Possible overturn of ESTA, effective almost immediately

For everyone who is hoping to marry in the US and then apply for a spousal visa (including me), this may mean yet another huge obstacle:

http://www.huffingtonpost.com.au/entry/read-draft-text-trump-executive-order-muslim-entry_us_5888fe00e4b0024605fd591d


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Expedite the completion of a biometric entry-exit tracking system for all visitors to the U.S. and require in-person interviews for all individuals seeking a nonimmigrant visa.

Suspend the visa interview waiver program indefinitely and review whether existing reciprocity agreements are reciprocal in practice.
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I think we're OK for now. It looks like there was a mistake initially and it's pertaining to interviews for all non immigrant visas, rather than for the visa waiver.

The tweet, posted by White House correspondent Dan Merica, was retweeted almost 700 times before it was deleted and replaced with a post edited to say: “Trump’s order suspends the US visa INTERVIEW waiver program (not the whole program).” 

http://www.news.com.au/travel/travel-updates/incidents/donald-trump-has-not-suspended-the-visa-waiver-program/news-story/9dc581548cc9f46ba69db6c18f79ca22

Having said that though, I'd get a move on with your plans in case he changes his mind again. 

Don't you already have to attend interviews for non-immigrant visas anyway?

I've applied for 4 non-immigrant visas since 2003 (2 student visas, 2 visitor visas) and I've had to attend an interview in London for every single one.

I'm just reading though that apparently before you could request not to attend the interview if you are applying for another visa of the same type? I didn't even realise that was a thing .

Ah!! If that's correct, larrabee, then phew. And yes, I'm urging fiancee to get her passport renewal submitted TODAY so she can apply for the ESTA (if it's still in place) immediately. There was some weeping and gnashing of teeth two days ago when we discovered she'd forgotten to mail the passport in.

If I'm understanding correctly, if she does need to sit for an in-person interview and apply for a visa, that will be in London? Yet more expense and obstacle we don't need.

Scary times, these days.

ksand, I have no idea. :-O I may be confusing nonimmigrant visas (which is what I assume my fiance would have to apply for to visit me in the US) and the visa waiver program.

Hope you are both correct and we can still squeak by.

ksand, I have no idea. :-O I may be confusing nonimmigrant visas (which is what I assume my fiance would have to apply for to visit me in the US) and the visa waiver program.

You are confusing them. 
If she is eligible to use the VWP she would use that to visit the US by applying for an ESTA.
If she is ineligible to use the VWP then she must apply for a non immigrant visa to visit but she won't find out until ESTA has been applied for.

ksand, I have no idea. :-O I may be confusing nonimmigrant visas (which is what I assume my fiance would have to apply for to visit me in the US) and the visa waiver program.

Hope you are both correct and we can still squeak by.

You can definitely 'squeak by' - as far as I can tell, nothing has changed for you.

Non-immigrant visas are what people apply for if they are not eligible to use the ESTA... for example, they come from a country that doesn't have the ESTA option, they have criminal convictions or they have been refused US visas in the past.

The ESTA is a waiver of a visa, which means you don't need a non-immigrant visa to enter the UK, you can just go there without a visa.

The only reason I have applied for non-immigrant visitor visas before is because I have a DUI on my record and was told by the US Embassy that I was no longer eligible for ESTA and will always need a visa to enter the US. Because of that, I have to attend an interview in London when I apply for a visa anyway... though my current US visitor visa is valid for 10 years, so I won't need to apply again for a while.

ESTA is super simple.  Fill in your details online, pay $14, two year validity.  You are trying to make things harder than they are.

I know you are worried about Trump.  But the UK visa process is actually much more difficult and much more expensive than a US visa.   

Phewwwww.

Thank you. Nice to get good news after about 36 hours of pure panic, complete with literally staying up all night trying to sort through paperwork and ideas.

Question:

If my fiancee has the ESTA, is there any possibility she'll encounter trouble with an immigration officer on the way into the US? Normally I would say probably not, but we're now trying to plan ahead for all eventualities.

Would it help our case for her to book a hotel for her stay, or is it enough to give my address and phone number?

Are we breaking any of the conditions of an ESTA to get married (in the US) while she is visiting on it? From what I understand, it can't be "planned," so I assume things like booking a premarital course (to do away with the 3 day waiting period after applying for marriage license) is out?

Phewwwww.

Thank you. Nice to get good news after about 36 hours of pure panic, complete with literally staying up all night trying to sort through paperwork and ideas.

The ESTA is just the electronic equivalent of the green I-94W (visa waiver) landing card you used to fill out on the plane.

A few years ago, they stopped issuing landing cards and moved it all online, so that you got approved before you got on the plane. So now, instead of filling out the green i-94W card each time you fly, you just submit the ESTA online once every 2 years instead. You only need to redo the ESTA before the 2 years are up if your circumstances have changed.

Question:

If my fiancee has the ESTA, is there any possibility she'll encounter trouble with an immigration officer on the way into the US? Normally I would say probably not, but we're now trying to plan ahead for all eventualities.

She shouldn't do, but she'll probably get the normal questions: Purpose and length of visit, where she's staying etc.

Would it help our case for her to book a hotel for her stay, or is it enough to give my address and phone number?

She just needs AN address where she will be staying - it can either be your address or a hotel.

Are we breaking any of the conditions of an ESTA to get married (in the US) while she is visiting on it? From what I understand, it can't be "planned," so I assume things like booking a premarital course (to do away with the 3 day waiting period after applying for marriage license) is out?

Nope, the US Embassy specifically states that if she wants to marry in the US, and not live there afterwards, she should do it on the ESTA.

See: https://uk.usembassy.gov/visas/fiancee-2/

From that page:

Please note: if you do not intend taking up indefinite residence but will continue to live and work outside the United States after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

My husband came in on the ESTA, and I believe he even said he was getting married and then taking me back (...eventually) and they were like Congrats and welcome and let him in with no problem.  He had a copy of his return flight and a letter from his job but I'm not sure if they required it.  (Good to have on hand to prove you're not trying to stay after the wedding.)

Ooooh fabulous! This will make things SO much easier with planning the wedding. (We're talking about fun things now to take our minds off the worry of what if this never works out.)