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Aussie_America1

Obtaining a visa with valid ESTA

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Filed: J-1 Visa Country: Australia
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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 :)

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Filed: Other Country: United Kingdom
Timeline

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.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: J-1 Visa Country: Australia
Timeline

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.

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Filed: Citizen (apr) Country: Ireland
Timeline

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

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: J-1 Visa Country: Australia
Timeline

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 by Aussie_America1
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Filed: Citizen (apr) Country: Ireland
Timeline

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

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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