Travelling on tourist visa whilst waiting for I-130

[Lighthouse111 2]

On 8/27/2020 at 9:53 AM, AlcantarA said:

Hey there!

 

I was about to ask the same thing, I will be flying from the UK to Los Angeles in about 11 days on my ESTA (I too have never bothered for a visa) and my husband and I have a pending i130. Please update your experience traveling, I would very much appreciate it

 

I wish you a safe journey and a wonderful trip! 

Please do update. I'm waiting for an interview and want to travel to the states on my ESTA. Last time I went to the US on my ESTA I was pending approval of I-i30 so it was a little different.

[Jens79 64]

On 8/21/2020 at 6:15 AM, bobjennyhitched said:

Hi, I just wanted to add my two cents, pennies whatever..... I travelled multiple times on the ESTA to visit my husband, my longest stay was 7 weeks. I worked remote and in the HQ whilst I was in the US.

 

Unrelated, back in 2014, before I met my husband, I went to work in the states for a short time and at the time I had a B1/B2 and C1/C2 visas as I'm ex-cabin crew. It was in my valid passport at the time and the agent told me I'd get more rights on that visa then the ESTA. My memory is hazy on that lol but thought I'd throw it in there.

 

Good luck!

You are not allowed to work on any of those visas. Not on ESTA, not B1/B2 and not on C1/C2. I assume you just didn't know, but it's definitely NOT legal to do so, and if USCIS found out about you could get in trouble. Be careful and never encourage anyone else to work in the US on anything other than a proper work visa or work permit or a green card. 

[Jens79 64]

2 hours ago, Lighthouse111 said:

Please do update. I'm waiting for an interview and want to travel to the states on my ESTA. Last time I went to the US on my ESTA I was pending approval of I-i30 so it was a little different.

It's not different. Your situation is exactly the same as you last trip. No difference. Stop worrying.

[bobjennyhitched 99]

1 hour ago, Jens79 said:

You are not allowed to work on any of those visas. Not on ESTA, not B1/B2 and not on C1/C2. I assume you just didn't know, but it's definitely NOT legal to do so, and if USCIS found out about you could get in trouble. Be careful and never encourage anyone else to work in the US on anything other than a proper work visa or work permit or a green card. 

I was not encouraging, and as I was honest, and did not get into trouble as I did not break the law. 

 

You can travel on the ESTA for business purposes. An ESTA is for business and tourism purposes less than 90 days. You cannot work on a tourist visa. B1 is a business Visa, B2 is a tourist, I held both. The B1 I used for Business Visa. C1 is a Crew member visa. I was crew, therefore I needed the B1 for business, C1 for the plane/transit and B2 for tourism.

 

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

 

I entered the US in 2014 for a legal conference at my company in the US, CBP advised my visa at the time held more rights at the time than my ESTA. Once it expired I used the ESTA.

 

My company uses the ESTA for business purposes - meetings, conferences etc.... https://www.application-esta.co.uk/ten-things-about-ESTA-VWP#:~:text=The ESTA allows you to travel for tourism or business,for pleasure or business purposes.&text=Rather%2C travelling for business purposes,meetings%2C conferences%2C congresses%2C etc

 

To add, I declared this Visa to the USCIS, NVC etc..... I did not seek work on these visas so yes I understand what you mean, but I was attending conferences, meetings etc....  The B1 was fine for this until it expired and then my ESTA took over.

 

I travelled to visit my husband under my ESTA and to attend meetings at the same time, I always made sure I declared both to immigration and every trip during the visa process was documented. 

Edited August 31, 2020 by bobjennyhitched
Clarifying

[Dags 134]

7 hours ago, Lighthouse111 said:

I visited for two weeks on an ESTA visa while my I-130 was pending. It was a little stressful... they took me into another room with some other people and I had to wait for about an hour to be interviewed. They asked me  ALOT of questions about my situation and were very stern. I showed them my letter of employment and paystubs showing that I work in Australia and my return flight home and that I was visiting for two weeks to see my husband and then had to return to work in Australia. I thought they weren't going to let me in but eventually they did. 

This sounds so stressful! Glad you got to enter US in the end. 
 

On 8/24/2020 at 8:29 AM, PBabz said:

I haven't seen any recent accounts of anyone making a trip to the US from the UK and I continue to be nervous.

I planned to see my husband during September, but work restraints meant I needed to move my dates forward so all plans are in place for me to head to the US via Washington DC this Friday. 

 

We are still at NVC stage with our application, July DQ date with a non-expedited case, so much like everyone else, no estimate for when I might be ready for interview at the embassy, but we thought it maybe best to see each other instead of holding out and waiting for my visa. 

 

I'll be travelling on my ESTA waiver as I don't have a visa, all the trips I've made to see him over the years, I've always gone on my waiver and not bothered for a visa.

 

Happy to update everyone on my journey over the weekend if that's helpful. Fingers crossed for smooth dealings with CBP when I arrive!! 

Good luck! I’m sure you will be fine 😊

[AAmelie 16]

9 hours ago, Lighthouse111 said:

Please do update. I'm waiting for an interview and want to travel to the states on my ESTA. Last time I went to the US on my ESTA I was pending approval of I-i30 so it was a little different.

I will do! I am due to fly this Saturday but I am still in the very early stages of my pending I130, we have only received our NOA1. I am not as far in the process as you are so I do not have a pending interview at this particular moment in time (hopefully soon lol!). 

[PBabz 137]

For anyone interested to know, just thought to share my travel experience, I’m currently at NVC waiting interview with a non-expedited July DQ date:

 

Booked to fly direct from Heathrow to Washington Dulles, usual morning fuss process. 
Taking the advice of others in different forums, I opted not to check in online and arrived at the airport precisely 3 1/2 hours early where I proceeded to wait at a socially distanced chair nearest the door and in direct line of sight for the information board showing desk numbers for check in. As soon as the information was updated I walked up to the desk and waited my turn. 
 

The very cheerful member of staff enquired about my destination and requested my passport. I produced it, she asked about the purpose of my visit and asked for documentation to show my husband’s citizenship (copy of passport) and our marriage (copy of marriage certificate) and she promptly informed me that she would need to have Homeland security come speak to me. 
A few minutes later, a friendly American man came down, asked similar questions, reviewed the documents I produced and let me know he would have to verify everything. 
He made a phone call after photographing things and a few minutes later I was good to go!

Continues with the check in process, boarding pass in hand I went off to grab a bite to eat and wait for the gate announcement. As I boarded the plane, the staff member scanning my passport asked whether I had a visa or ESTA, I confirmed ESTA and he wished me a good flight.
 

A particularly empty flight, I flew premium economy with BA and was one of three people in the entire cabin. I think the flight had 30 people in total - uneventful. 
There’s a track and trace form to be completed before landing but when asked about a landing card the cabin crew said we didn’t need these? 
 

Before approaching immigration, we stop at desks to have the track and trace forms reviewed, temperature taken and advice around quarantining for two weeks given. I got a landing card to complete and took this over to immigration.

 

The CBP officer was very nice, handed over my passport and landing card. He asked similar questions as the homeland security officer at Heathrow, took a photo to update my picture on file then put my passport and landing card in a see through plastic lock box, handed it back and pointed me in the direction of a lady at the end of the hall that I needed to follow. 
The female CBP officer took me to a door, told me to follow the line down the very long hall and through the door. My first experience of this so I was unaware where I was headed but this was of course the secondary screening area. 
My flight came in after 8pm so the waiting area was empty apart from a lady who brought in a rogue apple (accidentally) that was complaining of hunger. 
 

Handed my lock box over, waited for my name to be called (‘excuse me Miss,’ the officer said) and I approached his desk. He didn’t have much to ask; asked the length of my trip, my husband’s name and what he does, what I do, where I work, my husband’s middle name, the order of his names and that was it. 
He did a lot of typing, stamped my passport and gave a brief explanation of why I was brought to secondary screening. He just said they like to check that those they’re allowing entry to the country right now have strong ties, handed back my passport and I was on my way. 
 

Probably took an hour from landing to get through customs and Covid screening but nobody asked about any pending visa applications, my intentions around departure, asked me to produce a return ticket or anything like that. Was pretty straightforward if I’m honest, I had a lot of other documentation with me that I’m currently using as a bookmark because they were irrelevant. 
 

Hopefully that is helpful to someone and eases any anxieties those I’ve seen that are travelling soon. Happy to answer any questions if anyone has. 
 

It’s been a long wait for my husband and I to see each other and I was exceedingly nervous about travelling but I would absolutely do it again to come here, seamless process, no grief from anyone and it’s only been two full days so far but so glad to be here with him while we continue to wait for our interview.

 

Good luck to those travelling soon and all those still waiting for interviews/approvals, stay strong!! 🤞🏽😊

 

 

Edited August 31, 2020 by PBabz

[Lighthouse111 2]

10 hours ago, AlcantarA said:

I will do! I am due to fly this Saturday but I am still in the very early stages of my pending I130, we have only received our NOA1. I am not as far in the process as you are so I do not have a pending interview at this particular moment in time (hopefully soon lol!). 

Thank you. good luck!

[angeljolie 188]

Wondering if someone from the Philippines has visited while I-130 is in process.  

[Iscir 297]

On 8/30/2020 at 9:19 PM, Lighthouse111 said:

Please do update. I'm waiting for an interview and want to travel to the states on my ESTA. Last time I went to the US on my ESTA I was pending approval of I-i30 so it was a little different.

i traveled on my ESTA after i sent my documents to nvc but before i was DQ, and my experience wasn’t any different than when i traveled with a pending I-130. i was asked the same questions as always (how long are you visiting, how much money i had, etc). 

[Lighthouse111 2]

18 hours ago, Iscir said:

i traveled on my ESTA after i sent my documents to nvc but before i was DQ, and my experience wasn’t any different than when i traveled with a pending I-130. i was asked the same questions as always (how long are you visiting, how much money i had, etc). 

Could you tell me if you went through SFO airport? I'm part of a greencard facebook group and there have been a few posts lately about people getting turned back on ESTAs from LAX and SFO. 

[Iscir 297]

17 hours ago, Lighthouse111 said:

Could you tell me if you went through SFO airport? I'm part of a greencard facebook group and there have been a few posts lately about people getting turned back on ESTAs from LAX and SFO. 

no, i went through houston. i don’t have experience with the sfo airport, because i would always enter via houston, dallas or miami 😕 and of those three, only in the miami airport they asked me a few more questions than usual but nothing bad. 

[rodeo 11]

On 8/31/2020 at 8:31 PM, angeljolie said:

Wondering if someone from the Philippines has visited while I-130 is in process.  

As long as you have a valid B1/B2 Visa, yes you can.  My daughter always visits us here in the US yearly with an ongoing I-130 processing.

[angeljolie 188]

12 hours ago, rodeo said:

As long as you have a valid B1/B2 Visa, yes you can.  My daughter always visits us here in the US yearly with an ongoing I-130 processing.

Yay, finally! Thank you. Yes I have a valid B1/B2 visa. It's under my maiden name though. I hope it doesn't pose a problem. I visited the US thrice before on that visa.

[Dags 134]

22 minutes ago, angeljolie said:

Yay, finally! Thank you. Yes I have a valid B1/B2 visa. It's under my maiden name though. I hope it doesn't pose a problem. I visited the US thrice before on that visa.

Ive got valid b1/2 visa with my maiden name and in my old now passport with maiden name. I’ve been told to carry both passport and marriage certificate and all should be fine 😊