Hi everybody :)
My husband (26, who is a USC) an I (24, Danish) filed for i-130 back in July 2022. We have been married since November 1st 2021.
Last time I was in the US was from July to September 2022. I am currently planning a trip to see my husband in the US in March, because it will be one year since his father passed away, and my husband and his family are having a small memorial. I am only planning on staying for about 2 weeks, because I’m worried the customs officer will be suspicious if I stay for longer, while my i-130 is pending.
I didn’t really think it would be a problem to enter the US when it’s only for a short period of time and I do have a good reason to go, but now after doing some research, it looks like you need a LOT of ties to your home country, otherwise you can get denied entry.
The problem is, that I basically have no strong ties to Denmark. I’m currently unemployed, staying with my parents so I own no property etc… Another thing is, I’ve previously gotten two extensions on my ESTA while visiting the US back in the beginning of covid. (First time was because my flights kept getting cancelled when I tried to go back home to Denmark, second time I got really sick and was unable to board my flight and leave the US. I have proof of both, and will bring them, if I go to the US.)
I’m afraid that the extensions will also be a problem when I try to enter the US…
Of course I will leave the US after my short stay, and would never try to commit visa fraud. But I am afraid that it looks like I would, with my i-130 pending and no strong ties to Denmark.
So my question is: Do you think I’ll be able to enter the US? If I only stay for about 2 weeks and of course bring my return ticket? Or would it be too risky/is the chance that I’ll get denied too big?
I know that it’s completely up to the border control officer to decide, so none of you can tell me exactly what will happen- but what is your guys experiences with traveling on ESTA while waiting for a visa, with no strong ties to your home country? And is a memorial a good enough reason to go? I so badly want to be there for my husband during this time.
I’m also planning on going to the US in May, for my sister in law’s wedding. If I do end up going in March, will it then be harder to enter again in May, even if that is also just for a short stay?
Thanks!!