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corvusheart

Applying for the Fiancee Visa while on ESTA but staying in Home Country

By corvusheart in K-1 Fiance(e) Visa Process & Procedures

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corvusheart Proficient

corvusheart   163

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Filed: Citizen (apr) Country: United Kingdom
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Alright so I am an American Citizen looking to get my British fiancee moved here. My question is this. Currently he is on a ESTA and that is how he has been visiting me. On the ESTA website it says you cannot pursue immigration while on a ESTA. Does that mean while he is in the USA or if he is at home in England as well?

I want to know if it's ok if I get the immigration process started while he STAYS in England (still having the ESTA) until the process is finished.

- I am the US Sponsor-

 

Removal of Conditions (pending)

 NOA1 - 2/27/2017

 Biometrics - 3/22/2017

 

Citizenship

NOA1 - 3/19/2018

 

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britishdakota Explorer

britishdakota   18

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

The rule on ESTA/VWP is to stop people changing visa category in the USA, there are some very limited exceptions but they don't apply here.

Filing while he still lives in the UK is the way to go, it is a slow process. The good news is he can visit on the VWP/ESTA while the process is ongoing, but make sure he has proof of ties to the UK otherwise he may be denied entry as an intending immigrant.

 
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