Visiting my USC husband on an ESTA whilst CR1 is processing

[Daphne . 1,638]

1 hour ago, Bill Oxner said:

It's allowed, I just read some guys post and his wife from Philippines just got to USA on a Tourist Visa and they are now planning on just having her stay and adjust status.  He was planning on going back to Philippines with her soon, but I advised him to wait for a while since he as having surgery in USA soon.

 

I wasn't aware that was allowed but is a really nice option 

This is turning into a very slippery slope now.. Yes, technically somebody can adjust status from a tourist visa if they are in the US already and circumstances changed. In this case however, OP is NOT in the US yet and already thinking about or advising the option of adjusting status in the US is a little shady because of that. Don’t do it..

To OP: yes, you can visit the US on your Esta while your I-130 is pending. I visited my husband many times while mine was pending. I had short visits (1-2 weeks per visit) because I couldn’t be away from work for longer, and this also showed a strong tie to my home country.

 

I would not apply for a tourist visa because you are Esta eligible and might lose your Esta if your tourist visa gets denied. 

[demijonas 1]

Just now, Daphne . said:

This is turning into a very slippery slope now.. Yes, technically somebody can adjust status from a tourist visa if they are in the US already and circumstances changed. In this case however, OP is NOT in the US yet and already thinking about or advising the option of adjusting status in the US is a little shady because of that. Don’t do it..

To OP: yes, you can visit the US on your Esta while your I-130 is pending. I visited my husband many times while mine was pending. I had short visits (1-2 weeks per visit) because I couldn’t be away from work for longer, and this also showed a strong tie to my home country.

 

I would not apply for a tourist visa because you are Esta eligible and might lose your Esta if your tourist visa gets denied. 

Hi Daphne! 

 

Thanks for your response. Absolutely understand AOS causes room for concern, I was more wanting to check this was even allowed at all as I'm only just seeing that some other posters have done so. I had no idea switching from consular processing to AOS was even a thing until about 20 hours ago. 

 

I guess it worries me the most that my husband and I will be apart from majority of the time whilst the CR1 is processing and with the way things seem to be going these days, it could take well over a year and going for a couple of weeks at a time, many times, will be very expensive. Plus, spending more time out of the US than in it will also need to be applied here. I know I'm not the only one in this boat, but my husband is active duty military and his schedule is a lot more fixed than mine so taking leave to come to the UK and visit me regularly isn't an option for us. Whereas I can come and go as much as I like in theory as I own my own business which enables me a lot of time freedom.

[Crazy Cat 39,151]

1 hour ago, demijonas said:

wasn't aware it was something even allowed but yes, a really nice option like you mention.

Visa fraud is not a nice option.  Entering the US as a visitor with the intent to stay and adjust is visa fraud.  The Terms of Service of VJ prohibits discussing this further.

Edited March 19, 2023 by Crazy Cat

[BLC 112]

1 hour ago, demijonas said:

Just out of curiosity, how long has it been since you filed and how long did he stay back home in the UK between his visits?

We filed in July 2022. 
I have always heard that too, to stay out of the country 2x as long as your last visit; but we have done it before where he has visited for a month, and then returned one month later for an additional month, and we have been fine. I think if it happens every now and then, it’s probably not a big deal if someone does have a long history of following all the ESTA rules.

 

I always remind my husband, just in case they are going to deny entry,  to just politely ask to withdraw his request to enter the country so he doesn’t get a denial on his record (of course it’s all something that can still be worked out if that ever happens, but of course better to avoid it, if possible). 

 

Dublin is definitely a good choice! They’ve always been really nice there (JFK staff have been, too). It’s just such a piece of mind to be able to tell your spouse “we are all good!” before boarding that long haul; and then don’t have to have that worry in the back of your mind for that long flight.

[demijonas 1]

1 minute ago, Crazy Cat said:

Visa fraud is not a nice option.

Thanks for that Crazy Cat. I can assure you I am aware of this, but yes thank you for pointing out that visa fraud is not a nice option.

Intent is made at the border. If the original commenter was explaining about a situation that involved a US spouse suddenly needing surgery and his wife having to care for him, then there is no visa fraud there, that would be a change of circumstances which I have seen and heard happens many times.

[Crazy Cat 39,151]

6 minutes ago, demijonas said:

Thanks for that Crazy Cat. I can assure you I am aware of this, but yes thank you for pointing out that visa fraud is not a nice option.

Intent is made at the border. If the original commenter was explaining about a situation that involved a US spouse suddenly needing surgery and his wife having to care for him, then there is no visa fraud there, that would be a change of circumstances which I have seen and heard happens many times.

As I said, VJ Terms of Service are monitored closely here.   Per your original question, you can visit at the discretion of CBP.

Edited March 19, 2023 by Crazy Cat

[demijonas 1]

4 minutes ago, BLC said:

We filed in July 2022. 
I have always heard that too, to stay out of the country 2x as long as your last visit; but we have done it before where he has visited for a month, and then returned one month later for an additional month, and we have been fine. I think if it happens every now and then, it’s probably not a big deal if someone does have a long history of following all the ESTA rules.

 

I always remind my husband, just in case they are going to deny entry,  to just politely ask to withdraw his request to enter the country so he doesn’t get a denial on his record (of course it’s all something that can still be worked out if that ever happens, but of course better to avoid it, if possible). 

 

Dublin is definitely a good choice! They’ve always been really nice there (JFK staff have been, too). It’s just such a piece of mind to be able to tell your spouse “we are all good!” before boarding that long haul; and then don’t have to have that worry in the back of your mind for that long flight.

Thanks so much for this info. I'm glad it's worked out so well for you both all those times, I really hope I'll be in the same boat soon!

I must remember this withdrawing to request entry if anything does happen, I have seen that posted a few times around this site but hadn't known if it applied to this type of circumstance. 

 

I think Dublin seems like a winning option for me. That long haul flight will be a lot more relaxing for me and my partner knowing I'm already through. LAX have been nice every time tbh, I can't say I've ever had a bad experience to be honest. I flew to JFK in 2018 with an esta and had a return booked for 3 months time, the only thing I was asked is what I would be doing for the time and where I was staying which was with a friend. Given I wasn't married to a US citizen with a pending case back then, haha.

[demijonas 1]

4 minutes ago, Crazy Cat said:

As I said, VJ Terms of Service are monitored closely here. 

Can see your original post was edited as it didn't say that to begin with. Thanks for the heads up, but I was merely replying to the commenter about someone else's situation. Nothing to do with mine as I have said I'll be doing consular processing and just wanted to know how it was even legal to switch. Thanks!

[BLC 112]

15 minutes ago, demijonas said:

 

I guess it worries me the most that my husband and I will be apart from majority of the time whilst the CR1 is processing and with the way things seem to be going these days, it could take well over a year and going for a couple of weeks at a time, many times, will be very expensive

It is always a tempting thought, but it’s not worth it. Unless it’s honest, and there’s a really big change in circumstance while you’re there (unplanned), it’s really not worth the risk of committing fraud. 
I don’t think you will try AOS route, but just in case  you (or someone reading this) ever do get tempted at the thought of taking that route, because you’re  hating that time apart and thinking of the expenses during the wait …just look at it this way—if you did try AOS and it was “planned”, you would have to overcome USCIS being extra suspicious of the reasoning behind it. And then you would be stressing over a possible denial. If you did get a denial, just imagine how long you’d be apart after that and how expensive it would be to maintain a marriage long distance (or in your situation, to try to convince a military spouse to move to a different country) 12-18 months of this is way better than a lifetime of it. 
 

Like you said, we all are in the same boat ..some of us with different circumstances. But it equally sucks for all of us- no one wants to be away from the person they chose to spend life with. But, it’s comforting to just remember that almost everyone here has been through it, or is going through it (and there’s a ton more that never even come on this site!) 

Edited March 19, 2023 by BLC
Fixed typo

[demijonas 1]

1 minute ago, BLC said:

It is always a tempting thought, but it’s not worth it. Unless it’s honest, and there’s a really big change in circumstance while you’re there (unplanned), it’s really not worth the risk of committing fraud. 
I don’t think you will try AOS route, but just in case  you (or someone reading this) ever do get tempted at the thought of taking that route, because you’re  hating that time apart and thinking of the expenses during the wait …just look at it this way—if you did try AOS and it was “planned”, you would have to overcome USCIS being extra suspicious of the reasoning behind it. And then you would be stressing over a possible denial. If you did get a denial, just imagine how long you’d be apart after that and how expensive it would be to maintain a marriage long distance (or in your situation, to try to convince a military spouse to move to a different country) 12-18 months of this is way better than a lifetime of it. 
 

Like you said, we all are in the same boat ..some of us with different circumstances. But it equally sucks for all of us- no one wants to be away from the person they chose to spend life with. But, it’s comforting to just remember that almost everyone here has been through it, or is going through it (and there’s a ton more that never even come on this site!) 

Oh you're so right! I'm riddled enough with anxiety about this whole process coming to visit on an ESTA let alone even attempt to try something like AOS. I'm certainly not brave enough to go down that slippery slope but really just wanted to understand what it was people were doing and how it was even legal. 

 

It is an expensive process going back and forth visiting, but I'm praying that USCIS are processing applications quicker than they were during peak covid times so that I won't have to come and go too much. I have seen some cases recently on Reddit being approved incredibly quickly but I know it's all pot luck. How far along in the process are you guys after filing in July?

[Daphne . 1,638]

31 minutes ago, demijonas said:

Hi Daphne! 

 

Thanks for your response. Absolutely understand AOS causes room for concern, I was more wanting to check this was even allowed at all as I'm only just seeing that some other posters have done so. I had no idea switching from consular processing to AOS was even a thing until about 20 hours ago. 

 

I guess it worries me the most that my husband and I will be apart from majority of the time whilst the CR1 is processing and with the way things seem to be going these days, it could take well over a year and going for a couple of weeks at a time, many times, will be very expensive. Plus, spending more time out of the US than in it will also need to be applied here. I know I'm not the only one in this boat, but my husband is active duty military and his schedule is a lot more fixed than mine so taking leave to come to the UK and visit me regularly isn't an option for us. Whereas I can come and go as much as I like in theory as I own my own business which enables me a lot of time freedom.

Yes, it will mean that you’ll be apart for a little while longer, and I understand it gets expensive to have multiple short trips, but how would you be able to afford being away from work for extended periods of time? I see that you own your own business, but you are aware that you can’t work while visiting on your Esta, correct? Having extended visits will raise flags with CBP

[Bill Oxner 18]

27 minutes ago, demijonas said:

Thanks for that Crazy Cat. I can assure you I am aware of this, but yes thank you for pointing out that visa fraud is not a nice option.

Intent is made at the border. If the original commenter was explaining about a situation that involved a US spouse suddenly needing surgery and his wife having to care for him, then there is no visa fraud there, that would be a change of circumstances which I have seen and heard happens many times.

I just re read his post. He was having some kind of heart pump surgery and given only a few months without the surgery,  His wife applied for an emergency tourist visa from Philippines so she could be in USA with him for he surgery. She was quickly approved.

 

She just got here and they were gonna go back to Philippines like 3 months after surgery, I suggested he stay in USA due to the poor medical they have in Philippines until he was like 100%. 

[demijonas 1]

2 minutes ago, Daphne . said:

Yes, it will mean that you’ll be apart for a little while longer, and I understand it gets expensive to have multiple short trips, but how would you be able to afford being away from work for extended periods of time? I see that you own your own business, but you are aware that you can’t work while visiting on your Esta, correct? Having extended visits will raise flags with CBP

My business runs in the UK whether I am there or not. I've worked really hard for some years to grow my business to a point where I have time freedom like I said and have staff that work for me now, which is why I can afford to be away from work for extended periods of time. It would be physically impossible for me to work on my ESTA as my business, which is a clothing brand, runs and operates from my offices in London and everything is made/shipped from there.

[demijonas 1]

4 minutes ago, Bill Oxner said:

I just re read his post. He was having some kind of heart pump surgery and given only a few months without the surgery,  His wife applied for an emergency tourist visa from Philippines so she could be in USA with him for he surgery. She was quickly approved.

 

She just got here and they were gonna go back to Philippines like 3 months after surgery, I suggested he stay in USA due to the poor medical they have in Philippines until he was like 100%. 

Understood. Definitely no intent of visa fraud there. I think heart surgery is enough of a reason to have a change in circumstances, wow.

[Bill Oxner 18]

3 minutes ago, demijonas said:

Understood. Definitely no intent of visa fraud there. I think heart surgery is enough of a reason to have a change in circumstances, wow.

I was wondering how she got a tourist visa being married, now it make more sense to me

 

Sounds like the poor fellar was in pretty dire straits.