Wife (Italian citizen) visiting on ESTA while I-130 is pending — any recent experiences or risks?

[E-C 0]

Hi everyone,

I know similar questions have been asked before, but I’m hoping to hear from anyone with recent experience given the current climate.

 

My wife is an Italian citizen living in Italy. We submitted the I-130 petition in October 2024, and it’s still pending. She’s planning to visit me in the U.S. soon using her ESTA. She has strong ties to Italy — a full-time job, an active mortgage, a return flight booked, and no intention of staying in the U.S. permanently during this visit.

 

We’re aware that having a pending I-130 can raise flags at the port of entry, so we’re trying to be cautious. She does have the ability to work remotely, though again, her job is based in Italy and she fully plans to return home after the visit. 

 

My question is:

Should we be worried about the ESTA entry given the pending petition? Has anyone gone through this recently? And if she’s asked whether she can work remotely, should we be concerned about how that might be interpreted?

 

For her, this visit is purely a vacation—there are no plans or expectations from her employer for her to work remotely while in the U.S. She typically travels with her work computer, and in the past, she’s entered with it without any issues or second thoughts.

 

I’m prompted to ask now because of the heightened focus on immigration enforcement in the news. It’s easy to start overthinking things. I recently came across a post about someone bringing a work laptop into the U.S., and although their situation was quite different from ours, it reminded me that there may be considerations we haven’t thought through yet.

 

Thanks in advance for any advice or stories you’re willing to share.

[smilingstone 271]

It's always a risk but a sling as she arrives with plenty of evidence to prove her ties to home country, it shouldn't be a problem. 

 

Also important to note, has she visited previously? If so, for how long for each trip? Has she spent any amount of time in the US that may make CBP think that she is trying to live here and subvert the visa process? General rule is to spend twice the amount of time outside the US, compared to within. 

 

I visited with my K1 pending, it was en route to the embassy. I did what I advised above, took employment contract, letter from employer, rental contract, bank statements, etc. They didn't ask for any of it and I got through, but if they did and I didn't have it, it may have been a different story. I didn't want to risk it. 

[OldUser 8,788]

44 minutes ago, E-C said:

She does have the ability to work remotely, though again, her job is based in Italy and she fully plans to return home after the visit. 

 

 

Important note: ESTA does not allow her to work remotely from USA, even for an Italian company. If officer at border finds out she's planning to work, he can deny entry and revoke her visa.

Any unauthorized work will always have to be disclosed to USCIS during immigration process.

Edited April 15 by OldUser

[OldUser 8,788]

36 minutes ago, E-C said:

She typically travels with her work computer, and in the past, she’s entered with it without any issues or second thoughts.

 

 

I would strongly suggest not bringing any work laptops when she's visiting as a tourist.

 

CBP can ask to unlock any devices, phones and laptops, and inspect contents.

 

If they ask to show laptop and she has work files / emails / company logos etc, she's 99% going to be denied entry. Nobody is going to believe she's bringing work laptop, but she's not going to be engaged in unauthorized remote work.

[E-C 0]

Thanks for the reply. And for the proof showing ties to Italy, does it matter how it is presented? Printed vs digital, in Italian vs English? 
 

We see each other every 3-4 months taking turns traveling, I go to Italy then she comes to the states.

In 2023-2024 her travel here:

Aug 2023, 10 days
Mid Dec - Early Jan, around three weeks

Aug 1st - Aug 24th 2024

 

Upcoming 2025

Apr 16 - May 8

[OldUser 8,788]

Just now, E-C said:

Thanks for the reply. And for the proof showing ties to Italy, does it matter how it is presented? Printed vs digital, in Italian vs English? 
 

We see each other every 3-4 months taking turns traveling, I go to Italy then she comes to the states.

In 2023-2024 her travel here:

Aug 2023, 10 days
Mid Dec - Early Jan, around three weeks

Aug 1st - Aug 24th 2024

 

Upcoming 2025

Apr 16 - May 8

Of course, English, as not many CBP would understand Italian.

 

Of course printed, as you don't want CBP to inspect digital devices.

[Boiler 46,757]

I remember coming in through Newark, no rush a long wait for my connection so I was one of the last through, an Air Italia flight arrived so I got caught up with them, exactly what you would expect, sharp elbows, forget the line and very noisy.

[TBoneTX 46,823]

Thread is moved from the "Emigrating Outside the US" forum to the CR-1 Process forum.

[S2N 80]

1 hour ago, OldUser said:

Of course, English, as not many CBP would understand Italian.

 

Of course printed, as you don't want CBP to inspect digital devices.

Worth noting that if it’s actually necessary (probably won’t be) they deputize flight attendants to translate and if that doesn’t work have access to a 24/7 translation line.

 

Obviously English is preferred, but it’s also not really feasible to get a lot of these documents in English in my experience (but each CBP post will have at least one Spanish speaker on duty, so also not really an issue in our case.)

[OldUser 8,788]

34 minutes ago, S2N said:

Worth noting that if it’s actually necessary (probably won’t be) they deputize flight attendants to translate and if that doesn’t work have access to a 24/7 translation line.

 

Obviously English is preferred, but it’s also not really feasible to get a lot of these documents in English in my experience (but each CBP post will have at least one Spanish speaker on duty, so also not really an issue in our case.)

I'd rather have everything ready VS getting help up by CBP waiting for translators. Also, where there is language barrier, there may be misunderstandings. But of course, can't get everything translated reasonably.

Edited April 15 by OldUser

[E-C 0]

1 hour ago, S2N said:

Worth noting that if it’s actually necessary (probably won’t be) they deputize flight attendants to translate and if that doesn’t work have access to a 24/7 translation line.

Any recommendations for a 24/7 translation line? 

[Boiler 46,757]

Ask the PoE which one they use?

[S2N 80]

2 hours ago, E-C said:

Any recommendations for a 24/7 translation line? 

It’s a government resource that they only call if they have translation issues and they need an answer to a question: it’s better for you if they don’t use it because it means they don’t have questions or were able to get what they need without it. My point was if they really need a document translated to make an admission decision, they have the resources.

 

3 hours ago, OldUser said:

I'd rather have everything ready VS getting help up by CBP waiting for translators. Also, where there is language barrier, there may be misunderstandings. But of course, can't get everything translated reasonably.

Agreed, but I also wouldn’t pay to have a lease of a foreign apartment translated into English (or do it myself since it’d be a pain) on the unlikely event CBP wants to see it.

 

Its obviously better to have items in English when possible, but wanted to clarify that if needed, they have resources to translate things that can only reasonably be in Italian. Up to OP/his wife what their risk tolerance is on the odds of needing an Italian rental contract in English to enter the country.

Edited April 15 by S2N