Valid ESTA after CR1 visa denial?

[Chewbacca 18]

My CR1 visa was denied at the interview because I haven't finished my 2 years home residency requirement from a previous J1 visa. The consular office gave me the option of applying for a waiver or just wait until this 2 year period is over. I chose the latter since it will be faster (and cheaper) than wait for a waiver approval. She told me that I do not need to send a petition again, or even pay the visa fee as it will be still valid for a year. 

 

I have been visiting my husband in USA in these last 2 years using a VWP passport and my ESTA is valid until 2018. I want to attend a conference in USA in few months and I was wondering if I could still use my ESTA to enter USA. I will just stay for a week (I would not even have time to visit the husband) and come back home to wait for my interview date. Thanks!

[p-ana 933]

I believe you'd need to update your esta/ vwp with the information you had a visa denial.

[Boiler 45,519]

Agree, you need to update ESTA with your refusal.

[geowrian 22,337]

Yes, you would have to update your ESTA with the denial information. This doesn't explicitly prevent you from using an ESTA, but it is likely to cause you to be unable to use ESTA for a period a time. If that happens, then you need a visa.

Edited February 12, 2017 by geowrian

[Chewbacca 18]

Thanks for the answers! I saw at the ESTA website that I cannot update the information (just the contact information), so I guess I need to submit a new application. 

[Penguin_ie 5,993]

Did you get anything from the embassy about your denial?

It sounds not so much like a denial, but a temporary delay; wording could matter here.

[Chewbacca 18]

6 hours ago, Penguin_ie said:

Did you get anything from the embassy about your denial?

It sounds not so much like a denial, but a temporary delay; wording could matter here.

The paper that she gave me at the interview says that "the consular officer has refused your immigrant visa case under section 212(e) of the Immigration and Nationality Act...". Then it gives instructions on how to apply for the waiver. Since I told her that I would not apply for a waiver, show wrote down that I need to spend 730 days (physically present) in my home country.

 

Also in the US dept. of state website, if I look at my case under the Visa Status Check page, it says that my visa was refused.