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Travelling on tourist visa whilst waiting for I-130

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For those that may benefit from this, I visited on an ESTA and there was no issue at all. I kept proof of residency/ties to home docs with me just in case. I did not need to show them. I used the MPC app which took me to a very small line with just a handful of people in front of me. All I was asked by the immigration officer was 'are you here on vacation?', and I said 'yes'. He was super nice and cheerful. He then took my fingerprints and stamped my passport, said 'have a nice trip!' and that was that. I was out super quick of the airport. Hopefully this can help anyone reading up on this! 

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  • 3 weeks later...

Just to add to this, I had a pending I-130 when I went to visit my husband in November last year. I went through border security on an ESTA with little problems, and even stated I had an I-130 pending for honest transparency. They seemed utterly unconcerned.

 

My I-130 has since been approved and processed and I'm now awaiting an interview letter for the embassy in London. While it's not wise to visit the US at this point, I've been told by other members that this is also something that shouldn't stop you from visiting the States. 

:us_outlying_islands:    qVrwoIS.gif    :us_outlying_islands:

 

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  • 4 weeks later...
Filed: K-1 Visa Country: Wales
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14 minutes ago, Canadian24 said:

 

It seems many comments here say they crossed as tourists until they got the green card but double-checking.

 

Correct, well in my case flew.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ecuador
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A hijack post was split from this thread and moved to the Work Visas forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • 2 months later...
Filed: Citizen (apr) Country: Taiwan
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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Germany
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For those who might benefit from this:

 

My husband has a pending

I-130 and his ESTA expires this month. When he came to visit me last month, we applied to renew his ESTA and it was approved within 4 hours. 

 

Yes, you can renew a ESTA with a pending I-130.

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I think I have read this entire thread but looking for clarification.

 

My husband (UK Citizen) is looking to vist myself and 3 of our children for 2 weeks at the beginning of December.   However, we are on the fence about him coming.

 

We have been married nearly 22 years and I moved over with 3 of our children 7 months ago and filed our I-130.  It will be 9 months since he has seen our children.  It would be very expensive for 4 of us to fly there than for him to fly here.

 

Our concern is his background.  When we got married 22 years ago, he came over on the VWP.  We got married while he was here and then applied for his green card right after.  We were asked about our intentions at the field office and we did tell the truth that we knew we were getting married when he visited.  We were rightfully told off but after being in the UK the last 17 years, we had to start over and after what we did last time, we knew we would apply through the required channels/applications.  Thing is, we are a close knit family and it's really affecting our youngest to the point he has gone very quiet so this 2 weeks is really needed for him.

 

He has every intention of returning back home.  He has full time job and return ticket.  As the house has just been inherited, he would only be able to bring his dad's will and death certificate.  He will put the house up for sale in the new year and has work to do on the house before.  He is also having our oldest son and his auntie over for Christmas day.  He has household bills in his name.

 

I know it will be down to border control if he is granted entry but with his background and no mortgage in his name be a big red flag and most likely be denied entry?  If he is denied entry, would that make our I130 take longer or delay it?  If our I-130 is at any risk of being delayed longer than it already takes then he won't risk it.    So just looking for opinions.  It will be a financial loss but would do what we have to do.    Sorry this was so long.

US citizen moved back to the states with our children to file, husband remained in England

I-130 application

Service Centre: Texas

Consulate: London, UK

Visa Journey timeline estimate for I-130 March 9-28, 2025

 

I-130 March 18, 2024 Application submitted online

I-130 March 18, 2024 NOA1, PD 

 

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Filed: Citizen (apr) Country: Australia
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1 hour ago, MaegZ0322 said:

I think I have read this entire thread but looking for clarification.

 

My husband (UK Citizen) is looking to vist myself and 3 of our children for 2 weeks at the beginning of December.   However, we are on the fence about him coming.

 

We have been married nearly 22 years and I moved over with 3 of our children 7 months ago and filed our I-130.  It will be 9 months since he has seen our children.  It would be very expensive for 4 of us to fly there than for him to fly here.

 

Our concern is his background.  When we got married 22 years ago, he came over on the VWP.  We got married while he was here and then applied for his green card right after.  We were asked about our intentions at the field office and we did tell the truth that we knew we were getting married when he visited.  We were rightfully told off but after being in the UK the last 17 years, we had to start over and after what we did last time, we knew we would apply through the required channels/applications.  Thing is, we are a close knit family and it's really affecting our youngest to the point he has gone very quiet so this 2 weeks is really needed for him.

 

He has every intention of returning back home.  He has full time job and return ticket.  As the house has just been inherited, he would only be able to bring his dad's will and death certificate.  He will put the house up for sale in the new year and has work to do on the house before.  He is also having our oldest son and his auntie over for Christmas day.  He has household bills in his name.

 

I know it will be down to border control if he is granted entry but with his background and no mortgage in his name be a big red flag and most likely be denied entry?  If he is denied entry, would that make our I130 take longer or delay it?  If our I-130 is at any risk of being delayed longer than it already takes then he won't risk it.    So just looking for opinions.  It will be a financial loss but would do what we have to do.    Sorry this was so long.

He could fly out of Dublin which has CBP preclearance process, so that if he is denied he is still close to home and not already made the flight. Even denial of entry isn’t going to adversely affect or slow down the IV process. Is he traveling on an already issued ESTA that is current or needing to apply for a new one ? 

Edited by Lil bear
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1 hour ago, Lil bear said:

He could fly out of Dublin which has CBP preclearance process, so that if he is denied he is still close to home and not already made the flight. Even denial of entry isn’t going to adversely affect or slow down the IV process. Is he traveling on an already issued ESTA that is current or needing to apply for a new one ? 

He has an approved ESTA that he got in August in preparation of his trip.   I had read about pre clearance from Dublin but his ticket is non stop from UK to here and he bought them back in May with an upgrade.  Don't want to risk losing more money but wished we had known about the pros of flying out of Dublin before that.    Our children don't know that he is coming because I don't want them to be upset.  

US citizen moved back to the states with our children to file, husband remained in England

I-130 application

Service Centre: Texas

Consulate: London, UK

Visa Journey timeline estimate for I-130 March 9-28, 2025

 

I-130 March 18, 2024 Application submitted online

I-130 March 18, 2024 NOA1, PD 

 

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Filed: K-1 Visa Country: Wales
Timeline

I can't tell if he is eligible to use the VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Australia
Timeline
6 minutes ago, Boiler said:

I can't tell if he is eligible to use the VWP.

Just checking if he did relinquish the GC. Otherwise,  I don’t read anything which would rule out VWP. But his entry this time just might be a challenge .. It really depends if his info is documented on what the CBP officer sees on entry.
The decision is between Trying and possibly failing or playing it really safe and not trying at all. One challenge is that as one child is struggling with his absence, Dad leaving may  be even worse. Hard choice for sure  

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11 hours ago, Lil bear said:

Just checking if he did relinquish the GC. Otherwise,  I don’t read anything which would rule out VWP. But his entry this time just might be a challenge .. It really depends if his info is documented on what the CBP officer sees on entry.
The decision is between Trying and possibly failing or playing it really safe and not trying at all. One challenge is that as one child is struggling with his absence, Dad leaving may  be even worse. Hard choice for sure  

Thank you so much for replying. 
 

Back then, we had just applied and paid for the application to remove the conditions of his 2 year green card.   Not long after, my husband got news that his parents weren’t doing great health wise and a choice was made to move back to the UK.   Although nothing was officially done, we sent a letter to explain the situation and withdraw that application.  I can’t remember what it was but back then, nothing was done online.  It wasn’t until last year that we saw there was a formal application to relinquish his green card.   We did not fill out any official form. 
 

I also see your point about our youngest son, hadn’t thought of it that way. 
 

Edited by MaegZ0322

US citizen moved back to the states with our children to file, husband remained in England

I-130 application

Service Centre: Texas

Consulate: London, UK

Visa Journey timeline estimate for I-130 March 9-28, 2025

 

I-130 March 18, 2024 Application submitted online

I-130 March 18, 2024 NOA1, PD 

 

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Filed: K-1 Visa Country: Wales
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So no I 407?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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