File I-130 and fly back at interview time? (split topic)

[timo900 0]

I wanted to ask, while I am applying for the I-130 in the United States and just go back to my home country when its the interview time?Because I can fly cheap and again spending 8-10 months away from my loved one is kind of harsh. If I would have ESTA could I be in United States while everything files?

[Sulaimon & Brandy 20]

Spending time away from our loved ones is the hardest part of this process in my opinion. I considered a lawyer but I have found confidence with the knowledge of others on VJ that have been threw this or are currently going threw the process. Good Luck on your journey it maybe short or long but in the end you will be together as one.

[timo900 0]

I wanted to ask, while I am applying for the I-130 in the United States and just go back to my home country when its the interview time?Because I can fly cheap and again spending 8-10 months away from my loved one is kind of harsh. If I would have ESTA could I be in United States while everything files?

I am also asking because our country does NOT have a USCIS office, only the embassy. Traveling to neighbor countries is same amount for me as Los Angeles.

[li_09 40]

Maybe you want to start a new thread so that you can get more answers

[Ryan H 3,812]

***Posts split from unrelated thread.***

**Moderator hat off**

First of all, an I-130 is not something that is applied for, it is a petition form that is filed.

Since the VWP only allows you to stay 90 days at a time, it is unlikely that you will be able to remain in the entire time from filing to interview. Additionally, going to Canada or Mexico does not reset the clock. Furthermore, if you are spending more time in the US than out, CBP will notice and could deny you entry.

Edited February 15, 2014 by Ryan H