CR1 - until where in the process can I still travel to US on ESTA?

[The Verpangas 1]

Dear visa community,

 

Thank you for reading my question.

 

I'm applying for CR1 spousal US Green Card and am currently in NVC processing.

I'm curious until where in the process I can still get into the US on an ESTA.

This is because in my situation, it makes more sense for me to officially still live in the Netherlands for a few months while I'm on holiday in the US.

I would travel to the US again within 6 months of approval in order to be in time to get my Green Card.

 

To break it down, can I still travel on an ESTA:

 - when NVC approves application and schedules consulate interview?

 - after I had the consulate interview?

 - after I have had notice of CR1 approval after the interview?

 - after I have received my passport back from the consulate with the visa in there?

 - or if there's another point where it's not possible anymore to travel on an an ESTA

 

Thanks in advance for your responses!

 

Best,

Paul

[Dashinka 23,368]

As far as I know, you can travel to the US using ESTA up until the time the CR1 visa is issued.  

 

Good Luck!

Edited April 21, 2021 by Dashinka

[aaron2020 11,651]

You can travel to the US on ESTA/VWP until you hand over your passport for the immigrant visa.  

Edited April 21, 2021 by aaron2020

[SalishSea 16,883]

1 hour ago, The Verpangas said:

Dear visa community,

 

Thank you for reading my question.

 

I'm applying for CR1 spousal US Green Card and am currently in NVC processing.

I'm curious until where in the process I can still get into the US on an ESTA.

This is because in my situation, it makes more sense for me to officially still live in the Netherlands for a few months while I'm on holiday in the US.

I would travel to the US again within 6 months of approval in order to be in time to get my Green Card.

 

To break it down, can I still travel on an ESTA:

 - when NVC approves application and schedules consulate interview?

 - after I had the consulate interview?

 - after I have had notice of CR1 approval after the interview?

 - after I have received my passport back from the consulate with the visa in there?

 - or if there's another point where it's not possible anymore to travel on an an ESTA

 

Thanks in advance for your responses!

 

Best,

Paul

There are no such rules or restrictions, but every entry to the US on ESTA is subject to CBP discretion.  If they suspect someone is trying to line-jump and avoid waiting their turn for an immigrant visa, they can, and will, deny entry.

[The Verpangas 1]

12 hours ago, aaron2020 said:

You can travel to the US on ESTA/VWP until you hand over your passport for the immigrant visa.  

Yes, that makes sense.

 

Do you know approximately how long after the interview I would be asked to hand over my passport?

Also, if I'm abroad at the time I get the request to hand in my passport, how long would I have get back to NL and hand it over to the consulate?

 

Thanks again,

Paul

[SalishSea 16,883]

48 minutes ago, The Verpangas said:

Yes, that makes sense.

 

Do you know approximately how long after the interview I would be asked to hand over my passport?

Also, if I'm abroad at the time I get the request to hand in my passport, how long would I have get back to NL and hand it over to the consulate?

 

Thanks again,

Paul

If you are abroad at the time that you are given an interview appointment, you will need to return to NL for the interview.  It is likely that they would keep the passport after the interview, for a short administrative processing (weeks maybe), to complete final checks and issue the visa.

[Alex Prijn 29]

On 4/22/2021 at 8:58 AM, The Verpangas said:

Yes, that makes sense.

 

Do you know approximately how long after the interview I would be asked to hand over my passport?

Also, if I'm abroad at the time I get the request to hand in my passport, how long would I have get back to NL and hand it over to the consulate?

 

Thanks again,

Paul

If you look around on VJ, you will find that there are some risks, which is why I haven't traveled to visit my wife ever since she moved back to the States ahead of me. I personally can't really proof that I have sufficient reason to return to the Netherlands besides a return ticket, but that is not enough. I don't own a house, and I don't rent one either, as I moved back to my parent's place to await the VISA process. I work remotely in the IT industry, which I can do from anywhere in the world, so I also don't have to return for work. I felt the risk of getting turned away at the PoE, after reading all the different stories on VJ, was too great. Some people have been flying back and forth during it all, so it's a choice you have to make for yourself.

[Troy B 223]

8 hours ago, Alex Prijn said:

If you look around on VJ, you will find that there are some risks, which is why I haven't traveled to visit my wife ever since she moved back to the States ahead of me. I personally can't really proof that I have sufficient reason to return to the Netherlands besides a return ticket, but that is not enough. I don't own a house, and I don't rent one either, as I moved back to my parent's place to await the VISA process. I work remotely in the IT industry, which I can do from anywhere in the world, so I also don't have to return for work. I felt the risk of getting turned away at the PoE, after reading all the different stories on VJ, was too great. Some people have been flying back and forth during it all, so it's a choice you have to make for yourself.

Yes that is a concern with traveling while one has a pending i-130 or ds-260,  as normal with tourist/esta visa's requirement that you have to prove you have intent on returning to your country.  And with that pending immigration that can one less intent...

[The Verpangas 1]

On 4/26/2021 at 10:17 AM, Alex Prijn said:

If you look around on VJ, you will find that there are some risks, which is why I haven't traveled to visit my wife ever since she moved back to the States ahead of me. I personally can't really proof that I have sufficient reason to return to the Netherlands besides a return ticket, but that is not enough. I don't own a house, and I don't rent one either, as I moved back to my parent's place to await the VISA process. I work remotely in the IT industry, which I can do from anywhere in the world, so I also don't have to return for work. I felt the risk of getting turned away at the PoE, after reading all the different stories on VJ, was too great. Some people have been flying back and forth during it all, so it's a choice you have to make for yourself.

Hi Alex,

 

Thank you for your response and I understand the risk is there you'd be send away.

 

I actually just got back from the US yesterday and it was my third time traveling to the US since I130 application.

They really don't ask that much at customs, just what your reason for traveling is and when you're flying back.

If they want want more reason why you wouldn't stay longer, you can say that you are aware that if you overstay your ESTA it would hurt your visa case and you will likely never be able to travel to the US again.

I also carry a letter from our immigration lawyer stating the same.

 

Can't imagine anyone would send you back to NL after such a response, but like I said nobody has ever gone anywhere near that questioning me.

 

Cheers,

Paul