ytw95

Best plan! My experience keeping up with London is they deny tourist visas often when people are eligible for ESTA. Many complain they had no chance to even discuss it or present evidence. Just a quick No. 

Well, someone did, and was successful (my kiwi husband).

Again, that is incorrect. https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf Page 23: "If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved."
 
What prohibited you from adjusting during your last US trip was INA 245(c)(4): https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7
Visa Waiver Programs
An alien admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. Similarly, an alien admitted as a nonimmigrant without a visa to Guam or to the CNMI is barred from adjustment of status. These bars do not apply, however, to those seeking to adjust status as an immediate relative of a U.S. citizen or VAWA-based applicants.

A denied B-2 does not make one ineligible for the VWP for life. It is possible to obtain an ESTA approval following a denied B-2 but it would take a few years, which is not ideal for the OP. 
 
What will cause the loss of the VWP privilege for life is an overstay, even of an hour, on any visa. 
 
I agree that applying for a B-2 merely to get more time with the husband is unlikely to be successful. The VWP is a privilege people in other countries can only dream of. My advice to anyone wanting to apply for a B-2 just for longer visits is “don’t push your luck”. The OP is almost certainly close to the edge with CBP’s definition of “occasional visits” with the numbers of days spent here thus far. It’s going to get harder and harder to convince them that she’s not living here in 90-day installments with occasional trips back to the UK. She also needs to research the physical presence rules with the IRS. 

Oh WOW really....Damn....That sounds risky, I guess I'll stick with ESTA for now then....Thank you!

I spent 40 days with my fiance (then boyfriend) and a further 20 days on a VWP last year. Applied for a B2 in October to travel with him as his job was in jeopardy at the time; and got denied. I think it was because I'm self employed and a part-time student, single female, no kids. The interview was over within 90 seconds and the CO asked for no evidence of ties to the UK (I own property, have work contracts, healthy bank account etc). The CO kindly mentioned it was something to do with my employment but gave me no other details.
 
I'm now engaged and on the K1 visa journey but if anything happened to my fiancé (God forbid) I can't even enter the US to be by his side right now. He's a full-time parent and he only has 2 weeks vacation time left this year so it's difficult for him to travel to me. We've a good few months wait ahead of us for a K1 visa interview. It's an awful feeling and position to be in especially having been turned down for the B2 which canceled my ESTA. 
 
I just wanted to share my story to help you make a decision regarding a B2 application / K1 application

Anybody is eligible to apply.
 
But you should be more concerned on a denial. Because a denial of a B2 will mean you will lose your ESTA. Because as per the ESTA it is obligated that you are screened for ANY denied visas to the US. And a denied B2 makes you ineligible to have an ESTA. Then you won't have any way of seeing your husband. Basically, you are rolling the dice for a few more months of stay. Not worth it.
 
Yes you are right that it is unconventional. Because you are already given a privilege of entering the US without going through the B2 process. So when people from countries that have ESTA/VWP apply for a B2, they are often denied. Because the consular is going to assume you can do everything in 90 days that you can do in 6 months. And with a husband in the US they will think you are trying to "live" in the US by staying here 6 months at a time. There are even threads here on VJ where people have lost their ESTA by applying for other visas and being denied.
 
So can you apply for a B2? yes
The bigger question is... Should you?

Processing times for I-130, N-400 and more are here
https://egov.uscis.gov/processing-times/

Update: Hey guys today I just completed the first leg of my journey on ESTA : London Heathrow - JFK , whole process was so smooth, check in was easy, I didn’t check in online, went to the Delta desk and told them I was visiting my LPR husband on ESTA, I showed them the marriage certificate, his green card and passport copies, then they called someone at homeland security to confirm if it’s okay for me to fly, which was a yes. Flight was very empty, about 15 passengers altogether I think.
 
Got to JFK, right off the airplane there were crew there to take everyone’s temperature then headed off to custom & immigration, got asked some basic questions such as what’s the purpose of my visit, how long is my visit and few questions about my husband and how we met and how long we were married; then he took me to someone to get stamped cos I was travelling from a travel ban country and on esta, and then I was free to go. 
 
im currently waiting for my connecting flight as I’m writing this, im genuinely surprised how smooth everything went and how helpful all the staff were.
 
Long story short, if you’re exempt from the travel ban as the proclamation states, you can travel with esta, cos I I just did and it wasn’t troublesome, I was so worried beforehand so now I’m extremely relieved ☺️   

Update: Hey guys today I just completed the first leg of my journey on ESTA : London Heathrow - JFK , whole process was so smooth, check in was easy, I didn’t check in online, went to the Delta desk and told them I was visiting my LPR husband on ESTA, I showed them the marriage certificate, his green card and passport copies, then they called someone at homeland security to confirm if it’s okay for me to fly, which was a yes. Flight was very empty, about 15 passengers altogether I think.
 
Got to JFK, right off the airplane there were crew there to take everyone’s temperature then headed off to custom & immigration, got asked some basic questions such as what’s the purpose of my visit, how long is my visit and few questions about my husband and how we met and how long we were married; then he took me to someone to get stamped cos I was travelling from a travel ban country and on esta, and then I was free to go. 
 
im currently waiting for my connecting flight as I’m writing this, im genuinely surprised how smooth everything went and how helpful all the staff were.
 
Long story short, if you’re exempt from the travel ban as the proclamation states, you can travel with esta, cos I I just did and it wasn’t troublesome, I was so worried beforehand so now I’m extremely relieved ☺️   

Same. Pretty much same situation. I think me trying to check in online caused some sort of drama with ESTA. But i got it sorted. 

I didnt know they are revoking ESTA's. I travelled with nil concerns from UK to US in early June with ESTA. All that was outside the norm was the airline calling to see if I was eligible to fly beforehand. Also, I was unable to check in online and had to in person.
 
They singled everyone out from the check in line (American Airlines at London Heathrow Airport) who had to provide documentation for their eligibility to a Homeland security personnel (non US citizens etc). I just showed them my marriage certificate and a copy of my husband's passport. He made a call to confirm and let me carry on. The rest of the journey was smooth. No one asked me any further about my right to travel. I only had issues with the fingerprint system during immigration check on landing... I think the officer was too busy trying to get it to work to even stamp my passport. He barely asked much questions aside from the basic why I'm there. I was happy to share that I was in the middle of the CR1 process. I don't think there's any reason to hide it and I have enough ties to my home country.
 
Good to know that you can contact ESTA services in an emergency.

I tried to check in online with AA the night before my flight, within minutes my ESTA got revoked. I called CBP and then put me through to the department that deals with ESTA's. I told them I was married to US citizen. I had my marriage certificate, copy of husbands passport and birth certificate plus my i130 receipt. He kept me on the line and said apply for another esta now while I'm on the line and he said all he could do was push it for a 72 hour deadline (my flight was in 10 hours) within 20 mins I have the approval. Same situation as the lady above at the airport in Amsterdam I got asked the same questions but was fine. I stayed for 6 weeks. I also had copy of my lease and work contract to show I had tied to the UK. Please just go to the airport prepared, don't check in online and make sure your ESTA is not revoked.
See my reply below you'll be fine

Because the passport, the marriage certificate and the i130 all have dates within the last 6 months. The likelihood of someone being dead or divorced is extreme. I also had to provide address and his contact details of where he was and they called him when I was in the air. 

They did not reinstate. I had to apply for a new one and there was no guarantee, its not because 'I cried at them' its because I was exempt from the ban and there was no reason to refuse travel 

Seems a bit pointless to revoke then reinstate because someone cries at you, but I guess if that’s the only option left she may as well try.
 
I used to think ESTA was a great privilege but apparently it’s just one big uncertainty. 

This is a relief at least. (And from a past experience with Virgin I am sure they will honor this  - some years back I had an accident the week before I was scheduled to fly, and after informing them what happened, they fully refunded me on a non refundable non cancellable ticket without even an admin fee. They’re great.)

Hey  I did travel while pending on I-130 petition to visit my Husband by end of june in the US. I had B1/B2 touristvisa but my daughter(his stepdaughter) only had an ESTA and they let her travel with it. I had a stopp in Amsterdam and from there I flyied with an American Airline where they ask me for the first time for all the documents that I needed to prove. They called an US goverment that was working at the airport in Amsterdam and he checket my marriage certificate and checket if hes really an US citizen then he told the other lady from the Airline that me and my daughter are alright and that we can travel with their Airline. When I arrieved in Atlanta they asked me again for the marriage certificate and let me in. I was worried to but if you bring all your documents with you that you need, then you gonna be alright! Good luck and have fun!

F2A takes months to process, can easily be over a year, go ahead and file.