Q: As a UK citizen, if I marry a U.S. citizen can I still travel back and forth between USA and UK on ESTA
While spousal visa process is being carried out, can I travel back and forth so I can work in UK and spend time with my wife?
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A:
As a UK citizen married to a U.S. citizen, you can still use the Visa Waiver Program (VWP) and ESTA to travel to the USA for short visits while your spousal visa is being processed. However, it's important to be aware that each entry into the U.S. under the VWP is at the discretion of the border officials. They will assess your intent to return to the UK and ensure you don't overstay or violate the terms of the VWP.
Frequent and extended trips to the U.S. might raise questions about your intent to reside in the country, which could potentially lead to denial of entry. It’s important to maintain ties to the UK, such as employment, property, or family, which demonstrate your intent to return.
During the spousal visa process, it's advisable to carry documentation that shows your ongoing ties to the UK and the temporary nature of your visits to the U.S. This can help clarify your situation to border officials.
Remember, while the ESTA allows for travel, it does not guarantee entry. U.S. Customs and Border Protection officers at ports of entry will make the final decision about admission.
Given the sensitivity of immigration matters, consulting with an immigration attorney could provide clarity and guidance tailored to your specific circumstances. They can help ensure that your travels do not negatively impact your spousal visa application.
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