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Are you able to enter the US via ESTA while I-130 is being processed?

By J / A in Direct Consular Filing (DCF) General Discussion

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J / A Contributor

J / A   0

Posted
Filed: Timeline
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My wife and I plan to have our I-130 documentation mailed out by the 1st of February via London DCF. We have booked a trip to go the States from the UK at the end of March/early April for two weeks with my wife's parents which leads us to our question and concern. Will my wife be able to travel to the States while the I-130 is being processed? Any input on this matter is appreciated!

Thanks,

J & A

K-1 Visa Timeline:

04/03/2008 - Met by chance while vacationing in Costa Rica. Travel 3 weeks together. We kiss on final night together

06/05/2008 - I visit her in Germany, travel and stay together for 5 weeks. We hit it off big time

11/27/2008 - She moves in with me while I live and work in England on 2 year working VISA

08/03/2010 - 2 year working VISA expires, I move back to the States, sadly leave her behind in England

11/16/2010 - Fly her out to Paris and propose to her in front of Eiffel Tower. She says yes :)

01/03/2011 - I-129F, K-1 Packet sent to Dallas lockbox via USPS registered mail

01/07/2011 - Delivered, January 07, 2011, 6:38 am, DALLAS, TX

01/18/2011 - Packet rejected (incomplete, missing info)

01/19/2011 - Scrap USA plans, decide to live in UK few more years

01/28/2011 - Biometrics Complete & UK Visitor Marriage Visa Fed Ex'd next day delivery w/Priority Service

To come:

03/26/2011 - Our marriage in London

- EEA Family Permit (6 months right to live and work in UK)

- EEA2 Visa (5 years right to live in UK)

??/??/201? - Move back to America to raise family once kids come into the picture

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JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Most definitely she can. She is advised to bring proof of her intention to return at the end of the trip - letter from her employer, return ticket, confirmation of appointments she has coming up (I think you mentioned in another thread she's pregnant?) etc.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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J / A Contributor

J / A   0

Posted
Filed: Timeline
  • Author
Posted

Most definitely she can. She is advised to bring proof of her intention to return at the end of the trip - letter from her employer, return ticket, confirmation of appointments she has coming up (I think you mentioned in another thread she's pregnant?) etc.

This is great to know, thank you!

K-1 Visa Timeline:

04/03/2008 - Met by chance while vacationing in Costa Rica. Travel 3 weeks together. We kiss on final night together

06/05/2008 - I visit her in Germany, travel and stay together for 5 weeks. We hit it off big time

11/27/2008 - She moves in with me while I live and work in England on 2 year working VISA

08/03/2010 - 2 year working VISA expires, I move back to the States, sadly leave her behind in England

11/16/2010 - Fly her out to Paris and propose to her in front of Eiffel Tower. She says yes :)

01/03/2011 - I-129F, K-1 Packet sent to Dallas lockbox via USPS registered mail

01/07/2011 - Delivered, January 07, 2011, 6:38 am, DALLAS, TX

01/18/2011 - Packet rejected (incomplete, missing info)

01/19/2011 - Scrap USA plans, decide to live in UK few more years

01/28/2011 - Biometrics Complete & UK Visitor Marriage Visa Fed Ex'd next day delivery w/Priority Service

To come:

03/26/2011 - Our marriage in London

- EEA Family Permit (6 months right to live and work in UK)

- EEA2 Visa (5 years right to live in UK)

??/??/201? - Move back to America to raise family once kids come into the picture

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awaywego Enthusiast

awaywego   28

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Germany
 Timeline
Posted

We haven't filed yet, but we always take evidence of residence/property/cash, evidence that the USC resides in the other country (since the idea would be that the USC is the non-USC's tie to the US), and all of our itinerary information. Once we have the NOAs from filing, we'll add those to the packet. Your wife by now must have a good history of entering and exiting as promised, which is supposed to also help.

There's a ton more information on entering while in the process in the pinned post at the top of the IR-1/CR-1 forum.

2012: Married
2014 2016 2017: I-130 packet direct to Frankfurt

Frankfurt's "steps" to DCF:

Step 1: I-130 Petition Checklist (PDF, from their USCIS page)

Step 2: Immigrant/Fiance(e) & K-Visa Applicant Checklist (PDF, from their Appointment & Interview page)

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