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Ariaren

Visiting my husband in the US while I-130 is pending

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Hi Guys!

So I've done a lot of research but I need some clear answers (maybe also from people who already did this)

So I wanna surprise my husband in September, My I-130 is now at USCIS since the 5th of June.

I'm from Belgium. And I wanna travel and visit my husband.

The question now is (and I know there are a lot of risks when you do it) but still..

Can I travel to the USA, if yes, can I go under an ESTA because Belgium is in under the VWP, or do I have to apply for an B2?
I can prove I have a fulltime job and that kind of things I just wanna visit for around 8 days and return and go back to work.
 

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Filed: K-1 Visa Country: Wales
Timeline

Yes

 

Yes


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, designguy said:

If you qualify for ESTA and have a valid ESTA then you can travel

Even if my green card procedure is pending ? because the risks are that they will think you'll overstay and just plant your flag there, but If I can show them that I have full-time job and I have a return ticket etc, I can just go?

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Filed: K-1 Visa Country: Wales
Timeline

We have a mega thread on this very subject.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: EB-3 Visa Country: Germany
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1 minute ago, ReneeArianne said:

Even if my green card procedure is pending ? because the risks are that they will think you'll overstay and just plant your flag there, but If I can show them that I have full-time job and I have a return ticket etc, I can just go?

it will be up to the CBP officer to decide. Many people in your situation visit

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I have visited twice since starting the spousal visa process with an ESTA. Nil concerns. And during when the travel ban was in situ. I just had our marriage certificate and a copy of his passport to prove that I can fly over the ban from the UK/Schengen area.

 

I also had enough proof that I have ties to my country and a return ticket. 

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Just now, Xyrstine said:

I have visited twice since starting the spousal visa process with an ESTA. Nil concerns. And during when the travel ban was in situ. I just had our marriage certificate and a copy of his passport to prove that I can fly over the ban from the UK/Schengen area.

 

I also had enough proof that I have ties to my country and a return ticket. 

Thanks for your information, But I just read something interesting, Now they are saying you can't travel with an ESTA even when you're the spouse of a USC, you have to apply for a B2, ugh im so confused, I wanna book my flight but everyone is saying something else and my lawyer is not answering for almost a week now so I just wanna know if I can travel with an ESTA with I-130 pending during this travel ban, Belgium (Schengen Area)

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5 minutes ago, ReneeArianne said:

Thanks for your information, But I just read something interesting, Now they are saying you can't travel with an ESTA even when you're the spouse of a USC, you have to apply for a B2, ugh im so confused, I wanna book my flight but everyone is saying something else and my lawyer is not answering for almost a week now so I just wanna know if I can travel with an ESTA with I-130 pending during this travel ban, Belgium (Schengen Area)

Are spouses of U.S. Citizens or lawful permanent residents allowed to travel back to the United States from United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland?

The Proclamation exempts certain categories of individuals from its scope, including spouses of U.S. citizens and lawful permanent residents. Please consult the Proclamation if you believe you may be exempt.

 

I think some others have had issues with their visas being cancelled on here but have had to reapply before they land. I think this may be happening by accident. It clearly states spouses are exempt and just need a valid form of visa/VWP to travel. 

 

https://esta.cbp.dhs.gov/faq?focusedTopic=United Kingdom and Ireland Travel Proclamations

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7 minutes ago, Xyrstine said:

Are spouses of U.S. Citizens or lawful permanent residents allowed to travel back to the United States from United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland?

The Proclamation exempts certain categories of individuals from its scope, including spouses of U.S. citizens and lawful permanent residents. Please consult the Proclamation if you believe you may be exempt.

 

 

I think some others have had issues with their visas being cancelled on here but have had to reapply before they land. I think this may be happening by accident. It clearly states spouses are exempt and just need a valid form of visa/VWP to travel. 

 

https://esta.cbp.dhs.gov/faq?focusedTopic=United Kingdom and Ireland Travel Proclamations

Okay Thank you so much! Also, I already have an ESTA and its valid till November 2021, should I apply for a new one? im going to call the u.s embassy tomorrow to be sure of everything but Thank you for your help!

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Just now, ReneeArianne said:

Okay Thank you so much! Also, I already have an ESTA and its valid till November 2021, should I apply for a new one? im going to call the u.s embassy tomorrow to be sure of everything but Thank you for your help!

No, you don't apply for a new one unless you need to. Eg, if you have no record of it or it got cancelled otherwise there is no point. Feel free to call them but you are free to travel and many have been able to fly with no issues.

 

It is best to be informed and well prepared though. Good luck.

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