ESTA with a pending I-130

[Amy and Nick 37]

Hey guys,

so as you know, my I-130 is pending. My problem is, I need to change my passport to my married name (which im reluctant to do as it is still valid until 2015 but...)

If i do change my passport, I will need to apply through ESTA again for the visa waiver (my current one is valid until April 2011)

Is it likely they will deny me ESTA authorization based on the pending I-130. Im mainly basing this on the fact that I understand B2 visas are denied with a pending visa, so is it the same in this situation?

Thanks!

[yohino 22]

I was in the same situation as you and had no problems at all.

Not with the ESTA or with VWP admittance in to the US.

[Wayne and Claudia 40]

Hey guys,

so as you know, my I-130 is pending. My problem is, I need to change my passport to my married name (which im reluctant to do as it is still valid until 2015 but...)

If i do change my passport, I will need to apply through ESTA again for the visa waiver (my current one is valid until April 2011)

Is it likely they will deny me ESTA authorization based on the pending I-130. Im mainly basing this on the fact that I understand B2 visas are denied with a pending visa, so is it the same in this situation?

Thanks!

Pardon my ignorance but why do you "need" to change your passport name to your married name? If it isn't a necessity I suggest waiting until you arrive here and go through your embassy.

[Nich-Nick 3,353]

Hey guys,

so as you know, my I-130 is pending. My problem is, I need to change my passport to my married name (which im reluctant to do as it is still valid until 2015 but...)

If i do change my passport, I will need to apply through ESTA again for the visa waiver (my current one is valid until April 2011)

Is it likely they will deny me ESTA authorization based on the pending I-130. Im mainly basing this on the fact that I understand B2 visas are denied with a pending visa, so is it the same in this situation?

Thanks!

I'm not sure what the problem is so have some random "solutions."

You can keep your passport until 2015 and carry proof of your marriage to show the difference in names. I discussed that with the guy who checks passports/ESTA at Heathrow. He said that happens all day long here and as long as they have a marriage certificate to show the name change, all is good.

If you think you need ESTA for your move to the US, you don't. ESTA is visa waiver and you will be traveling on a visa. After that, you will be traveling on a green card in your married name and carrying your marriage certificate to show why passport name is different.

If you want a longer ESTA, can't you apply again now under your old passport like you were starting over? A lot of people don't keep their ESTA documentation (husband's daughter didn't) and do a brand new one good for two years.

And finally, I think the question asked on the ESTA application is " Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?" I don't think a pending application has anything to do with the question.

[yohino 22]

I think the OP is trying to go visit during their process, wants to change her last name (filed her paperwork with her new last name probably) so she needs to get a new passport. Which will require her to file a new ESTA with that new last name.

To the OP, as I said, I went through the exact same thing, and everything worked out fine. One tip I have though is to bring all the proof you have of filing the CR-1/IR-1 with you when you go to visit so you can show at immigration if they start questioning you.

If I'm making assumptions that aren't true, I'm sorry!

[Amy and Nick 37]

Nope, you got it Yohino!

Im going for a visit, fully aware ill be travelling on a visa not VWP when I do get approved.

and to Wayne and Claudia. I need to learn to phrase things better on this site

It would have been better to say I WANT to change my passport. To be honest I just want to get everything into my married name so that everything is consistant. I also worry slightly as I know its fine to travel on maiden name and carry marriage cert, however i HAVE heard of people coming up against resistance from the officer at the POE, and I just want to make things run smoother.

HOWEVER, if its would mean I wouldnt be granted ESTA, I would have to reconsider things and NOT change it!

Glad to hear you had no problems Yohina, so ill go ahead with it I think. Just checking and double checking details! I read this forum from front to back and I still feel like I know nothing!