Can I Travel to the USA with a Pending I-130 Petition?

[TiffAndMike 73]

My husband travels on a ESTA to visit me while our I-130 is pending.  We just renewed his ESTA a few months ago as well. No issues. 

 

To be safe, make sure your plane ticket is round trip and bring supporting documents (lease, employer statement, ect) to prove your ongoing ties to your home country. 

[WoodlandsFamily 15]

19 minutes ago, Cookie88 said:

Just saw your PD! I've seen approvals up until 3rd October 2023. You should be hearing something within the next two weeks. Probably only a few more months left in the process. Good luck!

I hope so 🙏 thank you 😊 

17 minutes ago, TiffAndMike said:

My husband travels on a ESTA to visit me while our I-130 is pending.  We just renewed his ESTA a few months ago as well. No issues. 

 

To be safe, make sure your plane ticket is round trip and bring supporting documents (lease, employer statement, ect) to prove your ongoing ties to your home country. 

Thank you 😊 

[S2N 4]

On 1/25/2025 at 8:57 AM, Boiler said:

No different to any other entry, I always said visiting GF

Now that could be an issue, well I suppose it is unlikely they would know but….

Allowed under VWP and B-1 visas. OP could even be paid for the speech. Applicable rule is the 9/5/6 rule — no more than 9 day visit and no more than 5 total payments in 6 months.

 

Bigger potential issue if they don’t have an ESTA already is question 6 on the ESTA questionnaire given the O-1 sponsorship: whether they’re seeking employment. I’ve always read that question as including people awaiting work visas, but I guess you could read it as “are you journeying here for the purpose of working this trip?” Never applied to anyone I’ve known.

Edited 12 hours ago by S2N

[Boiler 46,059]

29 minutes ago, S2N said:

Allowed under VWP and B-1 visas. OP could even be paid for the speech. Applicable rule is the 9/5/6 rule — no more than 9 day visit and no more than 5 total payments in 6 months.

 

This one is new to me and hands up I certainly have not come across everything, how do you deal with Taxes?

[Rocio0010 5,633]

56 minutes ago, S2N said:

Applicable rule is the 9/5/6 rule — no more than 9 day visit and no more than 5 total payments in 6 months.

Where is that rule stated?

[S2N 4]

1 hour ago, Rocio0010 said:

Where is that rule stated?

INA 212 (q):

 

q) Academic honoraria

Any alien admitted under section 1101(a)(15)(B) of this title may accept an honorarium payment and associated incidental expenses for a usual academic activity or activities (lasting not longer than 9 days at any single institution), as defined by the Attorney General in consultation with the Secretary of Education, if such payment is offered by an institution or organization described in subsection (p)(1) and is made for services conducted for the benefit of that institution or entity and if the alien has not accepted such payment or expenses from more than 5 institutions or organizations in the previous 6-month period.

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim

 

My assumption given it was expenses only and there’s an O-1 visa pending is that it was related to a conference sponsored by an academic, not-for-profit or governmental body (most have some connection to one of those.)

 

Congress permitted this in 1998 because it’d be next to impossible for universities to be competitive if every VWP-eligible professor or researcher  had to petition for a work visa to present at a conference and get expenses and speaking fees covered. You can Google 9/5/6 rule and a ton of university finance office pages will give a more detailed description of the specifics.

 

2 hours ago, Boiler said:

 

This one is new to me and hands up I certainly have not come across everything, how do you deal with Taxes?

If there’s filing requirement they’d have to get an ITIN and file. Never applied to me personally so not familiar with that side of it.

Edited 9 hours ago by S2N