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Can I safely visit the US on ESTA?

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  • Can I safely visit the US on ESTA?

    I divorced my American wife and I live in another country. About 5 years ago, I married my ex wife who is an American citizen in the US. We sent our i-130 application while she was living in the US and I was in my country because I didn't want to be an illegal immigrant and I left the US before 90 days were passed. Then they denied our first i-130 application because they asked us to show them a joint bank account in a week but we couldn't do it because we were in different countries.


    So I asked her to come to my country and we lived together here for a couple of years and then our i-130 was APPROVED at the US embassy here this time when we re-submitted it. But after the i-130 got approved, I decided to divorce her and GIVE UP my IR-1 visa application because she was getting very abusive and had threatened me with the IR-1 application when I didn't do or buy what she wanted. I couldn't handle it anymore. I worked hard and I really loved her but it felt like she was treating me like her slave or using me.


    So we get divorced and she left this country after just the i-130 got approved and the IR-1 application has been just abandoned for almost a year.


    So it has been a while but I feel like I want to TRAVEL to the US for vacation. I want to know if I can safely enter the US on ESTA after experiencing all these things. I have never over-stayed in the US or have a criminal record. It is just the i-130 that was rejected a few years ago but that was just a PETITION, not an actual visa. And that eventually got approved last year when I re-submitted with my ex.

    Technically, it looks like it is legal for me to travel to the US and there is no ban. But I heard that if you have ever applied for an immigration status, they will still assume that you will try to live in the US when you try to enter the US as a visitor status although that is not really what you want to do.

  • #2
    Originally posted by pujolshomerun View Post
    I divorced my American wife and I live in another country. About 5 years ago, I married my ex wife who is an American citizen in the US. We sent our i-130 application while she was living in the US and I was in my country because I didn't want to be an illegal immigrant and I left the US before 90 days were passed. Then they denied our first i-130 application because they asked us to show them a joint bank account in a week but we couldn't do it because we were in different countries.


    So I asked her to come to my country and we lived together here for a couple of years and then our i-130 was APPROVED at the US embassy here this time when we re-submitted it. But after the i-130 got approved, I decided to divorce her and GIVE UP my IR-1 visa application because she was getting very abusive and had threatened me with the IR-1 application when I didn't do or buy what she wanted. I couldn't handle it anymore. I worked hard and I really loved her but it felt like she was treating me like her slave or using me.


    So we get divorced and she left this country after just the i-130 got approved and the IR-1 application has been just abandoned for almost a year.


    So it has been a while but I feel like I want to TRAVEL to the US for vacation. I want to know if I can safely enter the US on ESTA after experiencing all these things. I have never over-stayed in the US or have a criminal record. It is just the i-130 that was rejected a few years ago but that was just a PETITION, not an actual visa. And that eventually got approved last year when I re-submitted with my ex.

    Technically, it looks like it is legal for me to travel to the US and there is no ban. But I heard that if you have ever applied for an immigration status, they will still assume that you will try to live in the US when you try to enter the US as a visitor status although that is not really what you want to do.
    Are you a citizen of a country that is on the ESTA/VWP approved list?
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

    Comment


    • #3
      Originally posted by krypton9591 View Post
      Are you a citizen of a country that is on the ESTA/VWP approved list?

      Yes, I am.

      Comment


      • #4
        Originally posted by krypton9591 View Post
        Are you a citizen of a country that is on the ESTA/VWP approved list?
        Yes, I am a citizen of a country that is on the ESTA/VWP approved list

        Comment


        • #5
          Originally posted by pujolshomerun View Post
          Yes, I am a citizen of a country that is on the ESTA/VWP approved list
          Travelling on ESTA/VWP is different than B2 visa. B2 visa has limitations - not ESTA. Go ahead.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          If my opinion helping you, then please do click "like" button below.

          Comment


          • #6
            Originally posted by Libra_14 View Post
            Travelling on ESTA/VWP is different than B2 visa. B2 visa has limitations - not ESTA. Go ahead.
            but i heard that they can deny your entry at the airport if you have applied for an immigration status before.

            Comment


            • #7
              Originally posted by pujolshomerun View Post
              but i heard that they can deny your entry at the airport if you have applied for an immigration status before.
              yes just like they could deny your entry with an approved B2 visa or never applying for either. even a USC could technically be denied entry because everything is at the disrection of the CBP officer. but you're good to go ahead an travel on ESTA regardless.
              This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

              -Krypton9591

              Comment


              • #8
                Originally posted by krypton9591 View Post
                yes just like they could deny your entry with an approved B2 visa or never applying for either. even a USC could technically be denied entry because everything is at the disrection of the CBP officer. but you're good to go ahead an travel on ESTA regardless.
                Just to add to what Krypton9591 said. Your immigration petition was denied, you are not BANNED to visit USA. You might be asked few questions at POE - be ready for that with supporting documents.

                And ... go ahead.
                - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                If my opinion helping you, then please do click "like" button below.

                Comment

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