Going back to the USA on ESTA after K1 visa and marriage
I'm a US citizen and my wife is from Australia. About 3 years ago we applied for a K1 visa for her to come to the US and we had 3 months to get married, and we did that. However, after we got married she stayed with me there (US) for about 8 months and we decided to live in Australia. Now 2 years later, we both want to go back (US) and visit my family. My question is can she go back with a simple ESTA? Would they stop her from re-entering? We didn't fill any forms or anything after we got married within the 3 months. I'd just like her to go back with me and visit family. What problems might we incur?
Best Answer
I would telephone the local US consulate in Australia an make an appointment to discuss the situation. Immigration rules are very specific in the US and it is likely since the follow up paperwork was not supplied that your wife does not enjoy the status she would have. Please speak with the officials before you start your journey. My guess is she will have to come in with a tourist visa for a short visit. My wide is also not from the US an we relocated there twice, ad after leaving the first time gave back the green card ad needed to apply again when we moved there the 2nd time.
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Can you leave the US after getting married on K-1 visa?
Can I leave the United States at all after I get married? After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for \u201cadvance parole,\u201d which gives you permission to travel.Can you stay in us if you marry on esta?
If you are a national of one of the Visa Waiver countries, you can apply for ESTA authorization to travel to the without having to secure a visa. Visa-free travel is allowed for trips of up to 90 days and permissible activities include getting married and tourism (honeymooning).What happens if you get married during K-1 visa process?
What happens if we get married after filing a K-1 Petition but before I immigrate? If the beneficiary and petitioner are legally married after filing the I-129F petition, the beneficiary is no longer eligible for the K-1 visa. The K-1 Petition cannot be converted into a CR-1 or an IR-1 spousal petition.Can you apply for visit visa to USA after spouse visa?
It is absolutely possible for a foreign spouse to visit their partner in the United States while awaiting their green card application. If you are a foreign spouse, you may apply to enter the United States via a tourist visa if you have a pending I-130 petition, and wish to go back to your home country after the visit.Can I enter the US on ESTA while my fiance visa is pending?
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