Received IL but have a trip to the US planned shortly after without our daughter, will this spoil the entry process?

[Kw1097 23]

Just received our IL for Sep 20th. Myself and my husband already have an anniversary trip booked 10 days later and are not taking our daughter who is included in our petition. Can we still enter the US on a ESTA visa just as a tourist and then enter again later all together as a family later to activate the visa or will this not work? 

[Mike E 11,739]

2 hours ago, Kw1097 said:

Can we still enter the US on a ESTA

I believe it is legally possible. Practically, CBP might say no. What would you do then? Refuse to enter the U.S. on your EB-2s or enter on your EB-2s?

 

Whereas, https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html#requireddocs says:

 

When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

USCIS

 

Thus the principal and spouse derivative can enter first on EB-2, do the anniversary celebration (and stop at SSA to order SS cards, and the DMV too).  The other derivative can enter later.
 

Another consideration is if the principal EB-2 enters on ESTA and takes ill, the derivatives cannot enter on their own immigration visas.

 

i see  no  practical reason to do what you are planning.

[Kw1097 23]

1 hour ago, Mike E said:

I believe it is legally possible. Practically, CBP might say no. What would you do then? Refuse to enter the U.S. on your EB-2s or enter on your EB-2s?

 

Whereas, https://travel.state.gov/content/travel/en/us-visas/immigrate/employment-based-immigrant-visas.html#requireddocs says:

 

When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas. 

USCIS

 

Thus the principal and spouse derivative can enter first on EB-2, do the anniversary celebration (and stop at SSA to order SS cards, and the DMV too).  The other derivative can enter later.
 

Another consideration is if the principal EB-2 enters on ESTA and takes ill, the derivatives cannot enter on their own immigration visas.

 

i see  no  practical reason to do what you are planning.

Thanks for your reply. No I agree there isn't a practical reason why this is our plan, its just worked out this way that our IL has come so close to a trip we've had planned for a long time and would now unfortunately loose every penny for if we cancelled. Just trying to work out the best solution. 

[Chancy 6,241]

*** Moved from US Embassy & Consulate Discussion to Work Visas forum -- topic is about impact of tourist visit on work visa process ***

 

[Ontarkie 14,221]

Enter on the EB2 take your planned vacation, return home and when ready come back with your daughter.