Can my spouse apply for CR-1 while I'm in the states on esta (before I go back home)

[Tereza 27]

Hello

My fiance and I want to get married this year and because of our school/work schedules and the pandemic, we dont have too many options. I would like to visit him for the summer (either the travel ban will be lifted by then or I'd quarantine somewhere and then go), we would get married there and I'd go back home. My problem is, I'd like to stay for about 2 months (I'm a student, so I only need to be back in september), but we'd like to get married and start the immigration process asap. We've been together for 3 years, long-distance the entire time.

Is it legal for him to send out the I-130 petition while I am still in the states on esta, when I would definitelly go back home later in the summer? Eg. I'd arrive at the beginning of July, we'd get married within a week, send the petition mid July and I'd go back home late August?

Thank you

[Mike E 11,725]

44 minutes ago, Tereza said:

 

Is it legal for him to send out the I-130 petition while I am still in the states on esta, when I would definitelly go back home later in the summer? Eg. I'd arrive at the beginning of July, we'd get married within a week, send the petition mid July and I'd go back home late August?

 

This is legal. The CBP officer at the border has discretion to admit you or send you back. 

[Tereza 27]

At the border when I arrive, I assume? I know about that and to be perfectly honest, I don't plan to tell them my plans unless they explicitly ask I was more worried about going back home with a pending petition. I dont know why it should be illegal (you can travel to see your spouse on esta while waiting on the visa afterall), but you never know.

[payxibka 10,044]

8 minutes ago, Tereza said:

At the border when I arrive, I assume? I know about that and to be perfectly honest, I don't plan to tell them my plans unless they explicitly ask I was more worried about going back home with a pending petition. I dont know why it should be illegal (you can travel to see your spouse on esta while waiting on the visa afterall), but you never know.

No exit controls, nobody is checking. 

[Allaboutwaiting 2,500]

Yes, he can file while you're in the US.

The I-130 form includes a section where it asks if the beneficiary is in the US and you must enter all your entry info -I-94 number, expiration date, etc.-

[Tereza 27]

7 minutes ago, Allaboutwaiting said:

Yes, he can file while you're in the US.

The I-130 form includes a section where it asks if the beneficiary is in the US and you must enter all your entry info -I-94 number, expiration date, etc.-

I dont think you receive the I-94 number when you travel on esta though? I thought what they mean in the I-130 is if Im residing in the us (eg on student/work visa), so if Im only visiting for a short stay, he'd still say that Im not in the us? (I will most likely be back home by the time they get to it anyway) ... But that's just me guessing. This shouldn't be so confusing lol

[payxibka 10,044]

3 minutes ago, Tereza said:

I dont think you receive the I-94 number when you travel on esta though? I thought what they mean in the I-130 is if Im residing in the us (eg on student/work visa), so if Im only visiting for a short stay, he'd still say that Im not in the us? (I will most likely be back home by the time they get to it anyway) ... But that's just me guessing. This shouldn't be so confusing lol

I94 is electronic,  your arrival records should be available even if you used esta.

Edited January 21, 2021 by payxibka

[Tereza 27]

6 minutes ago, payxibka said:

I94 is electronic,  your arrival records should be available even if you used esta.

I just checked the I-130 form and the Item 46.a (if the beneficiary is currently in the united states ... he or she arrived as a...) doesnt even have esta/visa waiver programme as an option. So idk, I really think they only mean it as "currently lives in the US", but then obviously I dont wanna lie to them, but it wouldnt let me select esta as an option, its not there

[payxibka 10,044]

2 minutes ago, Tereza said:

I just checked the I-130 form and the Item 46.a (if the beneficiary is currently in the united states ... he or she arrived as a...) doesnt even have esta/visa waiver programme as an option. So idk, I really think they only mean it as "currently lives in the US", but then obviously I dont wanna lie to them, but it wouldnt let me select esta as an option, its not there

No not what it means.  No such thing as an esta entry,  it is  a tourist entry.

[pushbrk 12,184]

1 hour ago, Tereza said:

I just checked the I-130 form and the Item 46.a (if the beneficiary is currently in the united states ... he or she arrived as a...) doesnt even have esta/visa waiver programme as an option. So idk, I really think they only mean it as "currently lives in the US", but then obviously I dont wanna lie to them, but it wouldnt let me select esta as an option, its not there

The  question is to be taken literally.  If you are "in the USA" at the time the petition is sent in, you provide the information.  It's not a problem.  Just do it.  Be certain also to indicate N/A on the question about which office you will apply to adjust status and DO answer that you will apply for a visa in Prague.

[little immigrant 800]

1 hour ago, Tereza said:

I just checked the I-130 form and the Item 46.a (if the beneficiary is currently in the united states ... he or she arrived as a...) doesnt even have esta/visa waiver programme as an option. So idk, I really think they only mean it as "currently lives in the US", but then obviously I dont wanna lie to them, but it wouldnt let me select esta as an option, its not there

You would enter WT under 46.a

[pushbrk 12,184]

7 minutes ago, little immigrant said:

You would enter WT under 46.a

That is correct.

[Bug&Bug 143]

Plus put your home address in the Czech Republic.

 

And make sure you take proof of ties to your country when you are entering ( details of your studies etc), you dont want to get grief over the 2 month stay.

Edited January 22, 2021 by Bug&Bug

[Tereza 27]

13 hours ago, pushbrk said:

The  question is to be taken literally.  If you are "in the USA" at the time the petition is sent in, you provide the information.  It's not a problem.  Just do it.  Be certain also to indicate N/A on the question about which office you will apply to adjust status and DO answer that you will apply for a visa in Prague.

I see .. I was confused, because I thought it meant consular processing (or whatever its called), which Prague used to do, but not anymore. So the item 62 is simply the city where I will most likely be interviewd at (Prague, in my case), right? And thank you

[Tereza 27]

2 hours ago, Bug&Bug said:

Plus put your home address in the Czech Republic.

 

And make sure you take proof of ties to your country when you are entering ( details of your studies etc), you dont want to get grief over the 2 month stay.

See, people always say that, but everytime Ive visited so far it went "whats the purpose of your stay" - "visiting my boyfriend" - "whats his name, where does he work?" - I answered - "is he picking you up" - "yes sir" - "ok, have a nice stay" ... I always fly through MSP, so maybe they're really laid back there?