Me (US) and Husband (Aus) Visiting USA in June - him on esta

[CoyKoi 0]

QUESTIONS:

 

1) What can we do ahead of time to help ensure that he can make it into the US on his esta? 

2) In the worst case scenario, if they don't let him in, can we just book a flight from the US to Latin America or would they make him return to Australia?

3) A friend thought he just needs to show a certain amount of money in his account to support himself for the time he is in the US - is this right? How much do they want to see? Will they consider money in my US accounts, since we're married (but as this is our first trip to the US together, and his first ever, we don't have a US joint account)?

4) Should I have a Chicago immigration lawyer on speed dial in case they give us problems? Would that even help if they decide to refuse him entry?

 

BACKGROUND INFORMATION:

 

My husband, and I got married last year via the Utah remote zoom marriage while living together in Thailand. We looked into the CR1, but we eventually decided against it, as neither of us has a strong desire to live in the US. We've lived in Thailand for the last 8 years, but have decided to leave Thailand in June to travel and explore new destinations that would have better time zones for my remote work (we're looking into Ecuador and Portugal).

 

I've recently read some HORROR stories of people getting refused entry into the US bc the immigration agent believes they want to stay. I know one of the things they'll look at is his "close ties" to Australia, which I'm afraid he doesn't have, beyond his family, who we're visiting after the US. We both work remotely online, his work is for a European company, not Australian. He doesn't own a house or a car in Australia either. We have work permits here in Thailand, but we're giving them up before we go to the US. 

 

He's got his esta, but I understand that doesn't guarantee him entry to the US. We'll have all our flights booked, including his return to Australia. Our itinerary: 

mid-June - Fly from Bangkok to Chicago, followed by a domestic flight to my parents' city

6 weeks USA

8 weeks Ecuador

1 week Mexico

6 weeks USA (my brother's wedding)

He flies to Australia mid-November

I fly to Australia after Christmas/NY with my family (who I haven't seen for 3.5 years due to the pandemic) - this is the only flight that won't be booked when we enter the US the first time.

 

This is causing me a lot of stress, I'm happy to print out a load of documents or whatever may be necessary to help make things smoother. What are people's recommendations?

[Redro 4,588]

5 hours ago, CoyKoi said:

QUESTIONS:

 

1) What can we do ahead of time to help ensure that he can make it into the US on his esta? 

2) In the worst case scenario, if they don't let him in, can we just book a flight from the US to Latin America or would they make him return to Australia?

3) A friend thought he just needs to show a certain amount of money in his account to support himself for the time he is in the US - is this right? How much do they want to see? Will they consider money in my US accounts, since we're married (but as this is our first trip to the US together, and his first ever, we don't have a US joint account)?

4) Should I have a Chicago immigration lawyer on speed dial in case they give us problems? Would that even help if they decide to refuse him entry?

 

BACKGROUND INFORMATION:

 

My husband, and I got married last year via the Utah remote zoom marriage while living together in Thailand. We looked into the CR1, but we eventually decided against it, as neither of us has a strong desire to live in the US. We've lived in Thailand for the last 8 years, but have decided to leave Thailand in June to travel and explore new destinations that would have better time zones for my remote work (we're looking into Ecuador and Portugal).

 

I've recently read some HORROR stories of people getting refused entry into the US bc the immigration agent believes they want to stay. I know one of the things they'll look at is his "close ties" to Australia, which I'm afraid he doesn't have, beyond his family, who we're visiting after the US. We both work remotely online, his work is for a European company, not Australian. He doesn't own a house or a car in Australia either. We have work permits here in Thailand, but we're giving them up before we go to the US. 

 

He's got his esta, but I understand that doesn't guarantee him entry to the US. We'll have all our flights booked, including his return to Australia. Our itinerary: 

mid-June - Fly from Bangkok to Chicago, followed by a domestic flight to my parents' city

6 weeks USA

8 weeks Ecuador

1 week Mexico

6 weeks USA (my brother's wedding)

He flies to Australia mid-November

I fly to Australia after Christmas/NY with my family (who I haven't seen for 3.5 years due to the pandemic) - this is the only flight that won't be booked when we enter the US the first time.

 

This is causing me a lot of stress, I'm happy to print out a load of documents or whatever may be necessary to help make things smoother. What are people's recommendations?

It all depends on the mood of the person who chats to your husband.

Your first trip might be okay but then your second trip (9 weeks after the first) could be a bit tricky.

If you are worried about him being denied entry would you be willing to choose only one of the trips (maybe your brother's wedding?)

Or change your flights so you travel to Ecuador, Mexico and then spend 10 weeks in the US for your brother's wedding/ seeing friends/family? 

Also, be aware your husband is not supposed to work while he is in the US.

This includes remote work. 

 

Your husband having a bank account in the US would be a big red flag IMO. So, don't try to open a joint bank account or have him say he transferred all his cash to his wife's account... 

He should have enough to support himself for his entire trip in the US as he should not be working. Maybe even enough savings for 21 weeks of travel... if you decide to visit the US twice and he needs to explain your extended vacation plan.  

He should also be honest if asked and tell them he will be staying with his US wife's family. 

 

P.S if he is denied and you decide to fly to South America. Make sure any flights from that return from Ecuador don't transit through the US.

IIRC You need a transit visa for that if you do not have ESTA. 

 

 

Edited May 4, 2022 by ROK2USA

[Chancy 6,233]

*** Moved from Off Topic to Tourist Visas, where similar topics about US entry on ESTA are discussed ***

 

7 hours ago, CoyKoi said:

We both work remotely online

 

@ROK2USA already covered the key points above.  I just want to highlight that your husband's remote work arrangement could be the most problematic point.  Does he have approved leave of absence from his company for the entire duration of his US visits?  He is not allowed to work during his visits, even if the company he works for is not based in the US.  Check the thread below for a report from a VJ member turned away by CBP and had ESTA revoked as a consequence of possibly having remote work --

 

 

[canadian_wife 1,785]

I highly doubt a lawyer can do anything for a denial of entry.  Likely the agent will refuse to speak to the lawyer as they are not obligated to. 

Good luck 

[CoyKoi 0]

On 5/4/2022 at 6:15 PM, ROK2USA said:

 

 

P.S if he is denied and you decide to fly to South America. Make sure any flights from that return from Ecuador don't transit through the US.

IIRC You need a transit visa for that if you do not have ESTA. 

 

 

Thank you for your reply! Are you saying that if he's denied entry, he wouldn't be able to fly from Latin America to Australia via the US, even if the flights were packaged as part of a single ticket and he never left the international part of the airport???? 

It looks like transit visas can take 15-45 days, so that may be achievable if it came to that.

[CoyKoi 0]

20 hours ago, canadian_wife said:

I highly doubt a lawyer can do anything for a denial of entry.  Likely the agent will refuse to speak to the lawyer as they are not obligated to. 

Good luck 

Thank you for that information, I was unsure whether it would be a waste of time, sounds like it would be. How sad that there seems to be no real oversight of the process at entry. 

[Redro 4,588]

2 hours ago, CoyKoi said:

Thank you for your reply! Are you saying that if he's denied entry, he wouldn't be able to fly from Latin America to Australia via the US, even if the flights were packaged as part of a single ticket and he never left the international part of the airport???? 

It looks like transit visas can take 15-45 days, so that may be achievable if it came to that. Be aware the visa might not be granted...  

Yep! You need a transit visa to fly through the US. 

It doesn't matter if you are staying in the airport... 

 

https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/transit.html

• A foreign citizen traveling to another country who will have a brief layover in the United States when the only reason for entering the United States is to transit.

• If you already have a valid visitor (B) visa, you may be able to use it to transit the United States. If you are a citizen of a participating country, you may be able to transit the United States on the Visa Waiver Program. 

   

   

I really don't think the first trip will be an issue though.

It is the second trip that might raise some flags. 

Edited May 6, 2022 by ROK2USA

[SusieQQQ 11,584]

9 hours ago, CoyKoi said:

Thank you for your reply! Are you saying that if he's denied entry, he wouldn't be able to fly from Latin America to Australia via the US, even if the flights were packaged as part of a single ticket and he never left the international part of the airport???? 

It looks like transit visas can take 15-45 days, so that may be achievable if it came to that.

There is no “international part of the airport” in the US - iow there are no “transit only” areas. Everyone goes through immigration before boarding their next flight. This is why a transit visa application is pretty much identical to a B visa application. 

[SusieQQQ 11,584]

9 hours ago, CoyKoi said:

How sad that there seems to be no real oversight of the process at entry. 

Not sure what this means. Not aware of any country where border officials are supposed to be subjected to questions by lawyers about their admission  decisions in real time or even later.

US law specifically states (INA section 214b) that anyone seeking either a visa or admission as a non immigrant is presumed to have immigrant intent, and the onus is on them to prove otherwise. Your spouse is simply going to face this law same as everyone else.