I am an Australian citizen, my boyfriend has secured a working visa for USA however I can only enter without a visa.

If I travel to London for a couple of weeks when my visa-free period of stay runs out, will I be able to apply for a new ESTA and re-enter USA for another 90 days?

Side note: we do plan on getting married, so I won't have to keep on applying for ESTA, but I will need to apply at least 2 times before this time.

  • You can actually get a B-2 visa, which allows you to stay for at least six months, but whether that's a good idea is another matter. – phoog Sep 18 '17 at 3:00
  • Did you not ask this exact same question this morning? Did I not migrate it to Expats? – JoErNanO Sep 18 '17 at 17:47
  • Found it: travel.stackexchange.com/q/102280/22140 – JoErNanO Sep 18 '17 at 17:49
  • Are you saying that you intend to spend 3 or 4 consecutive 90 day periods in the US, with only a couple of weeks between them? That would be a problem. – DJClayworth Sep 18 '17 at 18:07

You're mixing up two different things: ESTA preclearance (valid two years, good for unlimited entries) and the Visa Waiver Program (VWP) to actually enter the country.

Under the VWP, you can enter the US for a period of up to 90 days, and the clock will reset if you go to London and come back. Your ESTA will remain valid throughout.

Beware that, visas aside, you may be denied entry to the US if they have reason to suspect you will work illegally or not return, and going there to be with your boyfriend and not having the means to support yourself will raise alarm bells.

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To be honest, given that you plan on getting married, you should take it really easy with visa-free visits, because it will be extremely easy for the CBP to assume you plan on simply remaining illegally.

I personally would hardly recommend more than a single one-month visit within a 6-month period. Definitely bring a return flight confirmation and proof of ties to Australia.

Then, when the time comes, if you plan on settling in the US, get a derivative E3-D visa

That said: yes, the clock resets when you leave the WHTI area (basically North America+Caribbean), and so you could be granted a new 90-day visa-free stay in the US - at the CBP's discretion of course

Also your ESTA (which is not a visa, but an online passport registration needed for most people except Canadians to enter without a visa by air or sea) is valid for 2 years unless your passport expires sooner. So no need to apply twice even if visiting twice.

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    Her fiancé being a nonimmigrant, she will be unable to get a K-1 or a derivative immigrant visa. – phoog Sep 18 '17 at 13:39
  • @phoog Right you are, slipped my mind – Crazydre Sep 18 '17 at 14:25
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    As the spouse of an E visa holder, I believe she would be eligible for a derivative E visa. – phoog Sep 18 '17 at 16:51

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