Entering the US on ESTA while I-130 is pending - No strong ties to home country..

[Redro 4,601]

6 hours ago, BettyMai said:

Thanks so much you for your comment! 

Yes- I’ve heard horror stories of people being denied entry, but also many like you, who has been lucky and entered without problems, so it’s very hard to decide whether to risk it or not! It’s really just up to the person to convince CBP that they’re going to return home.. which can be hard without many strong ties to your home country! It makes me feel a little less worried that the lawyers you talked to didn’t seem concerned about it at all though! 
 

I’ll try to gather as much proof as possible and be prepared for being questioned- and only do a short visit, if I do decide to go.. and hopefully it’ll go ok, like it did for you  

 

All the best to you and your fiancé as well!!

FYI: You can do all the research in the world. You can hear and read anecdotal horror and success stories. . . BUT

It is all about your comfort level with risk.

I always read the airport I enter at (DTW/Detroit) was very unfriendly but I never had an issue and I was never taken to secondary when I visited my boyfriend and then my husband. 

When I finally entered on my immigrant visa the CBP officer assumed I had been in secondary on every.single.visit... so really no one can tell you what will happen. It really depends on the person and the day and chance. 

I repeat... you can do all the research in the world but it is all about your comfort level with risk.

[Mern V 14]

I am planning a 2nd visit to my husband (for 3 weeks) next week. (It will be our 20th wedding anniversary).

 

Last time I went was early December. 

 

Last time, I brought all my "official ties" type of documents with me to show the CBP officer (land border, I was driving across to take a flight out of Detroit) and all he asked for was to see my return ticket.

 

Lawyer advised that I offer no information outside of what is asked of me. The CBP officer DID ask who I was visiting and I simply said, "Family and friends" -- which was the truth. I was terrified of being probed further, but nothing else came of it. 

 

THIS time I will bring all the same documents (bank account info, letter from my employer + latest pay stub, past I-94 info indicating my return to Canada AND of course return flight and shuttle information). If you have anything like, that, bring it all with you, it doesn't hurt!

 

I'm always nervous dealing with border officials, it can be nerve wracking. But my  lawyer advised just tell the truth if asked, and if you have a good record of returning generally you should be ok. 

 

And yes, agree with everyone who say it's *always* a risk. I went for months thinking I could go without visiting but the wait has been too long, I really miss my husband! Good luck to you and yours!

Edited February 10, 2023 by Mern V

[BettyMai 3]

21 hours ago, Mern V said:

I am planning a 2nd visit to my husband (for 3 weeks) next week. (It will be our 20th wedding anniversary).

 

Last time I went was early December. 

 

Last time, I brought all my "official ties" type of documents with me to show the CBP officer (land border, I was driving across to take a flight out of Detroit) and all he asked for was to see my return ticket.

 

Lawyer advised that I offer no information outside of what is asked of me. The CBP officer DID ask who I was visiting and I simply said, "Family and friends" -- which was the truth. I was terrified of being probed further, but nothing else came of it. 

 

THIS time I will bring all the same documents (bank account info, letter from my employer + latest pay stub, past I-94 info indicating my return to Canada AND of course return flight and shuttle information). If you have anything like, that, bring it all with you, it doesn't hurt!

 

I'm always nervous dealing with border officials, it can be nerve wracking. But my  lawyer advised just tell the truth if asked, and if you have a good record of returning generally you should be ok. 

 

And yes, agree with everyone who say it's *always* a risk. I went for months thinking I could go without visiting but the wait has been too long, I really miss my husband! Good luck to you and yours!

Thank you for your comment!  

Yes, dealing with CBP is always super nerve wracking! 
I’m trying to gather as much proof of ties to home country as I can, but still haven’t really decided whether I should go or not.. 

Of course it’s always a risk- but I think if you have as much proof as it sounds like you do, you should hopefully be ok!

 

Good luck to you and your husband! I hope you get through customs without any problems!