Visiting my USC husband on an ESTA whilst CR1 is processing

[demijonas 1]

Hi all! Hoping for a bit of advice or even better, real life situations you’ve been through yourselves in regards to this. Had posted on Reddit but feel as though it's filled with not as helpful responses as this site. -

 

My husband (US Citizen) and I (UK Citizen) got married last month in the US while I was visiting him for ten days and I returned home to the UK a few days after. We are planning to start the process for a marriage based green card (waiting for our marriage certificate to come back) and will fill out form I-130 as soon as and go the consular processing route. My question is, for how long will I be able to visit him in the US whilst the visa is processing? I’ve seen a mixture of answers to this and some really great outcomes but my anxiety makes me question everything. I’ve seen some going back and forth fine on their B2 visas, some on an ESTA.

 

An immigration lawyer we briefly spoke to said I have strong ties to the UK, two mortgages/properties, I work for myself and have a LTD business registered in the UK, car on finance that has a few years left to pay off, can show sufficient funds to fund myself whilst I’m out there so I’m hoping I’d be able to provide enough evidence if I was questioned. He thinks we stand a good chance but said he’s had clients turned away and some come and gone multiple times with no issues. My husband is also active duty military and we were told this could help us although I’m not sure how true that is. 

 

Any advice on how long I should book to stay for if we go this route? I'm seeing most people say a couple of weeks, short and sweet trips cause less concern. Of course I want to be with my husband for as much time as possible, especially as it isn’t an option for him to spend nearly as much time in the UK with me whilst being in the military but am keen for more feedback. I have a concert planned in LA on the 11th May so would be going just before that. 

 

On a sidenote, I recently came across some posts where people had switched from consular processing to AOS whilst visiting their spouse on a tourist visa or ESTA. I hadn't realised this was an option. Is that incredibly risky? We have every intent to do the consular processing but just wanted to know for my own interest.

[Crazy Cat 41,814]

10 minutes ago, demijonas said:

On a sidenote, I recently came across some posts where people had switched from consular processing to AOS whilst visiting their spouse on a tourist visa or ESTA. I hadn't realised this was an option. Is that incredibly risky? We have every intent to do the consular processing but just wanted to know for my own interest.

You cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.  Be prepared to show proof of your strong ties to home country.

[demijonas 1]

1 minute ago, Crazy Cat said:

You cannot enter the US as a visitor with the intent to stay and adjust status.  That would be visa fraud.  Be prepared to show proof of your strong ties to home country.

Yes I'm aware of this. I was just making note of the fact that I've recently come across some people doing this, when their original intent was to go and just visit as normal and go home to finish the process but for whatever reason, they have switched to AOS. I know intent is determined at the borders by an officer so just wasn't sure if switching was even allowed at all.

[Sammy_2496 116]

AOS is extremely risky and very illegal if that is your intent when you enter (pre planned). If you genuinely entered for the purposes of visiting, then later on in your trip you decide to marry and stay.. then it is legal to adjust status and people successfully do it. With your other question, it seems you have strong ties to your home country so you should be fine. But as always, you’re at the mercy of the CBP officer you speak to. I recommend bringing all the proof you can showing you will return… in conclusion i think you will be okay. Good luck with the visa and congratulations on your marriage ☺️

[demijonas 1]

Just now, Sammy_2496 said:

AOS is extremely risky and very illegal if that is your intent when you enter (pre planned). If you genuinely entered for the purposes of visiting, then later on in your trip you decide to marry and stay.. then it is legal to adjust status and people successfully do it. With your other question, it seems you have strong ties to your home country so you should be fine. But as always, you’re at the mercy of the CBP officer you speak to. I recommend bringing all the proof you can showing you will return… in conclusion i think you will be okay. Good luck with the visa and congratulations on your marriage ☺️

Thanks so much! Yes, I believe (and hope) that I have a good amount of proof showing I will return. Especially considering I’ve seen people with much less ties be granted entry so fingers crossed there. Any recommendations on how long of a trip I should be showing? Given the esta is valid for 90 days I’ve heard most saying to not do the full time.

 

In regards to the first part of your message, what I meant was those that have already married, are in the process of/have filed a CR1 with the intent to go home and do consular processing, then switch to AOS whilst they’re in the US for whatever reason. This is obviously legal somehow because I’ve seen people on this site do it, but I’m wondering if it just became really tricky switching routes. 

[Sammy_2496 116]

Just now, demijonas said:

Thanks so much! Yes, I believe (and hope) that I have a good amount of proof showing I will return. Especially considering I’ve seen people with much less ties be granted entry so fingers crossed there. Any recommendations on how long of a trip I should be showing? Given the esta is valid for 90 days I’ve heard most saying to not do the full time.

 

In regards to the first part of your message, what I meant was those that have already married, are in the process of/have filed a CR1 with the intent to go home and do consular processing, then switch to AOS whilst they’re in the US for whatever reason. This is obviously legal somehow because I’ve seen people on this site do it, but I’m wondering if it just became really tricky switching routes. 

Im not entirely sure about switching to AOS if you were already in the USA… I assume USCIS would detect the I130/I130a when the adjustment documents are submitted. For how long you stay there… I personally would not make it a long trip. A day 90 trip would most likely raise suspicion, so I recommend keeping it 2-3 weeks max! And you’re welcome, happy to help 😁

[Boiler 45,449]

What do you do? Most people are limited by the amount of holiday they have.

[demijonas 1]

5 hours ago, Boiler said:

What do you do? Most people are limited by the amount of holiday they have.

I own and run a successful clothing brand in the UK, it is a LTD business so I’m fortunate enough to be able to have a lot of time freedom. While I’m away I have people to help keep the business running which is why I’m able to essentially not limited to any holiday/leave. 

[BLC 112]

My husband is a UK citizen, I am US citizen, and we have our ir1 petition in process (we are toward the end of the USCIS stage). He has visited 2x on his ESTA since and has had no issues thus far (he’s set to visit again tmrw). He has also renewed his ESTA during this processing time with no issue.  He visits for one month at a time and CBP has not since even asked him about the visa petition or to see any proof of ties to the UK (he brings them each time, just in case, though) —they just asked him the same one or two normal questions like “why are you coming to the US” “how long is your visit”. He’s traveled through CBP at JFK airport and preclearance in Dublin. Hopefully I can report back with the same good news after he travels tomorrow. 

[demijonas 1]

Just now, BLC said:

My husband is a UK citizen, I am US citizen, and we have our ir1 petition in process (we are toward the end of the USCIS stage). He has visited 2x on his ESTA since and has had no issues thus far (he’s set to visit again tmrw). He has also renewed his ESTA during this processing time with no issue.  He visits for one month at a time and CBP has not since even asked him about the visa petition or to see any proof of ties to the UK (he brings them each time, just in case, though) —they just asked him the same one or two normal questions like “why are you coming to the US” “how long is your visit”. He’s traveled through CBP at JFK airport and preclearance in Dublin. Hopefully I can report back with the same good news after he travels tomorrow. 

Wow, this is great to hear! Just out of curiosity, how long has it been since you filed and how long did he stay back home in the UK between his visits? I'm seeing the rule of thumb is twice as much time outside of the US as you spent in. I'm in London and have heard good things about the pre-clearance at Dublin, so I am really considering flying there first and then over to LA. I feel slightly more confident that I'll be fine getting in either way now, but just to give me peace of mind, Dublin is a lot closer to London than LA is if I were  to get turned away for whatever absurd reason.

[Bill Oxner 18]

9 hours ago, demijonas said:

Yes I'm aware of this. I was just making note of the fact that I've recently come across some people doing this, when their original intent was to go and just visit as normal and go home to finish the process but for whatever reason, they have switched to AOS. I know intent is determined at the borders by an officer so just wasn't sure if switching was even allowed at all.

It's allowed, I just read some guys post and his wife from Philippines just got to USA on a Tourist Visa and they are now planning on just having her stay and adjust status.  He was planning on going back to Philippines with her soon, but I advised him to wait for a while since he as having surgery in USA soon.

 

I wasn't aware that was allowed but is a really nice option 

[demijonas 1]

Just now, Bill Oxner said:

It's allowed, I just read some guys post and his wife from Philippines just got to USA on a Tourist Visa and they are now planning on just having her stay and adjust status.  He was planning on going back to Philippines with her soon, but I advised him to wait for a while since he as having surgery in USA soon.

 

I wasn't aware that was allowed but is a really nice option 

Funnily enough, this was my husbands parents route in as his mum is Filipino and Dad a USC. However, this was back in the 80's and I'm aware a lot has changed, ha. I wonder how long she was in the US for on her current tourist visa. It's definitely something I'm seeing on a lot of forums, wasn't aware it was something even allowed but yes, a really nice option like you mention.

[Bill Oxner 18]

1 hour ago, demijonas said:

Funnily enough, this was my husbands parents route in as his mum is Filipino and Dad a USC. However, this was back in the 80's and I'm aware a lot has changed, ha. I wonder how long she was in the US for on her current tourist visa. It's definitely something I'm seeing on a lot of forums, wasn't aware it was something even allowed but yes, a really nice option like you mention.

OP said his wife just got here he posted on March 11th , and  she was planning on leaving in September, So I guess she got standard 6 months stay.

[demijonas 1]

Just now, Bill Oxner said:

OP said his wife just got here he posted on March 11th , and  she was planning on leaving in September, So I guess she got standard 6 months stay.

Wow! Now that's the first I've seen of a 6 month visa even being granted to a foreign spouse of a US Citizen. I had a B2 tourist visa appointment booked for next month but was told by so many commenters to cancel the appointment as it's not worth the risk. If they deny me the visa at the appointment, my ESTA is also automatically revoked and lord knows how me and my spouse would survive being completely separated that way. That would be hellish.

[Bill Oxner 18]

1 hour ago, demijonas said:

Wow! Now that's the first I've seen of a 6 month visa even being granted to a foreign spouse of a US Citizen. I had a B2 tourist visa appointment booked for next month but was told by so many commenters to cancel the appointment as it's not worth the risk. If they deny me the visa at the appointment, my ESTA is also automatically revoked and lord knows how me and my spouse would survive being completely separated that way. That would be hellish.

Agreed, And being from the Philippines,  I was shocked she got approved, and also shocked she wasn't offloaded by Philippines immigration since they tend to not let younger females leave the country alone unless accompanied by a husband, unless they have K1 visa or work visa. Usually tourist visas get screened pretty hard and removed from the flight.