VWP after 221(g)?

[UK_K1 0]

I had my interview for a K1 visa today. All went fine and I would have been approved except there was a mistake on my Police Certificate (my fault). The Consular Officer said that I just need to get another certificate and send it in, along with my passport, and the Visa would be issued to me.

He gave me a blue slip, which I believe is a 221(g), but none of the boxes on it are checked (the ones at the top stating whether it's been denied/refused/requires AP etc), only the one box on the back asking that I send in a UK Police Certificate.

I can't get a new certificate before Christmas/New year and want to spend Christmas/New Year with my fiancee and friends in the USA, so would like to fly to the USA for Christmas and New Year, return to the UK shortly after New Year and then send off my Passport and Certificate to the embassy, returning to the USA on my K-1 visa once it's been issued.

I believe I am still eligible to travel under the Visa Waiver Program and I have an existing ESTA approval. Should I make a new ESTA application, update my existing application or can I just travel on my approved ESTA and explain/present info to the CBP officer if I get questioned at immigration?

Will the CBP officer at the airport know that I have applied for the K1 or the status of it? I have previously travelled under VWP while the K1 was being approved, but this was earlier in the process (while it was still with USCIS).

Is there anything I can do to improve my chances of being admitted by CBP? Obviously I will take as much proof as possible to show that I will be returning - Work Contract, Rental Agreement, print-out of the email confirming my application for a new Police Certificate and the blue slip I was given at the embassy are things that spring to mind immediately.

Thanks in advance.

Edited December 18, 2012 by UK_K1

[LeftCoastLady 441]

Unfortunately, unless there's someone else who's been in this exact situation and can provide specific details on what happened, it will be hard to give a perfect solution. There's definitely the risk of being turned away given the pending K-1 visa. CBP is under Homeland Security, but they do have an agreement with the Dept. of State (embassies/consulates) to share information, so they may have information that you were just interviewing for a K-1 visa and its status.

I found this thread using the search function that is similar to your predicament, but the OP didn't return to provide an update on their situation. Good luck!

[Boiler 45,993]

Many people visit whilst a K1 is in progress, I did.

[LeftCoastLady 441]

Many people visit whilst a K1 is in progress, I did.

But was that after the K-1 interview, though? That could be where the issue arises.

Edited December 19, 2012 by LeftCoastLady

[Boiler 45,993]

As I understand it 221G is not a visa refusal, but non compliance may result in one.

[Nich-Nick 3,354]

But was that after the K-1 interview, though? That could be where the issue arises.

I don't see it as a problem or different from any other visit. He hasn't been denied or granted a visa. He's still processing. He uses his ESTA. I've asked twice at the airport if that screen he was looking at says I have a pending/approved petition. Was told it shows entries, exits, overstays, bad guys but not pending visas. I went on to say If my British fiancé came through here, would a big flashing K1 pop up for him? No ma'am. Same basic thing was said by the 1-800- talk to the CBP line. Remind me to ring them tomorrow's and ask again. What airport? I'll call the CBP manager on duty there. Probably too busy this time of year at the airport to chat.

[UK_K1 0]

My only real concern is this -

http://integrity-legal.com/legal-blog/us-visa-immigration/the-visa-waiver-program-221g-denials-and-esta/

[Nich-Nick 3,354]

My only real concern is this -

http://integrity-legal.com/legal-blog/us-visa-immigration/the-visa-waiver-program-221g-denials-and-esta/

I see. The USCIS and DOS don't agree on policy. Well do what you need to do.

1. Use your old ESTA because you 're ignorant of the particulars. If the airport guy is privvy to your recent 221(g) and knows the most subtle technicalities of immigration law, you might get further questioning or even future VWP privileges revoked. You won't be needing VWP after this trip.
   
2. Revise your ESTA and see if you can explain it all on an online form with a new ESTA granted or perhaps told to apply for a B1/B2 visitor visa in London.
   
3. Cancel the trip
   

I know what I would pick if I was in the pickle you're in. Good luck mate.

Edited December 19, 2012 by Nich-Nick

[UK_K1 0]

I see. The USCIS and DOS don't agree on policy. Well do what you need to do.

1. Use your old ESTA because you 're ignorant of the particulars. If the airport guy is privvy to your recent 221(g) and knows the most subtle technicalities of immigration law, you might get further questioning or even future VWP privileges revoked. You won't be needing VWP after this trip.
2. Revise your ESTA and see if you can explain it all on an online form with a new ESTA granted or perhaps told to apply for a B1/B2 visitor visa in London.
3. Cancel the trip

I know what I would pick if I was in the pickle you're in. Good luck mate.

Thank you