTA is  isandato

[nineohtwo 8]

I figured as much! Does anyone have an estimate of when visitor visas might be processed again?

[igoyougoduke 1,674]

nice try. no one knows and when they open the backlog could be 1-2 years depending on consulates

[nineohtwo 8]

So it could potentially be 2023 or 2024 before he can even visit?!

[SusieQQQ 11,587]

3 minutes ago, nineohtwo said:

So it could potentially be 2023 or 2024 before he can even visit?!

I doubt they will take that long to restart tourist visas. However it is not a high priority for consulates. Maybe late this year assuming the pandemic gets under control and they are making good progress with higher priority visa types. It is country dependent. There are already a handful of consulates around the world that are issuing visit visas.

 

 

Edited March 27, 2021 by SusieQQQ

[Electrichead64 29]

I'm not buying into the story that he can't enter the US on a Netherlands passport because he visited Iraq in 2013, but assuming that is true, he's probably better off just getting a new passport.  They only last 10 years anyway in ANY country that I know of and so 2013-2023 .. its about time.  The US itself will issue dual passports on request for travelers that go to sensitive countries .. like if I visited Israel or Saudi Arabia and wanted to go to the other, you would use different passports.

 

Edited March 28, 2021 by Electrichead64

[Chica79 15]

On 3/23/2021 at 3:11 AM, nineohtwo said:

Hi everyone!

 

I am an American/Italian dual citizen and my boyfriend of almost 8 years is Dutch. We live together in Italy.

 

He visited Iraq with a friend in 2013. Because of this he is no longer allowed to enter the US without a visa. It's getting to be that time in our relationship where we want to get married and eventually move to NYC where I am from but he of course wants to visit NYC first a few times before we make the move. He's been to the US before, but not the East Coast. The problem is of course that he now cannot get in to the US because of the visa waiver issue. We had two appointments for a tourist visa for him; both got cancelled (understandably so with the pandemic). One was in the Netherlands and one was in Italy after he became an Italian resident.

 

We would not want to travel until the pandemic is over, but getting the visa was going to be the first hurdle. We have absolutely no idea when visa processing will start up again. This leaves us in a horrible situation because it means our life plans are on hold--we hadn't even planned on staying in Italy this long and yet here we are (but things could be worse!). 

 

Any ideas? Should we get married and apply for a spousal visa, perhaps?

Do you want to get married?  is the question.  If you want to get married, then do so and file for a CR1.  Or apply for a fiance visa.

[Locito 85]

22 minutes ago, Electrichead64 said:

I'm not buying into the story that he can't enter the US on a Netherlands passport because he visited Iraq in 2013, but assuming that is true, he's probably better off just getting a new passport.  They only last 10 years anyway in ANY country that I know of and so 2013-2023 .. its about time.

 

Quote

https://en.wikipedia.org/wiki/Visa_Waiver_Program

Prior travel or dual nationality in certain countries

Since 2016, those who have previously traveled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011, or who are dual nationals of Iran, Iraq, North Korea, Sudan or Syria, are not eligible to travel under the VWP.^[13] However, those who traveled to such countries as diplomats, military, journalists, humanitarian workers or legitimate businessmen may have this ineligibility waived by the Secretary of Homeland Security.^[14]

 

While I guess technically it would be possible to circumvent this issue by getting another passport, and then answering no to the pertinent questions on the ESTA application form, lying to authorities never works out well... Especially if you are looking to at a future date to immigrate to the said country, that seemingly innocent lie could come back to haunt you years after.

[SusieQQQ 11,587]

1 hour ago, Electrichead64 said:

I'm not buying into the story that he can't enter the US on a Netherlands passport because he visited Iraq in 2013, but assuming that is true, he's probably better off just getting a new passport.  They only last 10 years anyway in ANY country that I know of and so 2013-2023 .. its about time.  The US itself will issue dual passports on request for travelers that go to sensitive countries .. like if I visited Israel or Saudi Arabia and wanted to go to the other, you would use different passports.

 

It’s not that he can’t use a Netherlands passport, it is that he can’t use VWP. Changing passports doesn’t change what you have done, the VWP eligibility questions are about what you did, not which passport you did it on. Fraudulent misrepresentation to gain an immigration benefit can get you banned from the US. This is a totally different situation from what you use an example.
 

 

Edited March 28, 2021 by SusieQQQ

[nineohtwo 8]

3 hours ago, Electrichead64 said:

I'm not buying into the story that he can't enter the US on a Netherlands passport because he visited Iraq in 2013, but assuming that is true, he's probably better off just getting a new passport.  They only last 10 years anyway in ANY country that I know of and so 2013-2023 .. its about time.  The US itself will issue dual passports on request for travelers that go to sensitive countries .. like if I visited Israel or Saudi Arabia and wanted to go to the other, you would use different passports.

 

Lol, this is an oddly hostile reply for being so ill-informed. No offense, but you really shouldn't suggest things like this especially when someone wants to immigrate to a country legally. I can assure you we have researched this ad nauseum and it is true that he lost his ESTA privileges due to the Iraq visit.

 

We'll wait for the tourist visa but marry in the meantime and if he likes the U.S. after finally being able to visit again, we'll start the spousal visa. Thanks all!

Edited March 28, 2021 by nineohtwo