Can I apply for an ESTA if I am married to a US citizen?

score:6

Accepted 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.

More post

Search Posts

Related post