Q: I came to us last year through esta i married my us citizen girlfriend then left the us.Can i comeback for another visit
I came to us through esta i married my us citizen girlfriend then left the US. 6 months later we decided to file i130. Can i comeback for another visit without any intention to stay?
A: If you entered the U.S. through the Visa Waiver Program (ESTA) and then married a U.S. citizen, returning to the U.S. for another visit could raise concerns with U.S. Customs and Border Protection (CBP). Even if you have no intention of staying, the act of marrying a U.S. citizen might give the impression that you have immigrant intentions. While you're awaiting the adjudication of the I-130 petition, returning as a visitor might lead the CBP to believe you're attempting to shortcut the immigration process. Although it's not strictly prohibited to visit while an I-130 is pending, the burden will be on you to prove that you have no intention of staying permanently. It's crucial to be prepared with evidence that demonstrates ties to your home country, such as a job, property, or family. You should also carry a copy of the I-130 receipt. Even with these precautions, there's no guarantee of admission.
A: If you entered the U.S. through the Visa Waiver Program (ESTA) and then married a U.S. citizen, it can raise concerns about your intentions when seeking to re-enter the U.S., even if you left afterward. Having an I-130 petition filed indicates an intent to immigrate in the future. If you attempt to return for a visit, U.S. Customs and Border Protection (CBP) may suspect you have an intent to immigrate on this trip, which is not allowed under ESTA. While it's technically possible to visit while an I-130 is pending, it's at the discretion of CBP to admit you. To increase your chances, carry evidence proving your intent to return to your home country after your visit. Lastly, consulting with an immigration attorney before traveling can provide specific guidance tailored to your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.