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Can spouse with pending I-130 enter US with rest of family?

I recently received a very short notice for job relocation to the US and have been able to file directly with the local consulate for my spouse's I-130 (unter exceptional circumstances). We also have an appointment for our children's CRBA about 2 weeks prior to departure from our current country. We have been married for 11 years, my wife previously had a green card (lived and worked in th US for 3 years), but we've lived abroad now for 9 years.

I have planned for all of us to fly back to the US together (a month from now), with the expectation that the I-130 petition will still be processing.

Would it be fine for my wife to travel with us to the US under an ESTA as long as we show proof she will return? What sort of evidence is required? She will maintain bank accounts, registration in the city where we now live, and has an employment contract until Oct 2021. The plan is for my wife to help me get things settled in the US during the ESTA period (90 days) and return to the home country to complete the immigration process. We hope things will be faster given we have done Direct Consular Filing.

submitted by /u/datavizspare
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