My boyfriend & I are planning on getting married, but we are not going to live in the same country, which would force me to apply for an ESTA every time I would want to visit him. Is this possible? I am from Denmark. He is a US citizen living in America, and we are not interested in living together at the moment, only in getting married.
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There is no formal restriction on that. Most probably you get an approval. Most US citizen spouses successfuly get non-immigrant visas as it is obvious they can implement immigration intentions legally in around one year. No reason to illigaly move to the US.– DmitryCommented Feb 23, 2023 at 20:36
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Where can I find more information about this? All the websites I find all talk about visa/green card.– EmilieCommented Feb 23, 2023 at 21:36
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1 Answer
which would force me to apply for an ESTA every time I would want to visit him
ESTA is valid for two years or until your passport expires, whichever is shorter. You would only need to apply for ESTA every time you visit if you plan to visit less frequently than once every two years. Furthermore, you're never forced to apply for ESTA; you always have the option of applying for a B-2 visa instead.
With that in mind, however, there's nothing preventing you from applying for ESTA as the spouse of a US citizen residing in the US. Every time you arrive in the US (whether with ESTA or a B visa) you'll have to overcome the presumption that you intend to immigrate to the US. This is less alarming than it sounds at first: the immigration officer is required by law to adopt this presumption for every nonimmigrant in certain classes, including visitors with B visas and those using the VWP.
Overcoming this presumption will be somewhat more difficult for you than for most, however, since you'll have to explain why you and your spouse are living in different places. Nonetheless, assuming you have a good reason for this arrangement, it shouldn't be too hard to convince the immigration officer.
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Thank you so much! This was really helpful actually. If I have my own place in my home country, and are studying this would be enough to convince an immigration officer that I am indeed not trying to immigrate, right? That's why we're not going to live together just yet because we are both going to study in our own home country.– EmilieCommented Feb 24, 2023 at 19:30
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1@Emilie having your own place and being engaged in your studies are important facts in your favor. In general, having ties to your country of residence is important because they are easier to evaluate objectively than are statements such as "I do not intend to stay." Of course, nobody can predict how any given immigration officer is going to act, but in general you're allowed to visit, and as long as you present your plans credibly and genuinely you should be allowed to.– phoogCommented Feb 26, 2023 at 13:31