Visiting my USC husband on an ESTA whilst CR1 is processing

[demijonas 1]

1 minute ago, Jorgedig said:

The USCIS process (petition approval) is only the first step.   The approved petition goes to the NVC, and the petitioner must upload requested documents.   Once documentarily approved,  it is dispatched to the consulate.   Entire process takes 18-24 months.

 

Is this the first you are investigating the visa process?

Thank you for the info! An immigration lawyer we spoke to said most cases he works on at the moment have been taking around 8 months to a year for green card in hand and I had seen a lot of posts recently with similar timelines so now this worries me. Almost two years going back and forth was not what we were expecting.

 

Not the first time, at all. But I have consumed SO much information over the last two weeks since I got married from various sites, forums and threads that everything is starting to jumble itself up and my brain is flooded with different form names and abbreviations so I am just simply asking for a bit of help to better understand everything. Everyone was at the beginning stages at one point and needed a helping hand I guess. 

[demijonas 1]

15 minutes ago, Boiler said:

As far as the VWP is concerned

 

Avoid long trips

 

Stay our for twice as long as you were in

 

You should be ok, last thing you want is a trip to Secondary

 

Thanks for the info, I have seen all of the above on various sites so have taken this well into consideration. Thanks again!

[Boiler 45,449]

2 minutes ago, demijonas said:

Thank you for the info! An immigration lawyer we spoke to said most cases he works on at the moment have been taking around 8 months to a year for green card in hand and I had seen a lot of posts recently with similar timelines so now this worries me. Almost two years going back and forth was not what we were expecting.

 

Not the first time, at all. But I have consumed SO much information over the last two weeks since I got married from various sites, forums and threads that everything is starting to jumble itself up and my brain is flooded with different form names and abbreviations so I am just simply asking for a bit of help to better understand everything. Everyone was at the beginning stages at one point and needed a helping hand I guess. 

Where are you seeing cases taking so little time, 8 months?

[demijonas 1]

Just now, Boiler said:

Where are you seeing cases taking so little time, 8 months?

Reddit mostly. A lot of people share their screenshots from the app Lawfully and it seems to be getting quicker at the moment which most people are saying. Also as I mentioned, the immigration lawyer we spoke to also said 8 months to a year, 15 months at a push he had seen personally.

[Sammy_2496 116]

2 minutes ago, demijonas said:

Reddit mostly. A lot of people share their screenshots from the app Lawfully and it seems to be getting quicker at the moment which most people are saying. Also as I mentioned, the immigration lawyer we spoke to also said 8 months to a year, 15 months at a push he had seen personally.

It can vary from case to case. But generally the entire process will take 12-24 months.

[Redro 4,611]

45 minutes ago, demijonas said:

Odd but appreciate your comment. My whole (quite lengthy) post was asking for advice on entering to the US on my ESTA and how many times I can come and go. I was also asking for any other people in a similar situation so I can see some real life examples and hopefully some put my mind at ease. To be quite honest, I was asking because it seems as though a cop out for people switching to AOS and getting away with it and some of the threads kind of made me a bit jealous/pissed while a lot of people are waiting excruciatingly long times to be reunited, which is exactly what will happen to me and my spouse depending on however long USCIS decide to take with our petition. I'm married to an Active Duty USC in the Marine Corps and you can literally be given dishonourable discharge for this so I can assure you, we are doing things the correct and LEGAL way. 

@demijonas I don't think you will be satisfied with the anecdotal replies you receive here.

To be honest, filing an I-130 and traveling on ESTA or traveling on ESTA (or a B2) when you are married to a US citizen can carry the same amount of risk because when you enter the officer might suspect you are trying to 1.) Adjust Status or 2.) Live in the US without applying for the correct documentation (residency).

When I activated my Immigrant Visa the officer processing me assumed I had gone to secondary EVERY.SINGLE.TIME I entered on my B2 (and I never traveled to the US after my husband petitioned me). 

You probably won't be satisfied with the answers you receive because no one is in your exact situation (from the same country, job that allows you to travel frequently, encountering the same CBP officer at the same airport who either questions your frequent trips or waves you through without incident). 

You are well aware you could be denied entry. I'm sure you're aware you can also be denied entry and given a ban (and not allowed to travel until you receive the immigrant visa). 

It sounds like you have all the information you require... how you choose to act going forward is up to you. 

 

But, in your shoes I would behave as if travel to the US was a luxury (1-2 weeks at a time) once or twice a year. 

Most people can't afford to travel back and forth frequently. And if you have the option of considering multiple trips in one year. You are probably planning to visit the US too often which could raise flags and get you into hot water. 

Edited March 19, 2023 by ROK2USA

[Boiler 45,449]

4 minutes ago, demijonas said:

Reddit mostly. A lot of people share their screenshots from the app Lawfully and it seems to be getting quicker at the moment which most people are saying. Also as I mentioned, the immigration lawyer we spoke to also said 8 months to a year, 15 months at a push he had seen personally.

 

I just had a look and certainly did not look that hard, this recent post which has lots of replies is saying the same thing as you get here.

[demijonas 1]

7 minutes ago, Boiler said:

 

I just had a look and certainly did not look that hard, this recent post which has lots of replies is saying the same thing as you get here.

I can't quite tell if you're sending me this to tell me I'm wrong, make a snide remark or be helpful. Either way, I would appreciate any helpful comments or nothing at all.

Edited March 19, 2023 by demijonas
typo

[Boiler 45,449]

You stated a timeline that has not been seen in many many years.

 

Lots of people patiently waiting would be delighted if processing times had been halved.

 

The thing that would concern me most is if you are using a lawyer who says his clients are getting their immigrant visa in 8 to 12 months, when I have seen nobody else achieve this. Well apart from DCF and some expedited cases. Certainly not regular cases.

 

I would be delighted if the norm was less than a year.

[Lil bear 4,181]

5 minutes ago, demijonas said:

I can't quite tell if you're sending me this to tell me I'm wrong, make a snide remark or be helpful. Either way, I would appreciate any helpful comments or nothing at all.

Boiler is wanting you to realize that what was approved in 12 months was the first step only .. approval of the underlying I 130 petition….not the whole process 

[Ryan H 3,812]

***Enough proper answers have been provided to the OP's original question; per the below quoted provision of the TOS, this thread is now closed to additional discussion and is not to be restarted or referenced in future discussions.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.