ESTA or B2 after you marry USC?

[GiggsMcGill 40]

Hi Guys,

 

I'm a USC, and my fiance is Australian. We're going to the US next month to get married and my fiance will be on an ESTA. I've got two questions i'd like opinions on as it seems several people have had these experiences before.

 

1) I know it's not illegal to come into the US to get married as long as we leave. Should I bring any documents to prove I (as the USC) have ties outside the US so we'll definitely be leaving? (We have return tickets, so tickets to leave already)

 

2) I've been having lawyers tell me that once we're married, it's pretty much impossible for him, as an Australian married to a USC, to come into the US without a green card. I thought that seemed extreme. Would he be ok with an ESTA, or would he need to do a B2 visa? 

 

Anyone's personal experiences would be greatly appreciated!

[Roel 7,192]

1. Sure. 

2. B2 would be even harder for him to get. And once he applies for b2 he will loose ESTA forever. Always try esta first. Of course there is a chance of being denied.  Then in order to go to the USA he will need a spouse visa - thought that is for people who want to pernamently live in the USA. 

[Boiler 45,651]

2) Were these US Immigration LAwyers you spoke to? If so you should report them to their local Bar.

[geowrian 22,337]

You can visit on an ESTA perfectly fine while married to a USC. It does set a higher bar to show that you intend to leave, but so long as you are not abusing the privilege (e.g. staying too often or too long in the US, violating status, etc.), you should be fine. Many people do this.

 

Applying for a tourist visa and being refused requires you to update your ESTA...almost certainly resulting in a denial. And it's setting a higher bar to show ties to return home than an ESTA holder. The only time this makes sense is when either 1) you don't qualify for an ESTA already, or 2) you have a compelling reason to attempt for more than 90 days to visit.

[Dashinka 24,579]

As to 2, if you are still living in Australia as a married couple and are just coming back to visit your family together, then ESTA should be used with both of you having documented ties back to Australia.  If you are located here, and he is just coming to visit you, he can still use ESTA, but he will only have his ties that say he will return, so the bar to entry may be a bit higher.  Either way, he can use an ESTA.

 

Good Luck!

[JFH 12,190]

I travelled multiple times via the VWP from the U.K. to my husband in the USA before I immigrated. 

 

A B-2 is no different from the VWP insofar as admittance into the country. If the CBP officer believes he is not a genuine tourist then it doesn't matter whether it's a B-2 or the VWP, if he doesn't want to let you in, you're not coming in. Only USCs are guaranteed admission into the country. If you are living overseas with him then I see no problem with the VWP for visits to family and friends. It's exactly what the VWP is for - occasional short visits. If you are returning to the US to live and he will be visiting you from Australia then he can still visit but the CBP officer may question him a little more than usual to ensure he is not planning to live here without an immigrant visa. But the VWP would still be fine for this purpose - as many of us can prove from our own personal experience. 

Edited April 2, 2018 by JFH

[GiggsMcGill 40]

Thank you all! This has really made me feel a lot better  Super helpful!!