Travelling to US on British Passport With I-130 in Process

[Cookie88 74]

Does anyone have any first-hand experience or know of any experiences of a person with a British Passport (so don't need a visa, just need to fill in an ESTA online) travelling to the US while an I-130 is under process? 

 

We've applied for myself and 2 kids and wanted to be able to travel back and forth during school vaction times so that my husband and I can meet as often as possible during this lengthy process.

 

I was told by the lawyer that it would be under the discretion of the immigration officer to let us in or not, which is understandable. I'm just wondering if anyone knows of experiences with our situation where they've been let in/denied entry? 

[Lil bear 4,118]

9 minutes ago, Cookie88 said:

Does anyone have any first-hand experience or know of any experiences of a person with a British Passport (so don't need a visa, just need to fill in an ESTA online) travelling to the US while an I-130 is under process? 

 

We've applied for myself and 2 kids and wanted to be able to travel back and forth during school vaction times so that my husband and I can meet as often as possible during this lengthy process.

 

I was told by the lawyer that it would be under the discretion of the immigration officer to let us in or not, which is understandable. I'm just wondering if anyone knows of experiences with our situation where they've been let in/denied entry? 

Entry is always at the discretion if the CBP officer at point of entry   Refusal

of entry may happennif the officer believes you are more likely to stay and adjust status rather than return home and complete the process. Carrying documents which demonstrate your strong ties to

the UK are helpful. Short not too frequent trips are recommended. Many spouses successfully enter during the immigration process using their ESTA or visitor visa. Some are denied 

[Boiler 45,153]

We have mega threads on this, should be fine if you keep it to normal visits and do not try and live in the US on the VWP.

[Cookie88 74]

Thank you! Definitely no plans to live there until we have processed everything and get the green card approval. We'll only be able to travel during school holidays too. So visits will be short and maximum twice a year at best.

 

 

[BLC 112]

We have never had any issues during the process. My husband has visited at least 5 times during the process and never even got asked a question about it, just the usual. Before we started the 130 process, he did visit me in the US about 4 times, so had a short history of US travel. 
 

He has come through both JFK and preclearance at Dublin. 
 

If you check some of my comments, I have gone into details of our experience in one of the mega threads.

 

edit: I just wanted to add, even though he never got questioned, he always does bring some things with him to show proof of ties to the UK. So something like your kids school reg, lease, letter from work, paystub, etc. would be great to bring along. 

Edited August 19, 2023 by BLC
Additional info

[Cookie88 74]

I have not visited the US any time recently. I've been twice in the past and that was back in 2009 and 2012. But I'll definitely keep documents on me in case I am questioned.