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

[beloved_dingo 1,934]

1 hour ago, Boiler said:

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.

 

 

Definitely agree with this, a visit of 2-3 weeks would garner less scrutiny. 

 

@zthomas7 My husband visited on ESTA while his K-1 was pending with no issues, but it had been 5 months since his last visit and he stayed for 4 weeks. No one can say with certainty whether she will be admitted without issue or not, but having at least a few months between visits and making sure this next visit is less than 30 days would be advisable, imo.

[Mike E 11,723]

1 hour ago, ROK2USA said:

 . 

 

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? 

First principle is spend more time outside the USA than in. 
 

If retired that’s good enough. 
 

If not retired then CBP is skeptical when non immigrant aliens are spending 50 percent of their time in the USA, because adults should be working and kids should be going to school. At 50 percent, what kind of job or school lets a worker or student do that? The answer is not many so CBP assumes intent to engage in activity not allowed by a B status. 

Edited May 26, 2022 by Mike E

[Emilia.goransson 0]

15 hours ago, ROK2USA said:

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? 

I’m planning on going in September for two months, last time I went there was december 20201 - march 2022

[beloved_dingo 1,934]

8 hours ago, Emilia.goransson said:

I’m planning on going in September for two months, last time I went there was december 20201 - march 2022

That's a decent amount of time between trips so will probably be fine. I'd still lean more towards a shorter trip, personally. It is up to the CBP officer whether they will admit you for that amount of time or not:

 

"Please be aware, a visa does not guarantee entry to the United States. Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. Entry and the length of authorized stay within the United States are determined by the Customs and Border Protection (CBP) Officer at the port-of-entry each time you travel."

 

This is from https://travel.state.gov/

 

[Redro 4,601]

8 hours ago, Emilia.goransson said:

I’m planning on going in September for two months, last time I went there was december 20201 - march 2022

Which airport do you plan on flying to?

Where did you fly into for the December trip?

Think about the questions they asked... if the questions were intense expect the same. 

If they were cursory you should be fine after a 4 month absence. 

But, no one can predict the future. So... I wouldn't plan to stay for 2 months with pending CR-1, no job in your country, no real ties to your home country... you are the perfect candidate for potential/assumed AOS. 

Edited May 27, 2022 by ROK2USA

[zthomas7 0]

 

Hello,

 

My wife and I are trying to find a way to reconnect in person while we wait for our spousal visa to be processed. My wife is in the process of buying a car and we were curious if her ownership of a vehicle in her home country could be uses as proof of her ties to said country if/when she travels to the US on an ESTA. The vehicle would be fully insured, I am not sure if that would help in this case but I felt it was worth mentioning. Also something of note, she was in the US on an ESTA from December 2021 to March 2022 so she would be coming back on a new tourist visa.

 

Thanks in advance for any answers to my question!

[SusieQQQ 11,584]

No, a car can be sold in half an hour so it’s not a tie. Wanting to come back to the US after spending 3 months there pretty recently does not show strong ties to home.

 

Do you mean a new ESTA, or did she actually get a B tourist visa? (Your last sentence is not clear)

Edited June 5, 2022 by SusieQQQ

[Daphne . 1,686]

How long will she be staying for this time? The fact that she was able to stay in the US/out of Sweden for 3 months last time doesn’t show very stong ties to begin with? Why use a tourist visa when she is eligible for Esta?

[Redro 4,601]

19 hours ago, zthomas7 said:

 

Hello,

 

My wife and I are trying to find a way to reconnect in person while we wait for our spousal visa to be processed. My wife is in the process of buying a car and we were curious if her ownership of a vehicle in her home country could be uses as proof of her ties to said country if/when she travels to the US on an ESTA. The vehicle would be fully insured, I am not sure if that would help in this case but I felt it was worth mentioning. Also something of note, she was in the US on an ESTA from December 2021 to March 2022 so she would be coming back on a new tourist visa.

 

Thanks in advance for any answers to my question!

I know a couple of people who live and work in Korea and they still maintain a car in the US. 

Alternatively,  I know others who've had their parents sell their cars while they were abroad. 

[Penguin_ie 5,986]

**** two threads on related issues merged.  Please keep all questions regarding the same issue together so members can answer with all the info present.  if you have follow on questions or extra info, post them here as a repy to this thread. ******

[Nalvarez 9]

On 6/5/2022 at 11:53 AM, zthomas7 said:

 

Hello,

 

My wife and I are trying to find a way to reconnect in person while we wait for our spousal visa to be processed. My wife is in the process of buying a car and we were curious if her ownership of a vehicle in her home country could be uses as proof of her ties to said country if/when she travels to the US on an ESTA. The vehicle would be fully insured, I am not sure if that would help in this case but I felt it was worth mentioning. Also something of note, she was in the US on an ESTA from December 2021 to March 2022 so she would be coming back on a new tourist visa.

 

Thanks in advance for any answers to my question!

Did you end up taking the trip? how did it go?