Travelling on tourist visa whilst waiting for I-130

[Cookie88 92]

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! 

[Melancholic Mage 115]

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. 

[Boiler 45,737]

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.

[TBoneTX 45,608]

A hijack post was split from this thread and moved to the Work Visas forum.

[Crazy Cat 41,985]

****Spammer ejected****

-VJ Moderation

[TiffAndMike 63]

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.

[MaegZ0322 19]

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.

[Lil bear 4,261]

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 October 12 by Lil bear

[MaegZ0322 19]

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.  

[Boiler 45,737]

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

[Lil bear 4,261]

@MaegZ0322  Did he then relinquish his GC when you returned to UK? 

[Lil bear 4,261]

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  

[MaegZ0322 19]

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 October 13 by MaegZ0322

[Boiler 45,737]

So no I 407?

[Lil bear 4,261]

10 hours ago, Boiler said:

So no I 407?

Failing to complete the AOS process would have ended his LPR status though ?