Onshore or Offshore Petition application

[Layn33 0]

Our first petition application was declined because we used the outdated form that we got from the website.  My husband is wishing to start school in September in the USA, he is an American citizen.  As it's getting so close, would I be able to go over on ESTA and he lodges my petition from the USA or is it better for me to remain in Australia and wait until a new petition/visa application is approved? We really don't want to be apart for a huge amount of time.  We've been married for 8 and a half years. It's so confusing and I can't find any info online for our specific issues.

Layn33

[Boiler 48,023]

ESTA is for the VWP which is for visiting not immigrating.

Edited July 5, 2017 by Boiler

[aleful 1,905]

hi

 

as said, you can visit your husband while he files for you, the process can take a year

 

to visit with the intent to immigrate is considered fraud. you have the advantage to visit him during the process

 

 

[Coco8 1,059]

You can visit on ESTA. But make sure you do not stay longer than allowed because, otherwise, you won't be able to use it again. I think you have up 90 days per visit.

 

So you could go up to 90 days September-Nov. But then you need to allow time in between or it could be suspicious and they could cancel your ESTA. So he might want to go to Australia during his winter break to allow time between your visits. If he does, he will have to buy the ticket in advance because tickets in December can get up to twice the price if you don't get them early (and travel at the beginning of the month). 

 

I'm sorry they denied you visa. You should file it again as soon as possible.

Edited July 5, 2017 by Coco8

[Penguin_ie 6,002]

Considering the IR-1 spousal visa takes 12-14 months, if you do not want to be apart, he might consider delaying college for a year?

[Boiler 48,023]

Or go to school in Australia?

[Layn33 0]

Thanks for the responses.  I don't want to do anything to jeopardise our chances, so will continue with the offshore application.