Jack_PK

Afternoon all.

I have been lurking on the forum for a few months now, and have spent some time looking back through the threads to find my answers, but no luck so far. Apologies if they are common questions

Background

Me (UKC) and my husband (USC) are both living in the UK but have been preparing for a move to the US in the next year or so, we've been building together some savings and we are getting ready to begin the process.

We have been married for almost two years (February 2017) and ideally we wanted to begin the process once we'd been married for two years so that we didn't need to adjust the US visa if it was approved. However with the increase in fees coming in at the end of December it would be daft to not do it earlier if possible.

We were planning on filling the I-130 petition (I believe that is correct name) in the New Year but we have the scope to do it earlier.

My concern is that we are spending Christmas in the States and I will be travelling on the ESTA visa waiver.

1) Would travelling on an ESTA with an active petition contradict any element of the visa waiver? We have return flights and a life waiting for us in the UK so we certainly wouldn't looking to 'overstay' - but still?

2) If we submit the I-130 before our two year anniversary would that mean we would still need to adjust any future visa? I realise that we would not get the visa before the anniversary, but I am still unsure over whether they recognise the milestone if you are already in the system?

3) Finally, (this may be a really daft question) as I will be travelling with my other half at Christmas to the States (via Ireland) what do we do at the border control point - do we present together or separately in our specific queues? Its the first time we've travelled abroad since being married and after being shouted at before by the UK Border Agency for mixing up the queues (before we were married) I've always been a little wary.

Thanks for any help, and again apologies if they the answers are obvious or the questions daft.

-J

Pulaski

1) Not a problem, entering on an ESTA is fine if you have a visa in progress.

2) The critical date is the date you enter the US on your visa. Even if you go through the application process expecting a CR-1, if you delay actual entry until after your second wedding aniversary you will (should be) admitted as an IR-1. In other words, as of today (December) you are too late, given how long it takes to get a visa, to be admitted on a CR-1 even if (for some bizarre reason) you wanted to.

3) Entry to the US is on a family group basis, so you should accompany your husband through the US citizens immigration line.

Jack_PK

Thank you for your reply!

I have no intention of overstaying my welcome, and I fear that my dog awaiting me in Kennels would be rather aggrieved if I didn't return.

Would it be advisable to take any evidence to show them that I am attached to my UK life for the time being? Tenancy agreements or the such?

I appreciate your help on the other matters too, and we have agreed to push forward with the I-130 this side of Christmas which is exciting!

Noorah101

Treat this visit like any other VWP visit.

Rene

Pulaski

You can if it makes you feel better, but there is little chance of it being useful. If you have a visa application in progress it should go someway to persuading the CBP officer that you know the rules and are following them. I don't see any reason for you to be concerned, like Noorak said, it is just like any other VWP visit.

Jack_PK

Thanks for the help guys, much appreciated!