Extended Visit/Tourist Visa while waiting

[Boiler 43,433]

49 minutes ago, emmillinnee said:

Sorry, I meant to ask if the renewal for the ESTA would likely get denied due to his pending I-130 visa

Not seen this happen.

[Strawberrymermaid 346]

1 hour ago, emmillinnee said:

Sorry, I meant to ask if the renewal for the ESTA would likely get denied due to his pending I-130 visa

No, because the ESTA is not a visa. His marriage to you or the I-130 are not scrutinized like they are with a tourist visa. So he should be fine to apply again. People from VWP countries really are lucky they have the chance to visit the US, as many of us have spouses from countries that cannot. 
 

Also, just because he can stay 90 days at a time doesn’t mean he should, type of thing. There’s no written time suggestion to be in and out but if someone is traveling back and forth often for more than a few weeks it can raise red flags. CBP can and will decide at the border how long he is able to stay on his visits. 

Edited June 2, 2021 by Strawberrymermaid

[SalishSea 16,770]

6 hours ago, emmillinnee said:

Do you think it would help if we were able to show an apartment lease and evidence that he had employment for the months from April through October (we live on an island with a heavy tourism season during those months and he generally works the entire 6 month season)? Thus offering a good reason for his return to Spain after the 6 months on the B2 visa? Just to clarify, if we move in October, he could have 6 months from October to April, and then if we are still waiting on the I-130 visa, return to Spain then. But at least it would give us 3 more months of wiggle room. 

He would not be able to work, even remotely, on a B visa or ESTA.

[SalishSea 16,770]

6 hours ago, emmillinnee said:

There's also the problem that the Madrid embassy is only processing non-immigration visas for emergencies right now...so I don't even know if this would count as an "emergency" or if we could get an appointment...

No, it would not be considered an emergency.

[Nan2080 0]

On 6/2/2021 at 12:19 AM, emmillinnee said:

Do you think it would help if we were able to show an apartment lease and evidence that he had employment for the months from April through October (we live on an island with a heavy tourism season during those months and he generally works the entire 6 month season)? Thus offering a good reason for his return to Spain after the 6 months on the B2 visa? Just to clarify, if we move in October, he could have 6 months from October to April, and then if we are still waiting on the I-130 visa, return to Spain then. But at least it would give us 3 more months of wiggle room. 

Hi - though your case is slightly different than my case where I am a greencard holder. But I tried to get my husband ( Dutch citizenship) an xtended visa as I moved to the USA 4 years ago. Hence, we own a house in the Netherlands and my husband regularly takes on projects as a consultant for firms ( he is self employed). However, this visa was denied because he has an application for a permanent visa therefore his intentions are not to stay temporarily in the USA. Patience is the greatest virtue in this process- good luck!

Edited June 7, 2021 by Nan2080
Added some clarification

[P0907 127]

On 6/2/2021 at 12:59 AM, emmillinnee said:

Sorry, I meant to ask if the renewal for the ESTA would likely get denied due to his pending I-130 visa

ESTA applications generally don't get denied (unless due to some legal restriction on entry to US like prior deportation), they just expire and need to be renewed.