Entering the US on ESTA while I-130 is pending - No strong ties to home country..

[BettyMai 3]

Hi everybody :)

 

My husband (26, who is a USC) an I (24, Danish) filed for i-130 back in July 2022. We have been married since November 1st 2021.

 

Last time I was in the US was from July to September 2022. I am currently planning a trip to see my husband in the US in March, because it will be one year since his father passed away, and my husband and his family are having a small memorial. I am only planning on staying for about 2 weeks, because I’m worried the customs officer will be suspicious if I stay for longer, while my i-130 is pending.

 

I didn’t really think it would be a problem to enter the US when it’s only for a short period of time and I do have a good reason to go, but now after doing some research, it looks like you need a LOT of ties to your home country, otherwise you can get denied entry.

 

The problem is, that I basically have no strong ties to Denmark. I’m currently unemployed, staying with my parents so I own no property etc… Another thing is, I’ve previously gotten two extensions on my ESTA while visiting the US back in the beginning of covid. (First time was because my flights kept getting cancelled when I tried to go back home to Denmark, second time I got really sick and was unable to board my flight and leave the US. I have proof of both, and will bring them, if I go to the US.)

I’m afraid that the extensions will also be a problem when I try to enter the US…

 

Of course I will leave the US after my short stay, and would never try to commit visa fraud. But I am afraid that it looks like I would, with my i-130 pending and no strong ties to Denmark.

 

So my question is: Do you think I’ll be able to enter the US? If I only stay for about 2 weeks and of course bring my return ticket? Or would it be too risky/is the chance that I’ll get denied too big?

 

I know that it’s completely up to the border control officer to decide, so none of you can tell me exactly what will happen- but what is your guys experiences with traveling on ESTA while waiting for a visa, with no strong ties to your home country? And is a memorial a good enough reason to go? I so badly want to be there for my husband during this time.

 

I’m also planning on going to the US in May, for my sister in law’s wedding. If I do end up going in March, will it then be harder to enter again in May, even if that is also just for a short stay?

 

Thanks!!

[Crazy Cat 41,984]

The reason you are going to the US is not important.  Convincing CBP that you will return after your visit IS VERY IMPORTANT.   Short, infrequent visits are fine, but you need to be prepared to show ties to your country.  Otherwise, don't be surprised if you are denied entry.

Edited February 2, 2023 by Crazy Cat

[Redro 4,611]

1 hour ago, BettyMai said:

Hi everybody

 

My husband (26, who is a USC) an I (24, Danish) filed for i-130 back in July 2022. We have been married since November 1st 2021.

 

Last time I was in the US was from July to September 2022. I am currently planning a trip to see my husband in the US in March, because it will be one year since his father passed away, and my husband and his family are having a small memorial. I am only planning on staying for about 2 weeks, because I’m worried the customs officer will be suspicious if I stay for longer, while my i-130 is pending.

 

I didn’t really think it would be a problem to enter the US when it’s only for a short period of time and I do have a good reason to go, but now after doing some research, it looks like you need a LOT of ties to your home country, otherwise you can get denied entry.

 

The problem is, that I basically have no strong ties to Denmark. I’m currently unemployed, staying with my parents so I own no property etc… Another thing is, I’ve previously gotten two extensions on my ESTA while visiting the US back in the beginning of covid. (First time was because my flights kept getting cancelled when I tried to go back home to Denmark, second time I got really sick and was unable to board my flight and leave the US. I have proof of both, and will bring them, if I go to the US.)

I’m afraid that the extensions will also be a problem when I try to enter the US…

 

Of course I will leave the US after my short stay, and would never try to commit visa fraud. But I am afraid that it looks like I would, with my i-130 pending and no strong ties to Denmark.

 

So my question is: Do you think I’ll be able to enter the US? If I only stay for about 2 weeks and of course bring my return ticket? Or would it be too risky/is the chance that I’ll get denied too big?

 

I know that it’s completely up to the border control officer to decide, so none of you can tell me exactly what will happen- but what is your guys experiences with traveling on ESTA while waiting for a visa, with no strong ties to your home country? And is a memorial a good enough reason to go? I so badly want to be there for my husband during this time.

 

I’m also planning on going to the US in May, for my sister in law’s wedding. If I do end up going in March, will it then be harder to enter again in May, even if that is also just for a short stay?

 

Thanks!!

You will probably be okay for the visit in March if you choose to go. But, the visit in May *might* raise some flags. No one can tell you and it really does depend on the CBP you encounter. Are you comfortable with the thought of going to secondary and having to prove ties to your home country if you are pulled in for questioning?

I believe people from ESTA countries have an easier time entering than B2 visa visitors but really is all up to border control when you arrive. 

If you are denied on one of your trips the only issue would be the inability to travel to the US while you wait for your visa?

Depending on your tolerance, would you feel better spacing out your trips a little more- a trip in March and then a trip in September? 

Are you wanting to book your travel now for both trips or do you think maybe choose one or the other and then wait another 6 months before visiting again?

Unfortunately, no one can tell you what will happen but others will tell you they successfully visited several times while waiting for their immigrant visa. 

 

[Boiler 45,733]

With 2 Satisfactory Departures (first time for me) you can expect a trip to Secondary. Might want to at least get a job.

[pushbrk 12,997]

Frankly, I think you'll be fine, and YES, the reason you are visiting is important THIS TIME and really every time.  Being allowed in back in July for a few months even after your extensions is a good sign.  No guarantees ever but you have a history of LEAVING, that is very important.

[B&DT 5]

3 hours ago, BettyMai said:

Hi everybody

 

My husband (26, who is a USC) an I (24, Danish) filed for i-130 back in July 2022. We have been married since November 1st 2021.

 

Last time I was in the US was from July to September 2022. I am currently planning a trip to see my husband in the US in March, because it will be one year since his father passed away, and my husband and his family are having a small memorial. I am only planning on staying for about 2 weeks, because I’m worried the customs officer will be suspicious if I stay for longer, while my i-130 is pending.

 

I didn’t really think it would be a problem to enter the US when it’s only for a short period of time and I do have a good reason to go, but now after doing some research, it looks like you need a LOT of ties to your home country, otherwise you can get denied entry.

 

The problem is, that I basically have no strong ties to Denmark. I’m currently unemployed, staying with my parents so I own no property etc… Another thing is, I’ve previously gotten two extensions on my ESTA while visiting the US back in the beginning of covid. (First time was because my flights kept getting cancelled when I tried to go back home to Denmark, second time I got really sick and was unable to board my flight and leave the US. I have proof of both, and will bring them, if I go to the US.)

I’m afraid that the extensions will also be a problem when I try to enter the US…

 

Of course I will leave the US after my short stay, and would never try to commit visa fraud. But I am afraid that it looks like I would, with my i-130 pending and no strong ties to Denmark.

 

So my question is: Do you think I’ll be able to enter the US? If I only stay for about 2 weeks and of course bring my return ticket? Or would it be too risky/is the chance that I’ll get denied too big?

 

I know that it’s completely up to the border control officer to decide, so none of you can tell me exactly what will happen- but what is your guys experiences with traveling on ESTA while waiting for a visa, with no strong ties to your home country? And is a memorial a good enough reason to go? I so badly want to be there for my husband during this time.

 

I’m also planning on going to the US in May, for my sister in law’s wedding. If I do end up going in March, will it then be harder to enter again in May, even if that is also just for a short stay?

 

Thanks!!

Dont worry !!!  Im Danish married to US citizen since 20th September 2022 and just been in Michigan for 3 weeks and now back in DK.

They pulled me aside and asked me some questions,  I didn't have to show anything.

U can PM me if you want

 

[BettyMai 3]

16 hours ago, Crazy Cat said:

The reason you are going to the US is not important.  Convincing CBP that you will return after your visit IS VERY IMPORTANT.   Short, infrequent visits are fine, but you need to be prepared to show ties to your country.  Otherwise, don't be surprised if you are denied entry.

Thank you for your reply! Yes you are right. I might just have to stay in Denmark for now.. 

[BettyMai 3]

15 hours ago, ROK2USA said:

You will probably be okay for the visit in March if you choose to go. But, the visit in May *might* raise some flags. No one can tell you and it really does depend on the CBP you encounter. Are you comfortable with the thought of going to secondary and having to prove ties to your home country if you are pulled in for questioning?

I believe people from ESTA countries have an easier time entering than B2 visa visitors but really is all up to border control when you arrive. 

If you are denied on one of your trips the only issue would be the inability to travel to the US while you wait for your visa?

Depending on your tolerance, would you feel better spacing out your trips a little more- a trip in March and then a trip in September? 

Are you wanting to book your travel now for both trips or do you think maybe choose one or the other and then wait another 6 months before visiting again?

Unfortunately, no one can tell you what will happen but others will tell you they successfully visited several times while waiting for their immigrant visa. 

 

Thank you so much for taking your time to write such a long reply! I really appreciate it. If I had stronger ties to Denmark, I wouldn’t be so worried about going to secondary. I’m applying for jobs atm, and maybe if I got hired somewhere, that would make it a bit easier.

And yes you’re right, it would definitely be a better idea to space out my trips more. I would have to miss either the memorial or the wedding though- but I guess that’s just the way it is for now. I’ll have to just look forward to when I hopefully get the visa, and me and my husband can stay together!..

[BettyMai 3]

14 hours ago, Boiler said:

With 2 Satisfactory Departures (first time for me) you can expect a trip to Secondary. Might want to at least get a job.

Yes - I am currently applying for jobs and hope that I’ll get hired before possibly leaving in march… Thank you for your reply! 

[BettyMai 3]

14 hours ago, pushbrk said:

Frankly, I think you'll be fine, and YES, the reason you are visiting is important THIS TIME and really every time.  Being allowed in back in July for a few months even after your extensions is a good sign.  No guarantees ever but you have a history of LEAVING, that is very important.

Thank you so much for your very nice reply, I really appreciate it! I hope you are right- but like you also said, you really never know and it’s up to the CBP to decide. Your comment made me feel a little less worried about it though. :) 

[BettyMai 3]

13 hours ago, B&DT said:

Dont worry !!!  Im Danish married to US citizen since 20th September 2022 and just been in Michigan for 3 weeks and now back in DK.

They pulled me aside and asked me some questions,  I didn't have to show anything.

U can PM me if you want

 

Thank you so much for your reply- that makes me feel a bit less worried! I’ll  send you a PM later! Tak! :) 

[Mike E 11,741]

19 hours ago, BettyMai said:

Last time I was in the US was from July to September 2022

 

19 hours ago, BettyMai said:

Another thing is, I’ve previously gotten two extensions on my ESTA

 

19 hours ago, BettyMai said:

I am currently planning a trip to see my husband in the US in March,

 

19 hours ago, BettyMai said:

I’m also planning on going to the US in May, for my sister in law’s wedding

So 4-5 months in the USA between July 1 and May 31 in 11 months.

 

Plus a history of ESTA extensions. 
 

High risk. Some people claims the worst case is being allowed to withdraw your application to enter the USA and returned home, and thus your IR-1 visa won’t be at risk. 
 

That’s not accurate.

 

The worst case is expedited removal which carries a 5 year ban.  
 

It rarely happens.  So do plane crashes. I still wear my seat belt on planes even when the fasten seat belt sign is off. 
 

To me this isn’t  worth the risk.  

Edited February 2, 2023 by Mike E

[BettyMai 3]

23 hours ago, Mike E said:

 

The worst case is expedited removal which carries a 5 year ban.  
 

Oh whoa! I’ve never heard of anyone getting a 5 year ban! But if that’s true, then I really don’t want to risk it. Thank you for your comment! 

[rierose 15]

Hi! I'm not an i-130 filer but an i-129F filer (I'm not sure how great of a difference this makes on the 'risk', but wanted to share my experience anyway).

I'm also a Danish citizen, engaged to a USC. Since filing our i-129F in December 2021, I've been back to the US on my B2 visa 5 times for short periods of time like you are describing.

 

I've also previously overstayed by B2 visa with 3 months, although I did get approval beforehand, as it is a legal extension you can inform the border control officer about at the port of entry. However, from my personal experience, re-entering with a i-129F pending has never been an issue, nor have they even mentioned it to me. Perhaps I've just been extremely lucky, but my fiancé and I have also been in contact with immigration lawyers multiple times to understand what the risks may have been of entering while waiting for approval, and both lawyers have not been concerned what so ever.

 

I know it can be scary to read all of these comments, and of course they should be taken seriously as none of us are interested in loosing our ability to eventually immigrate and be with our loved one. However, I think it is key to prove your intent to leave again as others have mentioned, if you're questioned, and your history of visiting but also leaving is a good track record as well.  In my experience, I have never ever been asked about this, but rather just how long I am staying in the US and what my intent is. For that I usually just say vacation, visiting my friends and family, and thats about it. However, I do understand if you feel more precautious given the comments of other people. 

 

I hope the best for you and your husband!

[BettyMai 3]

On 2/7/2023 at 7:02 PM, rierose said:

Hi! I'm not an i-130 filer but an i-129F filer (I'm not sure how great of a difference this makes on the 'risk', but wanted to share my experience anyway).

I'm also a Danish citizen, engaged to a USC. Since filing our i-129F in December 2021, I've been back to the US on my B2 visa 5 times for short periods of time like you are describing.

 

I've also previously overstayed by B2 visa with 3 months, although I did get approval beforehand, as it is a legal extension you can inform the border control officer about at the port of entry. However, from my personal experience, re-entering with a i-129F pending has never been an issue, nor have they even mentioned it to me. Perhaps I've just been extremely lucky, but my fiancé and I have also been in contact with immigration lawyers multiple times to understand what the risks may have been of entering while waiting for approval, and both lawyers have not been concerned what so ever.

 

I know it can be scary to read all of these comments, and of course they should be taken seriously as none of us are interested in loosing our ability to eventually immigrate and be with our loved one. However, I think it is key to prove your intent to leave again as others have mentioned, if you're questioned, and your history of visiting but also leaving is a good track record as well.  In my experience, I have never ever been asked about this, but rather just how long I am staying in the US and what my intent is. For that I usually just say vacation, visiting my friends and family, and thats about it. However, I do understand if you feel more precautious given the comments of other people. 

 

I hope the best for you and your husband!

Thanks so much you for your comment! 

Yes- I’ve heard horror stories of people being denied entry, but also many like you, who has been lucky and entered without problems, so it’s very hard to decide whether to risk it or not! It’s really just up to the person to convince CBP that they’re going to return home.. which can be hard without many strong ties to your home country! It makes me feel a little less worried that the lawyers you talked to didn’t seem concerned about it at all though! 
 

I’ll try to gather as much proof as possible and be prepared for being questioned- and only do a short visit, if I do decide to go.. and hopefully it’ll go ok, like it did for you  

 

All the best to you and your fiancé as well!!