on ESTA and two passports

[portorusa 431]

My French husband is currently in USA visiting me on ESTA. His CR1 is not issued yet (currently in AP) but is almost ready. The Paris Embassy emailed asking his passport back.

My husband entered USA on his French passport. But because of his Portuguese origin, he also has his valid Portuguese passport (with him). 

With the coronavirus situation my husband is not in a hurry to return to Europe right now. His ESTA entry is valid till May 9 so he’d rather be safe than sorry.

However, his medical will expire on May 22.

That means he does not have too much time left.

Question: Can my husband mail his French passport to Paris Embassy now, and leave USA on Portuguese passport to pick his French passport up (with CR1 visa ready and issued)  later?

[designguy 1,179]

Not sure if it matters but which passport did he use to enter the US?

[OrihimeandIchigo 216]

Also which passport did he send in to NVC? 

[Petulc 28]

Hello! If he leaves with a different passport, he won't have a record on that passport that he arrived to his country, which can cause problems afterwards. 

 

[millefleur 5,047]

**Moved from IR-1 / CR-1 Spouse Visa Process & Procedures to Working & Traveling During US Immigration; topic is travel**

[Lil bear 4,252]

2 hours ago, portorusa said:

My French husband is currently in USA visiting me on ESTA. His CR1 is not issued yet (currently in AP) but is almost ready. The Paris Embassy emailed asking his passport back.

My husband entered USA on his French passport. But because of his Portuguese origin, he also has his valid Portuguese passport (with him). 

With the coronavirus situation my husband is not in a hurry to return to Europe right now. His ESTA entry is valid till May 9 so he’d rather be safe than sorry.

However, his medical will expire on May 22.

That means he does not have too much time left.

Question: Can my husband mail his French passport to Paris Embassy now, and leave USA on Portuguese passport to pick his French passport up (with CR1 visa ready and issued)  later?

It won’t bother the US what he presents at check in  for his departure.. but ... Can he enter France using his Portuguese passport ? Usually dual citizens must use the passport from the  country they are entering even though they have other passports ie. French passport for entering France 

Edited March 15, 2020 by Lil bear

[portorusa 431]

He used only his French passport - for I-130, NVC, and interview. After the CR-1 interview the Paris Embassy kept his French passport. He retrieved it to travel to USA and he entered USA on French passport. 

He wants to mail his French passport to Paris Embassy, then when the visa is issued, he wants to buy a plane ticket to Portugal using his Portuguese passport.

He wants to visit his family in Portugal for a couple of days, then drive to France to pick his French passport with visa, then fly to USA on his French passport.

P.S. The Paris Embassy knows about his Portuguese origin. And about his current visit on ESTA. 

 

[NikLR 13,227]

Sounds legal. But id worry about sending my passport through the mail from another country.  Normally youre in the country youre using the courier services with. But if it works its viable. 

[Loren Y 2,755]

9 hours ago, NikLR said:

Sounds legal. But id worry about sending my passport through the mail from another country.  Normally youre in the country youre using the courier services with. But if it works its viable. 

I agree, I have left my US passport in countries, and returned to pick it up with the visa in it, and traveled on another passport. The only risk I see also is the mailing of the passport, but use a reputable service with tracking and you should be good.

[JFH 12,190]

Re-read the original post and answered my own question...

Edited March 16, 2020 by JFH