Is my ESTA still valid for temporary WVP visit to the US while I-130 / CR-1 is being processed?

[rpaterson 42]

I am currently in the process of applying for permanent residency and my I-130 is pending. Am I allowed to travel to the US to visit my wife (US Citizen) using my existing ESTA authorization and travel visa free under the VWP?

My ESTA was approved in June 2013 (before I applied for CR-1) and expires in June 2015. So does this still remain vaild while my CR-1 application is going through?

[SimonBelgium 49]

From what I've been told, YES, you can just fly in using your VWP / ESTA.

However, the immigration officer might have on his system that you are married to a US citizen. Therefore, make sure you have the following:

• Proof of filing your I-130, typically this will be a copy of your NOA-1
• Proof you will return to your country, typically a return ticket
• Proof you have a desire / need to go back to your country, typically proof of employment, house ownership, ....

If the officer isn't satisfied, and "fears" you will stay in the US illegally, you wil be denied entry.

I hope others can chime in too with additional info, this is just what I was able to gather... I am planning to fly in to see my wife around thanksgiving...

[rpaterson 42]

Thank you so much for your reply.

I was aware that when visiting the US with an I-130 application pending you need to show proof of intent to return to your home country, I just wasn't sure if my ESTA authorization which I obtained before the filing of the I-130 would still be valid.

I will have to start compiling my evidence that I fully intend on returning to the UK after my visit. I have read it can be quite an ordeal to satisfy the immigration officer that you do not intend on staying illegally. Would be awful to travel all that way only to get denied entry.

Good luck with your visit!

[Anna Grant 169]

Lots of people continue to travel on their ESTA after they've submitted their I-130. I traveled to the US 3 times on my ESTA after I submitted my I-129F (K1 visa). See the thread here for people's experiences traveling:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

I know it's under the K1 area on the forum but it's still valid for your situation.

Here are some tips for traveling and documentation to bring to prove you have to go back to the UK:

http://www.visajourn...content/k1visit

The only thing I have ever been asked for is my return ticket

[h13rma 35]

As long as you have proof of intent to leave it should be okay.

[lynndy38 64]

Yes, I travelled over to visit my husband during the process. I took a ton of evidence that I'd be returning to the UK after my holiday but wasn't asked for anything!!!! Better safe than sorry though.

Good luck and have a great visit!!!

[rpaterson 42]

Thank you all so much for your help!