Can my husband come to the US?

Hey everyone - was hoping to get a clearer answer on here.

I was wondering if my husband could come stay with me in the US for a bit? We haven't seen each other in 4 months (and probably have many more to go) with the pandemic and me having a pending spouse visa application for the UK. He has an ESTA that is registered to my address here in the states where he could quarantine after arrival and would be flying into DFW (an approved airport). Our lawyer said because he's my spouse, he's exempt from the travel ban and to just carry our marriage certificate with him when he travels, but it all seems too simple and straightforward so I just want to make sure I'm not missing anything?

Was also wondering, because the FCO advises against non-essential travel, will he have trouble leaving the UK? He's been working from home since this all started so self-isolating when he gets back to the UK isn't a problem. Thank you!

https://www.gov.uk/foreign-travel-advice/usa/entry-requirements

Transiting the USA
You cannot transit the USA on an ESTA visa waiver if you have been in the UK, Ireland, Schengen zone, Iran or China within the previous 14 days. For further information on the validity of ESTAs, check the advice from US Customs and Border Protection.

Unfortunately unless the US changes their restrictions or he happens to have US citizenship, I don't think travel is possible right now.

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I was wondering if my husband could come stay with me in the US for a bit?

TL;DR - I think yes.

In March 2020 President Trump issued a proclamation banning travellers from the UK. The State Department link is here:

https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-coronavirus.html

And you can read the actual proclamation from the White House here:

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus-2/

Our lawyer said because he's my spouse, he's exempt from the travel ban and to just carry our marriage certificate with him when he travels, but it all seems too simple and straightforward so I just want to make sure I'm not missing anything?

I think your lawyer is right. Part of the White House statement says:

Section 1 of this proclamation shall not apply to:

{snip}

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

So it looks to me like your husband could travel to see you. If I were him, I'd carry your marriage certificate along with a printed copy of the proclamation from the White House and be ready to point out the applicable parts to the immigration officials at DFW.

Was also wondering, because the FCO advises against non-essential travel, will he have trouble leaving the UK? He's been working from home since this all started so self-isolating when he gets back to the UK isn't a problem. Thank you!

The guidance from the FCO says they 'strongly advise' against travel, but of course, that doesn't mean your husband can't travel. The main guidance is here:

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

And the USA-specific guidance is here:

https://www.gov.uk/foreign-travel-advice/usa

I'm not a lawyer, but it looks to me like as long as he's willing and able to quarantine for 14 days when he returns to the UK, he can go.

As of this weekend the UK has authorized "family bubbles" where a family member living alone can travel to and stay with other members of their family.  A specific question was asked at a daily briefing a couple of days ago along the lines of "my partner lives a long way away by himself. Can he travel to see me and spend the night?"  The answer was a resounding "Yes".

I went and looked up the briefing you mentioned and it appears that yes, it's somewhat allowed since he does live by himself. I suppose if he was coming from his parents' house it'd be different. Thanks everyone!

Hi just wondering what happen with the situation? Did he manage to come visit you ? If so, did they ask for paper work or a travel visa since the ESTA is no longer valid.

I sure hope he’s made his way to you!

Ive got friends here in the UK. One USC  one UKC that are married. They both flew back to Seattle 2 weeks ago for a month or two  with no issues.

Ive got friends here in the UK. One USC  one UKC that are married. They both flew back to Seattle 2 weeks ago for a month or two  with no issues.

That’s great news. By any chance you know if they had to apply for a specific visa or they just went with the ESTA paper work ? We are suppose to go in September and not sure what to do , since the airline still haven’t canceled our schedule flight.