CR-1 in process, wife visiting from Chile on ESTA

[mglev 0]

Hi Everyone,

 

My wife and I got married back in September 2024 in the United States when she last visited from her home country of Chile, and she was here for about two weeks.  This time around, she booked a round trip flight for nearly a month and is arriving next week.  She had no problems getting into the country the last time around, and we had a lot of paperwork to show the customs agent just in case there were any issues (they weren't necessary, thankfully), but this time around there are a couple of different factors and I wanted to get the opinion of others if there is anything else we can do to be prepared for when she arrives and goes through customs.  We submitted our I-130 and are at the NOA1 stage since October, so I know this might suggest more intent for someone to want to stay in the country instead of return home.  She has ties to her home country, such as her lease contract agreement for her apartment, but she no longer is working right now so we cannot show that she has a job to come back to in Chile as we did last time, which I know is a strong tie.  She also has the return ticket home, and will have a copy of our marriage certificate, and I intend to write a letter explaining our situation and that she intends to go back home, as I saw someone else on a different thread had recommended.  The only other difference is she is flying into Atlanta for the first leg of the trip, whereas last time she flew from Chile to Bogota, and then from Bogota directly to Dulles.  I have heard Atlanta customs can give a little more of a hard time as well.  If anyone has any thoughts or feedback for our plan and what we should anticipate, I would appreciate it!

[Dashinka 24,848]

Each entry can be an adventure depending on the CBP officer she encounters.  All she can do is answer the officer's questions truthfully, she is not required to offer anything additional.  If asked to provide more evidence she will return, she should share what she has, and more importantly, don't show up at the PoE with all her worldly possessions indicating she does not plan to return to Chile.  Many spouses visit on B2/ESTA while the I130 is pending, the general rule-of-thumb is shorter visits (i.e. don't max out the 90 days or six months, etc.), and show a pattern of adhering to the entry and exit requirements.

 

Good Luck!

[S2N 15]

Can’t give advice about Atlanta, but tell her not to listen to what the Chilean news says about ESTA if she ever brings it up. Fretting about the U.S. removing Chile from the VWP and denying Chileans entry is a regular occurrence on the news down there.

 

Current trend is stories about Chileans who have visited Cuba being denied entry in local papers. I had to talk my husband down from applying for a B visa because of it (he’s never visited Cuba, and he’d be denied B visa because of I-130 and he has a valid ESTA.)