Traveling with ESTA while K-1 is pending

[bbbey 2]

Has anyone experienced difficulties extending their ESTA while their K-1 visa application is pending? Have you experienced trouble at the POE, entering with your ESTA while a K-1 visa application was pending?

 

Obviously I'm trying to do everything the legal way but I'm afraid they'll deny me entry when I try to enter the country with my ESTA while awaiting my K-1 visa, thinking I'll secretly try to get married to my boyfriend while visiting him.

 

I'm currently weighing the pros and cons of the K-1 and CR-1 visas because my boyfriend and I are unsure about which process will be most suitable for us. The waiting time isn't the problem honestly, but travel restrictions while applications are pending is a very big scare for both of us.

Edited December 16, 2022 by Beyza

[Crazy Cat 41,806]

1.  Many, many people visit via ESTA without difficulty during the immigration process.

2.  You are wise to consider the restrictions associated with a K-1.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[bbbey 2]

19 minutes ago, Crazy Cat said:

1.  Many, many people visit via ESTA without difficulty during the immigration process.

2.  You are wise to consider the restrictions associated with a K-1.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Thank you for your answer!

 

I'm visiting my boyfriend in February so we'll have a lengthy discussion about this in person. As for now I'm just concerned about visiting with an ESTA while K-1 application is pending and need more people to share their experience on this. Makes me nervous even thinking about it 💔

[Boiler 45,442]

You may wish to review the mega thread.

[bbbey 2]

1 minute ago, Boiler said:

You may wish to review the mega thread.

I just signed up to this website and have no idea where to find the mega thread. Care to share a link with me?

[Boiler 45,442]

 

[Chancy 6,241]

*** Moved from K1 Progress Reports to What Visa Do I Need -- OP is considering visa options ***

 

10 hours ago, Beyza said:

I just signed up to this website and have no idea where to find the mega thread. Care to share a link with me?

 

...and here's the other mega-thread, for those visiting while in the CR1/IR1 process --