Visiting husband on ESTA (No pending i130)

[AuroraLora 0]

Hi!

I apologise if there's a thread somewhere I have missed.  I did try and search a few different ways about my situation, however every post seemed to come up with an i130 already in progress.

 

I am a British Citizen, with residency in Sweden.  I have lived in Sweden for 6 years and have a pending Citizenship application here.  My husband is a US Citizen.  We got married in Denmark in the Summer and he has visited me here in Sweden twice since without issue since.  However, for Christmas I am to visit him in the US for 2 weeks.  It will be my first time visiting the US since we got married.  I have visited 3 times previously on my ESTA while we were dating and did not overstay. (2 week trips)

 

I will have all the documents I have seen mentioned on this forum, i.e - Return flight ticket, proof of employment certificate, some payslips, rental invoices, bills etc, just in case.  

 

For context, we are still working out which immigration option would be best for us, either applying for me to move to the US, or for him to move to Sweden.  It looks likely we will apply for me to move to the US, perhaps filing our i130 sometime in the New Year.

Should I expect additional scrutiny?  Or just the same potential questions as those visiting with an i130 in progress?  Of course I would be honest with the officer about our situation.

Any input is very appreciated, thank you. 

[IWander 589]

16 minutes ago, AuroraLora said:

Hi!

I apologise if there's a thread somewhere I have missed.  I did try and search a few different ways about my situation, however every post seemed to come up with an i130 already in progress.

 

I am a British Citizen, with residency in Sweden.  I have lived in Sweden for 6 years and have a pending Citizenship application here.  My husband is a US Citizen.  We got married in Denmark in the Summer and he has visited me here in Sweden twice since without issue since.  However, for Christmas I am to visit him in the US for 2 weeks.  It will be my first time visiting the US since we got married.  I have visited 3 times previously on my ESTA while we were dating and did not overstay. (2 week trips)

 

I will have all the documents I have seen mentioned on this forum, i.e - Return flight ticket, proof of employment certificate, some payslips, rental invoices, bills etc, just in case.  

 

For context, we are still working out which immigration option would be best for us, either applying for me to move to the US, or for him to move to Sweden.  It looks likely we will apply for me to move to the US, perhaps filing our i130 sometime in the New Year.

Should I expect additional scrutiny?  Or just the same potential questions as those visiting with an i130 in progress?  Of course I would be honest with the officer about our situation.

Any input is very appreciated, thank you. 

You should expect the same level of scrutiny.  It is difficult to predict what the CBP officer will even ask about. 

[Ontarkie 14,275]

~~moved to Tourist Visas, from IR1/CR1 P&P - as the OP is asking about visiting and does not have a Pending I-130 in process.~~

[Boiler 45,658]

The vast majority of people in your situation have no issue

[OldUser 6,860]

I'd vote on becoming a Swedish citizen first and then moving to the US. You can have I-130 pending all this time.

Edited December 12, 2023 by OldUser

[Redro 4,611]

14 hours ago, AuroraLora said:

Hi!

I apologise if there's a thread somewhere I have missed.  I did try and search a few different ways about my situation, however every post seemed to come up with an i130 already in progress.

 

I am a British Citizen, with residency in Sweden.  I have lived in Sweden for 6 years and have a pending Citizenship application here.  My husband is a US Citizen.  We got married in Denmark in the Summer and he has visited me here in Sweden twice since without issue since.  However, for Christmas I am to visit him in the US for 2 weeks.  It will be my first time visiting the US since we got married.  I have visited 3 times previously on my ESTA while we were dating and did not overstay. (2 week trips)

 

I will have all the documents I have seen mentioned on this forum, i.e - Return flight ticket, proof of employment certificate, some payslips, rental invoices, bills etc, just in case.  

 

For context, we are still working out which immigration option would be best for us, either applying for me to move to the US, or for him to move to Sweden.  It looks likely we will apply for me to move to the US, perhaps filing our i130 sometime in the New Year.

Should I expect additional scrutiny?  Or just the same potential questions as those visiting with an i130 in progress?  Of course I would be honest with the officer about our situation.

Any input is very appreciated, thank you. 

I encountered LESS scrutiny when I was entering the US- married to a USC with no I130 on file. 

But,  at time I had a history of visiting and not overstaying (or staying too long - longest visit was 40 days). 

They don't know what you don't tell them. Answer all the questions honestly but don't add unnecessary detaills.