visa waiver and withdrawn k1

[supermacho 1]

Hello!

I have two questions: I have a flight booked to go see my fiance in the States soon (for 3 weeks). My ESTA however expires 2 days after I arrive in the States. Am I good to travel or do I have to renew it? I never overstayed, never committed any crime, do not intend to stay, nor adjust, I will go back to my country.
We withdrew our K1 application earlier this year due to some family stuff. The petition was not approved nor denied, we just received a letter stating it was withdrawn. I never got to apply for the visa itself. If I renew my ESTA am I good to say no to the question "have you ever had a visa denied/canceled" (I don't remember the exact wording).
I want to be sure I won't commit any misrepresentation, that's why I'm asking this question. Is there a chance they may denied it cause I have a fiancè in the states (i assume they know since we sent a k1?). I'm just visiting. We will apply for the proper visa when I will immigrate (CR1).
Thanks to all of you who will help.

[Tanish 197]

Hello!

I have two questions: I have a flight booked to go see my fiance in the States soon (for 3 weeks). My ESTA however expires 2 days after I arrive in the States. Am I good to travel or do I have to renew it? I never overstayed, never committed any crime, do not intend to stay, nor adjust, I will go back to my country.

We withdrew our K1 application earlier this year due to some family stuff. The petition was not approved nor denied, we just received a letter stating it was withdrawn. I never got to apply for the visa itself. If I renew my ESTA am I good to say no to the question "have you ever had a visa denied/canceled" (I don't remember the exact wording).

I want to be sure I won't commit any misrepresentation, that's why I'm asking this question. Is there a chance they may denied it cause I have a fiancè in the states (i assume they know since we sent a k1?). I'm just visiting. We will apply for the proper visa when I will immigrate (CR1).

Thanks to all of you who will help.

However pure intentions you may have of leaving without adjusting status or abusing Visa rules, convincing CBP officer that you only intend to visit your "Fiance" will be a tough task.

And saying No to the above question would be considered material misrepresentation, I can't say if that will cause you a problem in the future or not. If they find out that you initially applied for K-1 then withdrew the application and denied applying/cancelling application while on Visitor Visa later, it may cause future problems.

I am in no way expert in this matter, so you should pay more attention to other people's comments. I am just trying to shed some light on potential problems.

I hope you can find more credible information from some of the experienced members on VJ. Good Luck.

[mallafri76 1,012]

The I-129f is a petition only and not a visa application. You have no denied visa application and you've never overstayed on the VWP so you can use ESTA to visit your fiancé.

The ESTA is used to check your eligibility prior to traveling to the US, so technically I'm guessing it only needs to be valid up until the day you travel but why risk it? It's like $13 or something to renew your ESTA. I would renew it if I were you.

[Ketsuban 1,034]

You never applied for a K-1 so you don't need to say you had a visa denied or cancelled.

[KierenHby 899]

And saying No to the above question would be considered material misrepresentation, I can't say if that will cause you a problem in the future or not. If they find out that you initially applied for K-1 then withdrew the application and denied applying/cancelling application while on Visitor Visa later, it may cause future problems.

Incorrect. OP has stated the petition never got to the visa denial\cancellation stage.

[supermacho 1]

Thank you for all your replies. So I'm gonna answer no to that.

Is there a chance the outcome may be denied just because I have a fiance in the states? As I said I never done anything illegal nor have intention to do that, just want to visit for Christmas

[JFH 12,190]

The ESTA application won't be denied based on the fact that you have a love interest in the USA. It doesn't even ask about girlfriends and boyfriends or spouses. That doesn't affect your ability to ask permission to enter the country as a visitor.

However, an ESTA approval is no guarantee of admission. That is down to the CBP officer at the airport on the day and whether you can convince him or her that you are a visitor only with no intention of staying. 99.9% of the time, VWP people are successful with this. People have been turned away at the border though, even with an ESTA approval, because the CBP officer was not convinced.

[supermacho 1]

So the fact that I had a petition in my name won't affect the outcome? (just want to be 100% sure. Of course at POE I will bring tons of ties to my country!)

[JFH 12,190]

No - the withdrawn petition won't affect the outcome. Everyone is allowed to change their minds.

[supermacho 1]

Alright thank you so much for the help, everybody! Have a great weekend!

[Empressre 2]

I had a similar situation. My now husband and I had applied for a k1 and never followed through with it. A few years later after we were married we applied for a visitor visa for him to the US. They DID ask about this at his interview and I'm pretty convinced that is why they denied his visa. Even though we were living in his country.

[EM_Vandaveer 2,408]

You don't even have to reapply as your ESTA only has to be valid on the day you enter, if it expires while you're in the US, that's fine. You only need a new one for your next trip.

Edited November 30, 2016 by EM_Vandaveer