cavery123

Just wanted to be sure. 

On 4/10/2020 at 4:44 PM, cavery123 said:

We’re currently in LA because of the quarantine. We’ve applied for the I-130. And are going to apply for the Cr1 when back in the UK. Anyways, my wife’s ESTA expires the 20th if this month. We don’t want to go back until all this is over because we have a baby. What happens if we overstay at this time? Is there anything we can do to make sure we’re ok to stay at this time. 

OK, so we've just found out our I-130 is approved and we've been sent over to the NVC with a login and link. Do we still move forward with the CR-1, or just try to stay and adjust? also, how do you stay and adjust? The forms are almost identical to the CR-1.. Do I file on the site? is it a new process? should I involve a lawyer from this point? I just really want to do this properly

Ok so we were just advised by a lawyer to file for an extension ASAP. My plan is prove we have every intention of going back. As to stay and apply for the adjustment of status is a gamble, if they prove we came with intention to stay, which we haven’t, that could really hold us up. Thoughts?? 
 

We’re currently in LA because of the quarantine. We’ve applied for the I-130. And are going to apply for the Cr1 when back in the UK. Anyways, my wife’s ESTA expires the 20th if this month. We don’t want to go back until all this is over because we have a baby. What happens if we overstay at this time? Is there anything we can do to make sure we’re ok to stay at this time. 

1 minute ago, missileman said:

That is incorrect.  A foreign spouse/fiance can travel throughout the process, assuming they convince the CBP that he/she will return after the visit.  Many here have done it without issues.

Perfect. Ok. That’s what I thought. I was a bit surprised when I heard that and caught fire guard a bit. I thought we could travel exactly like you’re saying as long as we have return flights and passports. 

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So, you are absolutely allowed to travel after the I-130 is approved. Depending on your interpretation, CR-1 would only be "pending" while the passport has been handed over to the Consulate at the interview—it is therefore impossible to travel at this point as you will need your passport to travel. 

 

If you mean that your I-130 is approved and you haven't attended an interview yet, and you are travelling to the US, you will have to convince the border officer that you are not intending to stay. In my experience, being from an ESTA country, I have never been asked to provide proof or evidence of ties to my country of residence. For good measure, I carry a copy of my lease and employment contract with me, just in case. 

 

Awesome. Ok, because at the border this last time. They said something about being an intended immigrant and once the I-130 is approved we can’t travel on just an ESTA and that we’d need to immediately apply for the CR-1 and then we could travel. Btw, this is after supplying them with our return flight info and saying we are definitely not staying, just visiting family. 

Hello,

my wife is a UK citizen. We have a daughter together. Currently we’re waiting the approval of the I-130 with instructions to further complete the CR1. I just had one question. Because I am a US citizen and we’ve been back and forth so much, are we allowed to travel once the I-130 is approved and CR-1 is pending, do we then have to stay in the UK until it’s approved or is there something else I should apply for to allow travel? 
thank you so much