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Earlier this year I went to the States on an ESTA and married my partner who is American. I returned home soon after. Now I want to go back to spend Christmas with my partner. Can I re-enter on the same ESTA or do I have to apply for a different visa?

I read online that if you get married you cannot use the same visa. I just want to visit; I have no intentions of trying to stay in the States for longer than a month.

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    Can you clarify whether your partner lives where you do and is traveling with you, or your partner lives in the US and you live elsewhere? – Dennis Oct 23 '17 at 18:43
  • Where did you read this online, and what exactly did you read? It's wrong as stated, but it would be correct in certain circumstances (in particular if the reason for wanting to enter the US were different). Sometimes people make incorrect assumptions about reasons for things, especially if they overlookimportant facts. – phoog Oct 24 '17 at 0:54
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    An ESTA is not a visa. If you have an ESTA (which is valid 2 years), you entered the US on the Visa Waiver Program. – user67108 Oct 24 '17 at 2:59
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As long as you are staying under 90 days you will be fine with an ESTA although you will get scrutinised more at the border than your average traveller. Make sure you can prove your ties back to your home country so the officer is confident you are not trying to stay in the United States. Just tell the truth, if you have nothing to hide you should be fine.

  • So i dont need to apply for another visa? i can use the same one? – Han Oct 25 '17 at 12:31
  • As long as your ESTA is still valid no, you are only visiting, you only need a visa if you are trying to live or work there, like I say be honest with the CBP officer and you should be fine. Remember an ESTA is not a visa, it allows you to enter the USA visa free with a CBP officer having final say on your admission into the USA – BritishSam Oct 25 '17 at 12:51

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