Seeking advice on I-130 Case

[cklaus10 0]

The story...

Wife entered U.S. via VWP in 7/2010. Married 10/2010. Filed I-130/I485 concurrently. During the process we had some marital issues and my wife decided to return home without AP in 12/2010. We knew the implications of abandonment. Final interview scheduled 03/2011.

Due to some poor advice from the 1-800 number, I did not show up for the interview and wrote a letter before it instead stating we would not attend and would like to withdraw the I-485 but continue with the I-130. I should have just went to the interview.

Our I-130/I-485 were denied due to abandonment 03.2011. We have decided to try again and I have since re-applied for my I-130 which was accepted and is under initial review and when approved my wife will apply for her conditional residence at the us embassy abroad.

My wife would like to visit in June while we are waiting for my petition to be approved.

Is this possible?

I checked and her ESTA approval from before is still approved and has not expired. However after looking over the application the application does have the following question...

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?

1. Can she use her old unexpired ESTA approval?

2. If no, does she answer "yes" to question F above since her I-485 was denied due to abandonment?

3. If yes, how does this affect her ESTA approval?

Thank you for your help!

[Penguin_ie 5,996]

***** Moving from CR-1 to Tourist Visa forum and removing duplicate ****

She cannot use the VWP anymore- an approved ESTA, especially if approved before such a big event as trying to AOS, does not guarantee entry into the USA. She could try for a B2 tourist visa but at this stage, with the previous AOS attempt and pending CR-01, it is unlikely to be granted.

Edited May 19, 2011 by Penguin_ie