Traveling to the US on an ESTA Visa with pending CR1 application.

[zthomas7 0]

Hello,

 

Back in March of 2022 my now wife visited me on an ESTA for 89 days and during that time we got married without any previous plans to do so. She returned to Sweden and we sent in our application for a CR1 visa, however over the last few days we have found that some are able to travel to the US again on an ESTA while the application is processing. We want to avoid doing anything that will cause issues in the future with our application process so I just had a few questions. Any answers or suggestions are greatly appreciated.

 

Would her visiting me for a few weeks on an ESTA while our application is pending put up any red flags with immigration?

 

What would be a good form of proof that she does in fact intend to return to her home country again other than a return ticket?

 

Thanks!

[Timona 3,941]

It won't cause issues but admission is per CBP discretion 

[Mike E 11,723]

5 minutes ago, zthomas7 said:

   .Would her visiting me for a few weeks on an ESTA while our application is pending put up any red flags with immigration?

 

Absolutely.  By filing I-130 for her, she has expressed immigration intent. 
 

5 minutes ago, zthomas7 said:

 

What would be a good form of proof that she does in fact intend to return to her home country again other than a return ticket?

Presumably there was a reason why she didn’t just stay in the USA to adjust status. So document those reasons. 

[Boiler 43,434]

The vast majority of people just visit and are asked the usual limited questions 

[Redro 4,599]

21 minutes ago, zthomas7 said:

Hello,

 

Back in March of 2022 my now wife visited me on an ESTA for 89 days and during that time we got married without any previous plans to do so. She returned to Sweden and we sent in our application for a CR1 visa, however over the last few days we have found that some are able to travel to the US again on an ESTA while the application is processing. We want to avoid doing anything that will cause issues in the future with our application process so I just had a few questions. Any answers or suggestions are greatly appreciated.

 

Would her visiting me for a few weeks on an ESTA while our application is pending put up any red flags with immigration?

 

What would be a good form of proof that she does in fact intend to return to her home country again other than a return ticket?

 

Thanks!

How long are you going to wait for her next visit? How long is she planning on staying... another 89 days?

Red flags might be raised even without the pending I-130 if she is planning to visit a month after she left the US.

If she is planning this visit 4+ months after the visit it might be all good. But, an 89 day stay will raise some flags all by itself. 

POE is also important. Some airports ask a lot of questions while others are fairly laid back. 

 

 

Edited May 25, 2022 by ROK2USA

[Rocio0010 5,562]

2 hours ago, zthomas7 said:

What would be a good form of proof that she does in fact intend to return to her home country again other than a return ticket?

 

Whichever documents she provided when she applied for ESTA: employment verification letters, leases/ titles, school records, etc.

[SusieQQQ 11,584]

17 minutes ago, Rocio0010 said:

Whichever documents she provided when she applied for ESTA: employment verification letters, leases/ titles, school records, etc.

? I’m not aware ESTA involves anything other than online questionnaire and paying the fee?

[Rocio0010 5,562]

5 minutes ago, SusieQQQ said:

? I’m not aware ESTA involves anything other than online questionnaire and paying the fee?

Ouch! You're right! 

[Rocio0010 5,562]

OP, so sorry, wrong answer from me earlier. Does your spouse have a job in their home country? Are they on a rental lease? Do they have bank accounts? Those are all documents that prove ties to their home country. However, they have already expressed immigrant intent when applying for a CR1. So in a way, you're at the discretion of the CBP officer.

[Boiler 43,434]

14 minutes ago, SusieQQQ said:

? I’m not aware ESTA involves anything other than online questionnaire and paying the fee?

Correct

 

Just make it make sense, I have holiday from work so are going to visit my Husband

[Emilia.goransson 0]

1 hour ago, Rocio0010 said:

OP, so sorry, wrong answer from me earlier. Does your spouse have a job in their home country? Are they on a rental lease? Do they have bank accounts? Those are all documents that prove ties to their home country. However, they have already expressed immigrant intent when applying for a CR1. So in a way, you're at the discretion of the CBP officer.

Sorry, forgot to include that I (op’s partner)  live with my parents at the moment to save money and I work as a freelancer so I can’t find ways to use that as any real proof that I’m gonna come back to my home country. Is booking ex. dentist appointments and concert tickets enough to prove that I’m only there to visit or bringing some proof that I’m leaving all my equipment behind? 

[Dashinka 23,245]

17 hours ago, Emilia.goransson said:

Sorry, forgot to include that I (op’s partner)  live with my parents at the moment to save money and I work as a freelancer so I can’t find ways to use that as any real proof that I’m gonna come back to my home country. Is booking ex. dentist appointments and concert tickets enough to prove that I’m only there to visit or bringing some proof that I’m leaving all my equipment behind? 

I don't think having a dentist appointment or concert tickets are much proof of the need to return, easily canceled or missed.  As @ROK2USA stated, there are many factors a CBP officer may take into account.  If you stretch out the stay to the limit, leave for a short period and attempt to come back, it may be a red flag.  Showing up at the border with multiple bags, all important documents, etc, can be a red flag.  It is all up to CBP's discretion.  That being said, spouses visit all the time during the processing period, the key is to not abuse that privilege.

[Redro 4,599]

18 hours ago, Emilia.goransson said:

Sorry, forgot to include that I (op’s partner)  live with my parents at the moment to save money and I work as a freelancer so I can’t find ways to use that as any real proof that I’m gonna come back to my home country. Is booking ex. dentist appointments and concert tickets enough to prove that I’m only there to visit or bringing some proof that I’m leaving all my equipment behind? 

1. When are you planning on flying to the US? This is key. 

2. Not sure what you freelance in... but you're not allowed to work in the US on ESTA. (I know the majority of people know this... but just a friendly reminder to everyone reading). 

 

P.S Does anyone know if there is an unofficial/official rule on how many days you can be in the US on ESTA for a calendar year? I know B2s are told they're only allowed 6 months out of the entire year (not sure if that's true but people are warned about it looking like they live in the US)... Have ESTA people reported something similar? MAX 90 days per 365 days... or max 180 days? 

[SusieQQQ 11,584]

13 minutes ago, ROK2USA said:

S Does anyone know if there is an unofficial/official rule on how many days you can be in the US on ESTA for a calendar year? I know B2s are told they're only allowed 6 months out of the entire year (not sure if that's true but people are warned about it looking like they live in the US)...

The “unofficial rule” I have seen most often for tourists, regardless of ESTA or B visa, is that you should spend at least twice as much time outside the US as in it. And it definitely doesn’t work on a calendar year basis.

[Boiler 43,434]

They know how long you previously visited, if you keep on trying to max it out sooner or later questions will be asked. A 2 week trip attracts less attention.