Emmas

Hi,

I'll try to give just the facts without a long winded story.

Hubby and I both rejected for visa "B1 in lieu of H1" in March (me as a spouse).
Hubby went back and is now approved for a 6 month visa

Me... hubby is speaking with the attorneys this afternoon about me, but still want your opinion anyway.

We have our wedding ceremony Sept 2nd this year, and I NEED to be out there for then. Do we apply for the spouse visa again? (I did have an ESTA, but as I now have a rejected visa against my name, I know there is a high chance ESTA will get denied, but I havent tried yet - waiting for attorneys to tell us the way forward).

I think it would make sense for me to apply for my ESTA, get the denial, then apply for the B spouse visa/ or just a normal B visitor visa. I don't need longer than 90 days. All I need is 3 weeks (1 week for wedding ceremony and to spend time with the family/friends that have flown out from the UK) then 2 weeks honeymoon in the US).

I have no legal exp/knowledge at all, but I think it makes sense to show that I have tried to get the ESTA at least, otherwise will they not wonder why I havent tried this BEFORE I apply for something else?

I'll keep u posted with what the attorney says.

Hubby flying out to US June 11th.

P.S Even though we are legally married, we had a small registry office ceremony in the UK for the family that could not attend the US wedding, but our "wedding" itself with all the dress, photographer, and the works is the US wedding.

ian-mstm

It'll take 8-10 months to get a spouse visa. That doesn't seem to fit in with your plans.

Ian

rebs

Would the OP even be eligible for a spouse visa, if her husband is on a 6 month visa?

fatbrit

Another cup of coffee before your deliberations would be in order.

scrubbedexpat099

I had to re read your post several times, also no coffee yet.

I suggest when applying for a B2 you are a lot more clear in your intent, they will read it only once.

Try and see, nobody else can give you the answer.

Emmas

Thanks for your replies.

Yes, would make application very clear that it is only needed for a few weeks and it's for our wedding ceremony.

I'll post back and let you know what's decided and the outcome!

Thanks

crg

There is no spouse/dependent visa for a B1. The spouse has to qualify independent of the one who was issued the B1 visa.

So it's either approved ESTA or B2.

scrubbedexpat099

I thought you said you married?

I am sure you said you married.

Noorah101

They had a "courthouse" marriage. When she says "marriage ceremony" she's just talking about the more fancy affair.

Rene

scrubbedexpat099

Hence the confusion, a Blessing then.

md95065

Exactly what visa has your husband been approved for?

B1 or something else?

scrubbedexpat099

B1 would not allow him to work.

Emmas

"B1 in lieu of H1" is the visa hubby has been approved for.

He has been advised on what he can and can't do once there.

Attorney in meetings all day yesterday, so here's hoping to speak with them today.

Emmas

Just thought I would update with our situation; we went to Houston on a B1 in lieu of H1, well my hubby did, I visited on the Esta for 3 months. In the mean time the company applied for E status and they said that it could take up to 90 days for everything to go through... it took 2 weeks!

We are now proud owners of E visas for 5 years! It took 3 years of trying and we are finally making our way to Houston for good.