Travelling on ESTA between DQ and interview

[team-joric 4]

Hi all, I've been looking for some reassurance going through this forum, but getting mixed messages. I'm the beneficiary of a CR1/IR1 application through consular processing. We're at the final stages... I'm documentarily qualified (DQ'd) and I've got my interview date at the London embassy on 31 March 2025.

 

However, back in December - thinking our I-130 would be taking a few more months, etc - I booked a 10-day short trip to the USA in February so I can celebrate my birthday with my husband. The trip would require me to enter the US on my ESTA. 

 

I had entered the USA previously while the I-130 was pending in 2023, but didn't travel at all in 2024. Now I'm entering the US on a new passport (under my married name). I am terrified that CBP will refuse me entry, citing that I have intent to immigrate. But I truly don't!

 

I have a long history of entering and exiting the USA within a few weeks (on my old passport), I still have my job and my car and my dog in the UK. I am living with family so no outgoings there. But obviously I do have an immigrant visa interview to attend which I am sure will go smoothly!

 

Can anyone offer me any reassurance that this trip will go smoothly, or is it really a waste of a 12-hour flight and 11 days of annual leave? Anyone have any advice for what to say at the border? Thank you all kindly.

[Dashinka 24,792]

As you know each entry on a B2/ESTA is at the discretion of CBP, but if you have a history of playing by the rules, don't show up with all your worldly possessions, have proof of your need to return in 10 days, and answer the CBP officer's questions truthfully, you should not have any issues. 

 

If you are worried about wasting a lot of time, maybe consider going through Ireland at a CBP pre-clearance airport.  

 

Good Luck!

Edited Tuesday at 11:23 AM by Dashinka

[Crazy Cat 42,293]

3 hours ago, team-joric said:

Hi all, I've been looking for some reassurance going through this forum, but getting mixed messages. I'm the beneficiary of a CR1/IR1 application through consular processing. We're at the final stages... I'm documentarily qualified (DQ'd) and I've got my interview date at the London embassy on 31 March 2025.

 

However, back in December - thinking our I-130 would be taking a few more months, etc - I booked a 10-day short trip to the USA in February so I can celebrate my birthday with my husband. The trip would require me to enter the US on my ESTA. 

 

I had entered the USA previously while the I-130 was pending in 2023, but didn't travel at all in 2024. Now I'm entering the US on a new passport (under my married name). I am terrified that CBP will refuse me entry, citing that I have intent to immigrate. But I truly don't!

 

I have a long history of entering and exiting the USA within a few weeks (on my old passport), I still have my job and my car and my dog in the UK. I am living with family so no outgoings there. But obviously I do have an immigrant visa interview to attend which I am sure will go smoothly!

 

Can anyone offer me any reassurance that this trip will go smoothly, or is it really a waste of a 12-hour flight and 11 days of annual leave? Anyone have any advice for what to say at the border? Thank you all kindly.

@Dashinka hit the nail on the head.  Be prepared to show CBP your interview letter.  IMHO, no person in their right mind would come to the US to adjust status if they already had a visa interview set.  I believe CBP is smart enough to realize that, too.  

Edited Tuesday at 02:03 PM by Crazy Cat