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ellrond

Applying for Spouse Visa after getting married on ESTA

By ellrond in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

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ellrond Newbie

ellrond   0

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I'm a US citizen and live abroad with my spouse who is a UK citizen. We got married in the US while he was there on an ESTA visa waiver, and then returned to where we live outside of the US. We are now considering a move to the US and applying for a CR-1 Spouse Visa for him. I'm wondering if anyone has experience with this, and if we should expect any issues with the visa being approved since we were married in the US while he was on an ESTA visa. 

Lil bear Mentor

Lil bear   4,239

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Filed: Citizen (apr) Country: Australia
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15 minutes ago, ellrond said:

I'm a US citizen and live abroad with my spouse who is a UK citizen. We got married in the US while he was there on an ESTA visa waiver, and then returned to where we live outside of the US. We are now considering a move to the US and applying for a CR-1 Spouse Visa for him. I'm wondering if anyone has experience with this, and if we should expect any issues with the visa being approved since we were married in the US while he was on an ESTA visa. 

Marrying in the US on an ESTA then returning overseas will not be an issue. But you will need to demonstrate intent to reside in the US.. you may have to go ahead of your spouse have an established residence before the interview .. and make sure you meet the financial obligations or get a joint sponsor 

Boiler Grand Master

Boiler   45,585

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Filed: K-1 Visa Country: Wales
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Let’s get the terminology correct no such thing as a ESTA visa.

 

You were married when you spouse was visiting on the VWP which be definition is not a visa.

 

You have a US Marriage certificate so that can only be a plus.

“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.”

mam521 Proficient

mam521   2,070

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Filed: Citizen (apr) Country: Canada
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The other clarification here - you will have to apply for the CR1 now, not once you're back in the US.  You cannot adjust status at this point. 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

 
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