Obtaining a visa with valid ESTA

[Aussie_America1 0]

Hi there everyone,

First of all, I'd like to introduce myself (as this is my first post). I've been lurking here for quite some time and I have found so much valuable information here, so thank you so much to all of you active posters. I'm an Aussie guy in a relationship with an American girl. I met her just over a year and a half ago on my first trip to America and have fallen head over heels in love with her. Our eventual goal is to settle in the US together. Right now we are doing back and forth long distance while I complete my degree - she has just graduated herself and is working in San Francisco.

I've spent several days now scrolling through the depths of the internet trying to find an answer to my question. Right now I have been using the VWP to enter the US for periods no longer than 90 days. I have a valid ESTA through to November of this year, and I intend on coming to the US on exchange. I have a few questions about that particular visa but I'll save that for another post. Right now I'm seeking information about applying for a visa while having a valid ESTA attached to my passport.

My girlfriend and I have been under the impression that while an ESTA is valid, one cannot apply for another visa. I'm just seeking clarification on this as I'm now not so sure. I know that adjusting status after entering the US on the VWP is illegitimate, but what if I am in my home country and looking to apply for a J1 visa? I've applied for study abroad in starting January of next year, but I'm unsure if I'll be able to get the visa in time if I indeed cannot apply for it until the ESTA has expired.

Thanks very much to any and all who offer advice. I look forward to being a part of this community during my long road ahead

[MacUK 983]

Dunno who told you that you can't apply while your ESTA is valid but it's not true.

Although you do need to be aware that if your application is denied then you will need to renew your ESTA and include that you've been denied a visa.

This could stop you getting ESTA approval for a while.

[Aussie_America1 0]

Thanks very much for the speedy reply! We were told by my girlfriends old boss who's husband immigrated from the UK. Pretty frustrated that we were given false information.

As far as the application denial chances, I'd be entering on an exchange program. I have no criminal record and have never overstayed my allowed 90 day period. Are you aware of any other reasons I may be denied a visa under these circumstances?

Dunno who told you that you can't apply while your ESTA is valid but it's not true.

Although you do need to be aware that if your application is denied then you will need to renew your ESTA and include that you've been denied a visa.
This could stop you getting ESTA approval for a while.

[Penguin_ie 5,984]

You will most likely be approved, if you can show the funds for the program and living expenses.

[Aussie_America1 0]

Got it, thanks. Its an exchange program through my university so tuition fees are all taken part of as part of the exchange, and I have enough money for expenses while I'm in the country.

I'll ask another question here to avoid clogging up the forum with a ton of new threads. I'm aware that in certain circumstances the J1 visa comes with a 2 year mandatory home residency requirement if the exchange is partly or fully funded by the US or my government. I am eligible t o receive a loan through my government in the amount of $6500 each semester I do there. I'm unsure if this qualifies as being government funded as its a loan that I'm paying back. If I were to refuse financial help by my government, is anyone aware if this would remove the 2 year home stay requirement, or would the exchange still be considered to be funded by either government? What reaction would Australia be likely to have if I requested a no objection statement down the road if 212(e) applied to me?

I know that this question is pretty specific to Australia, so any help from an Aussie who went on exchange to the US and dealt with this issue down the track (or if anyone else knows) would be amazing.

You will most likely be approved, if you can show the funds for the program and living expenses.

Edited July 27, 2016 by Aussie_America1

[Penguin_ie 5,984]

Not sure on the loan being government funding, but getting the 2 year requirement waived is usually not a bit issue.