ESTA visits

[Julija 6]

I visited my husband on an esta on the 23rd of july, and left on the 16th of october (an 87 day visit). What i'm wondering is, what is the recommended time before visiting again with esta, and if the duration of your last trip plays any roll with it. I know it's all up to the cbp officer if they allow me to enter the country, but do reasons for a visit have anything with getting denied or approved access? Before filing for a cr-1, we have to do some paperwork with getting my last name changed for the i-130, and it would be much cheaper and easier to deal with if done in the u.s.

[SalishSea 17,828]

21 minutes ago, Julija said:

I visited my husband on an esta on the 23rd of july, and left on the 16th of october (an 87 day visit). What i'm wondering is, what is the recommended time before visiting again with esta, and if the duration of your last trip plays any roll with it. I know it's all up to the cbp officer if they allow me to enter the country, but do reasons for a visit have anything with getting denied or approved access? Before filing for a cr-1, we have to do some paperwork with getting my last name changed for the i-130, and it would be much cheaper and easier to deal with if done in the u.s.

That doesn't make sense really.  Do you mean you want to file the petition from within the US?  That is fraudulent, as you will be coming in with intent to adjust.

 

In terms of the name change, the only legal document for that is the marriage certificate.  There is no centralized "name change" agency or procedure.  One just presents the marriage certificate to each agency or organization as needed (passport agency, SSA, banks, employers etc). 

 

So you would simply use the married name on all of the forms, and as you have to include the marriage cert as a supporting document for the petition, that will be enough to show a legal name change for USCIS purposes.

[Boiler 45,486]

Well I also do not understand the reason but with nearly 3 months in maybe give it 6 months before looking to enter again?

[Julija 6]

1 hour ago, Jorgedig said:

That doesn't make sense really.  Do you mean you want to file the petition from within the US?  That is fraudulent, as you will be coming in with intent to adjust.

 

In terms of the name change, the only legal document for that is the marriage certificate.  There is no centralized "name change" agency or procedure.  One just presents the marriage certificate to each agency or organization as needed (passport agency, SSA, banks, employers etc). 

 

So you would simply use the married name on all of the forms, and as you have to include the marriage cert as a supporting document for the petition, that will be enough to show a legal name change for USCIS purposes.

http://www.washington.embassy.si/index.php?id=2329&L=1 This is what i need for the name change for my passport.

 

We will not file the petition while i am visiting, it would just be easier to get it all sorted if we did it together. 

 

What if my name change isn't specified/visible on our marriage certificate?

[Boiler 45,486]

Presumably you are in Slovenia, why not register in Slovenia?

[SalishSea 17,828]

1 hour ago, Julija said:

http://www.washington.embassy.si/index.php?id=2329&L=1 This is what i need for the name change for my passport.

 

We will not file the petition while i am visiting, it would just be easier to get it all sorted if we did it together. 

 

What if my name change isn't specified/visible on our marriage certificate?

If you are in Slovenia, why not just get the passport updated there?

 

I'm not sure where your marriage certificate is from, but for US purposes: the presence of the (usually) male spouse/groom's name and the presence of the (usually) female/bride's maiden name on the certificate satisfies the "legal name change" issue.  Of course, one can always choose not to change it - the marriage certificate serves both options.

[Julija 6]

We will figure everything out step by step eventually, what i need to know right now is when is a good idea for me to visit my husband again.

[SusieQQQ 11,586]

 

The rule of thumb is twice as long outside the US as in it. So if you just visited for nearly 3 months, safest is around at least a 6 month break before returning.

[carmel34 3,626]

If you want to be with your USC husband as soon as possible, he can file the I-130 now with a marriage certificate.  No need to wait six months to return to the US to do it.  The petitioner files the I-130 anyway, you don't need to be in the US with him to file it.  If he doesn't have a copy of your marriage certificate you can send one to him.  Information needed for the forms can be sent to him by email or text.  You can get your passport corrected in Slovenia.  Remember to submit evidence of a bona fide marriage relationship with the I-130, showing time spent together, co-mingling of finances, everything that you can gather.  Good luck!

[Boiler 45,486]

3 hours ago, Julija said:

We will figure everything out step by step eventually, what i need to know right now is when is a good idea for me to visit my husband again.

How long do you intend to visit, how much vacation do you get?

[Julija 6]

6 hours ago, carmel34 said:

If you want to be with your USC husband as soon as possible, he can file the I-130 now with a marriage certificate.  No need to wait six months to return to the US to do it.  The petitioner files the I-130 anyway, you don't need to be in the US with him to file it.  If he doesn't have a copy of your marriage certificate you can send one to him.  Information needed for the forms can be sent to him by email or text.  You can get your passport corrected in Slovenia.  Remember to submit evidence of a bona fide marriage relationship with the I-130, showing time spent together, co-mingling of finances, everything that you can gather.  Good luck!

I'm aware i don't have to be in the US for us to file the petition, but from what i've read (correct me if i'm wrong), for the i-130, doesn't my passport have to state my name change along with our marriage certificate? Or can i use my current passport information with my maiden name, and just use the marriage certificate to file the forms? Maybe i haven't done enough research on this so i'm asking for any help you can provide, we truly want to file our petition asap

[Julija 6]

5 hours ago, Boiler said:

How long do you intend to visit, how much vacation do you get?

Since i'm unemployed, i can stay for as long as we decide on (in the 90 day frame of course)

[Boiler 45,486]

2 minutes ago, Julija said:

Since i'm unemployed, i can stay for as long as we decide on (in the 90 day frame of course)

I would wait until you get a job and keep the visit shorter.

[SusieQQQ 11,586]

2 hours ago, Julija said:

Since i'm unemployed, i can stay for as long as we decide on (in the 90 day frame of course)

Red flag for CBP = no reason to go back home.

[JFH 12,190]

On 12/13/2019 at 3:01 PM, Julija said:

Since i'm unemployed, i can stay for as long as we decide on (in the 90 day frame of course)

Not good. CBP will be very interested to know how you are financing your trips and keeping all your rent/utilities etc paid whilst you are gone. 

 

Are you not intending to look for a job? 

 

The name that you use on the I-130 form has to match your passport as that is the name they will use on your visa. You don’t have to change your name. If you want all the visa paperwork in your married name, the first thing to do is get a new passport in the married name.