Visiting US LPR Husband under ESTA Whilst I130 is Under Review

[ytw95 3]

Just now, JFH said:

Good luck with that. I work for an airline and would never just take the passenger’s word for it that they are exempt from the ban. 

yeah i see what youre saying of course , CBP said i would have to give the airline something such as a copy of marriage certificate to prove that im within the exemption. 

[JFH 12,189]

Just now, ytw95 said:

yeah i see what youre saying of course , CBP said i would have to give the airline something such as a copy of marriage certificate to prove that im within the exemption. 

But the marriage certificate doesn’t prove your husband is an LPR. 

[ytw95 3]

Just now, JFH said:

But the marriage certificate doesn’t prove your husband is an LPR. 

True that, I have a copy of his passport and green card too, hopefully that will suffice ? 

[ytw95 3]

15 minutes ago, JFH said:

Your biggest hurdle, however, could be the amount of time spent here. With this visit that will be 4.5 months here in the first 10 months of the year. That may or may not raise an eyebrow with the CBP Officer at the border. It’s risky. 

Yes i do worry about this. And i have been to the states a couple times last year too and stayed within VWP policy. I have no intention of over staying or AOS. We filed for I-130 and just waiting to do whatever the USCIS require us to do. We want to and are doing everything by the books. Definitely do not want to be on the wrong side of the law. 

[Milka & Chris 2]

Hey  I did travel while pending on I-130 petition to visit my Husband by end of june in the US. I had B1/B2 touristvisa but my daughter(his stepdaughter) only had an ESTA and they let her travel with it. I had a stopp in Amsterdam and from there I flyied with an American Airline where they ask me for the first time for all the documents that I needed to prove. They called an US goverment that was working at the airport in Amsterdam and he checket my marriage certificate and checket if hes really an US citizen then he told the other lady from the Airline that me and my daughter are alright and that we can travel with their Airline. When I arrieved in Atlanta they asked me again for the marriage certificate and let me in. I was worried to but if you bring all your documents with you that you need, then you gonna be alright! Good luck and have fun!

[Calicolom 265]

37 minutes ago, ytw95 said:

 

Ha, The airline will take your money, then you will lose your money, if you do not reschedule 7 days before. Right now they blame everything on the virus, and take you money. I lost 3 flights.

[ytw95 3]

7 minutes ago, Milka & Chris said:

Hey  I did travel while pending on I-130 petition to visit my Husband by end of june in the US. I had B1/B2 touristvisa but my daughter(his stepdaughter) only had an ESTA and they let her travel with it. I had a stopp in Amsterdam and from there I flyied with an American Airline where they ask me for the first time for all the documents that I needed to prove. They called an US goverment that was working at the airport in Amsterdam and he checket my marriage certificate and checket if hes really an US citizen then he told the other lady from the Airline that me and my daughter are alright and that we can travel with their Airline. When I arrieved in Atlanta they asked me again for the marriage certificate and let me in. I was worried to but if you bring all your documents with you that you need, then you gonna be alright! Good luck and have fun!

Thank you! That is really helpful information. How long did you stay for ? I worry that i might be pulled aside for secondary screening.

[ytw95 3]

3 minutes ago, Calicolom said:

Ha, The airline will take your money, then you will lose your money, if you do not reschedule 7 days before. Right now they blame everything on the virus, and take you money. I lost 3 flights.

Oh no! Does your airline not have an updated policy for unforeseen circumstances?? I just spoke to virgin and they said just contact them on the day if im denied boarding and they can reschedule the flights for me. 

[HRQX 4,145]

1 hour ago, SusieQQQ said:

I personally think you’re over-reacting to the possibility of ESTA being revoked

Seems fairly common; thus why CBP put a FAQ on the ESTA site: https://esta.cbp.dhs.gov/faq

My ESTA was cancelled but I believe that I fall within one of the exemptions identified within the Proclamation – what should I do?

Individuals that believe they are exempt from these Proclamations and are abroad may contact their air carrier for additional guidance. Travelers who believe they fall within an identified exemption are encouraged to seek guidance in advance of planned travel to avoid travel disruptions.

Air carriers are directed to contact the RCLG for additional guidance.

Edited July 25, 2020 by HRQX

[SusieQQQ 11,584]

4 minutes ago, HRQX said:

Seems fairly common; thus why CBP put a FAQ on the ESTA site: https://esta.cbp.dhs.gov/faq

My ESTA was cancelled but I believe that I fall within one of the exemptions identified within the Proclamation – what should I do?

Individuals that believe they are exempt from these Proclamations and are abroad may contact their air carrier for additional guidance. Travelers who believe they fall within an identified exemption are encouraged to seek guidance in advance of planned travel to avoid travel disruptions.

Air carriers are directed to contact the RCLG for additional guidance.

 

Anyway as I see it there is zero she can do if her ESTA gets cancelled if she wants to fly soon. She can’t justify an emergency B visa appointment while she has an esta, and even if it gets revoked it’s not a life and death emergency visit. 

[SusieQQQ 11,584]

29 minutes ago, ytw95 said:

Oh no! Does your airline not have an updated policy for unforeseen circumstances?? I just spoke to virgin and they said just contact them on the day if im denied boarding and they can reschedule the flights for me. 

This is a relief at least. (And from a past experience with Virgin I am sure they will honor this  - some years back I had an accident the week before I was scheduled to fly, and after informing them what happened, they fully refunded me on a non refundable non cancellable ticket without even an admin fee. They’re great.)

[Milka & Chris 2]

32 minutes ago, ytw95 said:

Thank you! That is really helpful information. How long did you stay for ? I worry that i might be pulled aside for secondary screening.

You welcome! I stayed for 2 weeks. May it be helpful just in case to bring some documends that proves you will leave the US after like 1,2 weeks again. the retrun way ticket, job documents or whatever. I did it too just in case but they didnt ask me about anything like that. I think you should be fine anyways.

[HRQX 4,145]

8 minutes ago, SusieQQQ said:

Anyway as I see it there is zero she can do if her ESTA gets cancelled if she wants to fly soon.

When it happened to @FayeAlexandra: "I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA."

I assume she called CBP's Traveler Communications Center.

Edited July 25, 2020 by HRQX

[SusieQQQ 11,584]

Just now, HRQX said:

When it happened to @FayeAlexandra: "I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA."

I assume she called CBP's Traveler Communications Center.

Seems a bit pointless to revoke then reinstate because someone cries at you, but I guess if that’s the only option left she may as well try.

 

I used to think ESTA was a great privilege but apparently it’s just one big uncertainty. 

[HRQX 4,145]

11 minutes ago, SusieQQQ said:

I used to think ESTA was a great privilege but apparently it’s just one big uncertainty. 

It's based on CBP having limited info at the time of revocation. They revoke based on where the flight is coming from and don't know if the traveler falls within an exemption.