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HJD12

Can I get an ESTA while waiting for my Spouse Visa?

By HJD12 in Tourist Visas

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HJD12 Newbie

HJD12   0

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My girlfriend is a GreenCard holder and last year I applied for a B2 visa because I wanted to visit her for a longer period of time and we wanted to travel through America together. This was rejected. We are now married and we have a process for a Spouse visa. Can I still get an ESTA due to my rejected B2 visa to await the Spouse Visa process with my wife in America? I am a Dutch citizen.

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Verrou Proficient

Verrou   1,962

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6 minutes ago, HJD12 said:

My girlfriend is a GreenCard holder and last year I applied for a B2 visa because I wanted to visit her for a longer period of time and we wanted to travel through America together. This was rejected. We are now married and we have a process for a Spouse visa. Can I still get an ESTA due to my rejected B2 visa to await the Spouse Visa process with my wife in America? I am a Dutch citizen.

normally ESTA gone forever once ur B2 rejected. 

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Crazy Cat Grand Master

Crazy Cat   41,806

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14 minutes ago, HJD12 said:

My girlfriend is a GreenCard holder and last year I applied for a B2 visa because I wanted to visit her for a longer period of time and we wanted to travel through America together. This was rejected. We are now married and we have a process for a Spouse visa. Can I still get an ESTA due to my rejected B2 visa to await the Spouse Visa process with my wife in America? I am a Dutch citizen.

90 days wasn't long enough?  You can apply, but the denied B2 will, likely, trigger a denial.    Had you asked us, we would have warned you before applying for the B2.  You'll now have to meet outside the US.

Edited by Crazy Cat

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powerpuff Veteran

powerpuff   6,677

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~~ Topic moved from Ir1/CR1 forum to Tourist visas forum ~~
 

Applying for a B2 while ESTA eligible is a gigantic mistake. ESTA is gone, if not forever, for many, many years. Added to that is a strong immigrant intent demonstrated by a pending I-130 for an F2A visa. Looks like she’ll have to visit you in Netherlands or you meet in a third country.

 

 

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Sammy_2496 Explorer

Sammy_2496   116

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Your ESTA application will get denied, i would be very surprised if it did not. It would be a red flag if your B2 was granted, CBP probably would have asked why you opted for that when you come from an ESTA country. It's best they come to visit you.

Edited by Sammy_2496
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Chancy Grand Master

Chancy   6,241

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51 minutes ago, HJD12 said:

Can I still get an ESTA due to my rejected B2 visa to await the Spouse Visa process with my wife in America?

 

The F2A spouse visa process takes years.  You cannot wait it out in the US.  ESTA visits are only for 90 days max, and you are not allowed to work.  You may apply, but you will likely be denied.  Make sure to be truthful about the B2 denial, so you do not jeopardize your F2A process.

 

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Boiler Grand Master

Boiler   45,442

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You apply, you tick the box that says you have been refused a visa and you see if you are approved or not.

 

You then come back here and let us know what happened.

“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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SalishSea Grand Master

SalishSea   17,801

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2 hours ago, HJD12 said:

My girlfriend is a GreenCard holder and last year I applied for a B2 visa because I wanted to visit her for a longer period of time and we wanted to travel through America together. This was rejected. We are now married and we have a process for a Spouse visa. Can I still get an ESTA due to my rejected B2 visa to await the Spouse Visa process with my wife in America? I am a Dutch citizen.

There is no visa available to you for waiting out the years-long spouse visa process.  It is very unlikely you will be authorized for ESTA after the B denial.   That was an unfortunate move.

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powerpuff Veteran

powerpuff   6,677

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24 minutes ago, HJD12 said:

If I occasionally try to apply for an ESTA and it keeps getting rejected, will it hurt my Spouse Visa Process?

 No

 

19 minutes ago, HJD12 said:

And can anyone give an indication of how long the Spouse Visa Process will take in total?

Process is longer for spouses of GC holders than for spouses of US citizens. You’re looking at 4-5 years from filing to visa in hand for an F2A category. 

 

 

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