IR-1/CR-1 issued and in my passport, can I enter the US under an ESTA?

[ElGrandeDoodel 37]

Hi VJ folks, would appreciate your thoughts on the following.

 

• I've had my IR-1/CR-1 (London consulate) interview scheduled for 20 April with medical in early April.
• All being well I should have a visa issued and in my passport at some point in May.
• Our second wedding anniversary is in early September.
• My plan is to enter the US and endorse the visa mid September, after our second wedding anniversary, so I get the IR-1 with 10 year green card.

 

If possible, I'd like to go to the US in May/June once my visa has been issued but enter the US under my ESTA without endorsing the visa.

Is that possible? Is there a risk CBP will refuse entry, or refuse entry under the ESTA and instead force me to enter under the visa?

Thanks!

[SteveInBostonI130 3,459]

Once you have your CR1/IR1 visa, your first entry to the US will be on that visa.

 

If for some reason CBP do not notice that you have a CR1 and you do get entry on ESTA, I do not know how that will be handled.  Your CR1 may be voided.  

 

This is an unusual issue and I defer to others' with more knowledge.

[gregcrs2 1,778]

Not possible.  Once a visa is issued, that visa must be used to enter the USA.  Even if you had a visitor visa, they would cancel that visa before issuing the CR-1 visa.  You could reschedule your interview for a date after your anniversary.  Seems best outcome would be for your spouse to come to your country for your anniversary.

[pushbrk 12,898]

Can of worms.  Best to reschedule the medical and visa interview.  Without the visa, no reason you can't visit on ESTA.