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Confusion on ESTA VWP, marriage and consequence

Confusion on ESTA VWP, marriage and consequence

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Old Feb 24th 2020, 9:55 pm
  #16  
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Default Re: Confusion on ESTA VWP, marriage and consequence

Hi, I met my now Wife in Oct 2016 and from Jan 2017 until August 2019 we spent time together every month mostly in the USA . I came over for a month at a time and was always away longer than my last trip. I have Global Entry which is worth it for frequent travellers, but at no time was I grilled or in anyway felt uncomfortable during my entry to the USA.I think the record from leaving the plane to getting out of Customs ( hand luggage only was 15 minutes ) I was occasionally asked about my trip and then about my girlfriend, fiancee - usually how we met but it was never more than that. My girlfriends entry to the UK twice a year was always more of a grilling for her than I ever got going the other way despite the much more frequent trips I made.

I did the K1- route - Applied in September 2018 and married in September 2019 AOS filed end Sept and Green Card arrived late January and SSN late Feb - Don't apply for a SSN when you apply for EAD as it just delays the SSN. This was all done with the help of this forum ( thanks all !) and no Lawyer.
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Old Feb 24th 2020, 10:49 pm
  #17  
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Default Re: Confusion on ESTA VWP, marriage and consequence

Originally Posted by sianlk
Absolutely valid point - I am wondering though if I can marry on my ESTA and then return home, but then I am to wait up to 12 months on a CR-1, is this correct? If so, am i allowed to visit my husband?!

The ESTA is only the permission for you to use the VWP to enter the US. Yes, if you enter the US, marry, return home and your husband files the I-130 for you stateside, you can visit him while the application is pending. You would again enter on the VWP and can stay only up to 90 days. That means you should plan on leaving the US on at the very most the 85th day of that time period. Any delay that keeps you grounded in the US even one minute after the 90 days means you cannot use the VWP again.
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Old Feb 25th 2020, 2:12 pm
  #18  
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Default Re: Confusion on ESTA VWP, marriage and consequence

And he of course can visit you.
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