Visiting US while I-130 is in process?

[Ollie7 2]

Hey Everyone,  

We have time off from work coming up and I want to visit my wife and dogs in the US for 7 days. Is this possible and what kind of percentage success rate would I be looking at? Being British I can apply for an ESTA. In terms of evidence to show I don't want to overstay, I will have my return ticket, and the lawyer we are working with mentioned he could draft a signed letter, but I work remotely and don't have a rent/mortgage as I'm staying with my parents until I complete the process and move to the US. This would be my first visit to the US as we met and lived together for many years in Asia. My main concern would be being turned away at the point of entry and any potential damage it would have on our I-130 application.

 

It wouldn't be the end of the world if she came to the UK instead, but I miss our dogs and would love to see them and also have a look around my future home city.

 

Thanks everyone! Your replies and advice from your experiences are appreciated.

[arken 4,197]

You can visit. Traveling on ESTA is recommended. Denial is always a possibility. No harm on pending i130 if denied ESTA/entry.

[Ollieh97 20]

Hi, I Recently travelled to the us from the uk (8th feb-23rd feb) on an ESTA. We had just received an RFE so I was worried I might have a problem entering, but I had no problem whatsoever, wasn’t even questioned about it. I think as long as you have a return flight you will be fine. 

hope this helps 

[LilyJ 1,258]

My husband visited for a month a while back on VWP. He was pulled into secondary questioning for a while, probably as he wasn’t working in his country at the time, but ultimately he was let in after he mentioned we are going through the visa process to the second officer (first officer didn’t give him a chance to say anything after he said no about work!). But in the end of it all they let him through and stamped his passport. Coming from the UK I don’t think you should have too much trouble so long as you are honest though of course anything can happen

[Jay&Sid 211]

I have travelled so many times after I-130 filling.

No issues so far. 

 

This is what my lawyer told me when we were filling I-130.

Always keep in mind that there is possibility of denial.

Be honest when ask question

Have physical proofs to validate that you will come back.

Dont get upset if they wont let you enter becaue they have very much right to do it .

There is no impact on your case of denied entry 

[Ollie7 2]

On 3/9/2020 at 5:30 PM, Ollieh97 said:

Hi, I Recently travelled to the us from the uk (8th feb-23rd feb) on an ESTA. We had just received an RFE so I was worried I might have a problem entering, but I had no problem whatsoever, wasn’t even questioned about it. I think as long as you have a return flight you will be fine. 

hope this helps 

Thanks for letting me know about your experience! Now the problem has evolved to more about the coronavirus. I see that spouses are exempt from the ban, but I worry that if I did travel they may see the visa application in process, and that Im coming from the UK during a travel ban, and just decide to deny entry. Oh what strange times...

[Ollie7 2]

On 3/9/2020 at 7:51 PM, LilyJ said:

My husband visited for a month a while back on VWP. He was pulled into secondary questioning for a while, probably as he wasn’t working in his country at the time, but ultimately he was let in after he mentioned we are going through the visa process to the second officer (first officer didn’t give him a chance to say anything after he said no about work!). But in the end of it all they let him through and stamped his passport. Coming from the UK I don’t think you should have too much trouble so long as you are honest though of course anything can happen

Thanks for sharing your experience, I appreciate it! As I mentioned in another reply just now, unfortunately the travel ban and coronavirus situation has made me think they might just deny entry even though spouses are exempt. Would be interesting to hear if anyone has this but given the European ban only just started and the Uk/Ireland one not starting till tomorrow its still early days

[JFH 12,189]

I visited several times from the UK whilst the I-130 was being adjudicated but that was 4 years ago before Coronavirus had even been heard of. 
 

Your ties are not very strong. A return ticket is a legal requirement of the VWP so that counts for nothing. Every single person who entered on the VWP and overstayed had a return ticket as without a return ticket they would not have been able to board the plane in the first place. 
 

Working remotely - you already know that you can’t do that while you are visiting, I assume. 
 

All you do is buy a ticket and take your chances. No entry is ever guaranteed to VWP or B-2 people. An approved ESTA of visit visa does not guarantee admission. 

[LondonerCat 38]

2 hours ago, Ollie7 said:

Thanks for letting me know about your experience! Now the problem has evolved to more about the coronavirus. I see that spouses are exempt from the ban, but I worry that if I did travel they may see the visa application in process, and that Im coming from the UK during a travel ban, and just decide to deny entry. Oh what strange times...

I am in the same position as you... I have got a letter signed by my boss and my landlady starting I am expected back at work on X date and that I am still an active tenant with a deposit a X address, alongside a return ticket. Hopefully will be OK. 
 

Re coronavirus - yes, it does say spouses are exempt. I hope they don’t expect spouses to already have green cards though as we would be vetoed. I’ve tried phoning my airline but they were so bombarded I couldn’t get though. Will phone the embassy tomorrow and report back on any info I get. It’s a case of proving that we are actually married to US citizens and confirmed we are allowed to travel. My flight is booked for March 28th and seems to still be running. For now..

[Ollie7 2]

3 hours ago, LondonerCat said:

I am in the same position as you... I have got a letter signed by my boss and my landlady starting I am expected back at work on X date and that I am still an active tenant with a deposit a X address, alongside a return ticket. Hopefully will be OK. 
 

Re coronavirus - yes, it does say spouses are exempt. I hope they don’t expect spouses to already have green cards though as we would be vetoed. I’ve tried phoning my airline but they were so bombarded I couldn’t get though. Will phone the embassy tomorrow and report back on any info I get. It’s a case of proving that we are actually married to US citizens and confirmed we are allowed to travel. My flight is booked for March 28th and seems to still be running. For now..

Hey there,

 

Thanks for the info. If you do get through to the embassy tomorrow I'd be interested to hear what they had to say please. Given it separates lawful permanent residents and then mentions 'any alien who is the spouse of a US citizen or lawful permanent resident' I would think we are covered by the exemption.

 

Thanks!
Ollie

[Ollie7 2]

5 hours ago, JFH said:

I visited several times from the UK whilst the I-130 was being adjudicated but that was 4 years ago before Coronavirus had even been heard of. 
 

Your ties are not very strong. A return ticket is a legal requirement of the VWP so that counts for nothing. Every single person who entered on the VWP and overstayed had a return ticket as without a return ticket they would not have been able to board the plane in the first place. 
 

Working remotely - you already know that you can’t do that while you are visiting, I assume. 
 

All you do is buy a ticket and take your chances. No entry is ever guaranteed to VWP or B-2 people. An approved ESTA of visit visa does not guarantee admission. 

Thanks for you feedback and glad to hear you were able to visit your spouse during the I-130 process.

 

Yes I definitely know I wouldn't be able to work whilst over there, and I wouldn't want to anyway as it's a holiday and I'd just be spending time with my wife and dogs!

 

Cheers

[cbro 58]

My wife is an ESTA holder and we both live abroad.  Both traveled in and out of US after submitting 130 last September once so far with no issues, pre corona.

 

Goodluck!

[Ollie7 2]

3 hours ago, cbro said:

My wife is an ESTA holder and we both live abroad.  Both traveled in and out of US after submitting 130 last September once so far with no issues, pre corona.

 

Goodluck!

Thanks for sharing your experience! Glad to hear you both were able to travel in and out with no issues

[Ryan H 3,790]

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