Will issue with the ESTA affect the U.S. Immigrant visa application? (merged)

[amishbaby 407]

8 minutes ago, David&Femke said:

thank you, you to, the waiting is really hard it was really starting o break me up about a month ago, because we have not sene eachother sinds october now. but what really helped for us is we planned a vacation for next month.

The waiting is really hard because you dont know what will happen and how long it will take.

When you plan something that is set and you know when it is, it really filles up the waiting gab, becasue you ahve something to look forward to. maybe something to think about. we see it as our early honymoon:P

Awe, I'm sorry to hear. Yeah, I would love to see him again, just depends.. he might not be able to take any time off of work.... so I don't know.  But I guess I'm just going to hang in there. Plenty of people have managed, I'm sure we can too, right? Were incredibly strong people. But hey, I wish you a great vacation!  I'm positive that will help you push through this process.

[amishbaby 407]

6 minutes ago, David&Femke said:

also look if your check has been cashed, if they cashed it it has been filed and even if you dont get your nao1 your case is till in the sistem you just have to do some more paperwork to get it after 30 days, but your case is not lost, and will still get worked on when it is your turn.

I sent a money order instead of check. I was a little paranoid with sending a check out. Sometimes I make dumb decisions and wouldn't wanna accidentally take out too much money out of my bank, then they wouldn't be able to cash the check. So I sent a money order. I don't know how much longer something like that takes... I should have sent a check but oh well lol.

[David&Femke 91]

3 minutes ago, amishbaby said:

I sent a money order instead of check. I was a little paranoid with sending a check out. Sometimes I make dumb decisions and wouldn't wanna accidentally take out too much money out of my bank, then they wouldn't be able to cash the check. So I sent a money order. I don't know how much longer something like that takes... I should have sent a check but oh well lol.

dit you fill in th 1145 form? to tack your case or do you ahve a case number somewhere in your conformation?
then you can track your case here https://egov.uscis.gov/casestatus/mycasestatus.do

 

If your case is still on recieved there then you should be good as far as i seen the cases that are denied at the initial filling they change the staus very quickly. if it says they sent the nao1 you ahve nothing to worry about even if they mess up your afdress happens pritty often but does not effect your case.

[amishbaby 407]

 

1 minute ago, David&Femke said:

dit you fill in th 1145 form? to tack your case or do you ahve a case number somewhere in your conformation?
then you can track your case here https://egov.uscis.gov/casestatus/mycasestatus.do

 

If your case is still on recieved there then you should be good as far as i seen the cases that are denied at the initial filling they change the staus very quickly. if it says they sent the nao1 you ahve nothing to worry about even if they mess up your afdress happens pritty often but does not effect your case.

Yes, I sent a G1145 form, USCIS signed for my petition on the 28th so it's only been 4 days so far. I should be hearing something soon. Hopefully they send me ane mail. I don't think I have a case number yet. I thought you have to wait to get an NOA1 before you get a case number? I don't have any case number as far as I know as of right now. 

[David&Femke 91]

we got the case number in an email. but not everyone gets it and it will also be on the paper nao1 you get in the regualar mail. we dit get the e-mail within a few days. but dit not get the paper one for a long time. whe you sent it ends up in a lockbox 1st, so even when you get the message from usps or fedex or something that is arrived it does not mena it arrived at there office yet. and then they will file it that can also take a few days. and after you usually get an email or text, and 7-10 days after that you will get a paper one in the mail. but that is just mos of te time there is a good reason they say you need to wait 30 days after sending before doing anything about it, for all kinds of reasons things get delayed at the uscis. but not all is lost whenn it does, luckely.

[David&Femke 91]

also look in your spam folder that is where my uscis email ended up, and i always get a warning that the sender is not certefied and cant be trusted with teh uscis email. so you should keep an eye o your spam.

we got the email under the name Do_Not_Replay_Lockbox@dhs.gov

Then you know what to look for

[amishbaby 407]

7 minutes ago, David&Femke said:

we got the case number in an email. but not everyone gets it and it will also be on the paper nao1 you get in the regualar mail. we dit get the e-mail within a few days. but dit not get the paper one for a long time. whe you sent it ends up in a lockbox 1st, so even when you get the message from usps or fedex or something that is arrived it does not mena it arrived at there office yet. and then they will file it that can also take a few days. and after you usually get an email or text, and 7-10 days after that you will get a paper one in the mail. but that is just mos of te time there is a good reason they say you need to wait 30 days after sending before doing anything about it, for all kinds of reasons things get delayed at the uscis. but not all is lost whenn it does, luckely.

Oh OK, so when they signed for it, it was put into a lock box, is that what you're saying? All I know was it was signed for, but I'm not sure where it goes once it gets signed for. I'm guessing the lock box as you have mentioned. And how long do they keep it in the lock box before they take it out and file it? Hmm, this is all very confusing but I'll give it time like you said. 

[mallafri76 1,012]

8 hours ago, millefleur said:

Since rejected tourist visas don't have any influence, I doubt this situation would either. As long as he's honest about and tells them what happened (if asked) I think it'll be fine.

 

People makes mistakes on the application all the time. The interview provides any chances to clear up any misunderstandings. I wouldn't worry about it too much, he didn't break any laws and didn't overstay, so I'd say it's a non-issue.

We're not talking about a denied tourist visa, we're talking about a potential misrep on an ESTA application. If I understand OP correctly, he had a tourist visa denied and then applied for ESTA instead and not only failed to disclose the denied visa but actually lied about it. Seemingly unintentionally but a lie is still a lie, and in this case, could be considered misrep. Had OP answered yes, like he was suppose to, the ESTA would have most likely been denied.

[amishbaby 407]

53 minutes ago, mallafri76 said:

We're not talking about a denied tourist visa, we're talking about a potential misrep on an ESTA application. If I understand OP correctly, he had a tourist visa denied and then applied for ESTA instead and not only failed to disclose the denied visa but actually lied about it. Seemingly unintentionally but a lie is still a lie, and in this case, could be considered misrep. Had OP answered yes, like he was suppose to, the ESTA would have most likely been denied.

Not true, actually. He applied for a visa in November 2015, and I have read and heard many stories of people who have applied for an ESTA and have gotten approval for an ESTA even after stating that they were denied for a visa. He applied for an ESTA in September 2016. I've heard personal accounts from people applying 6 months after a denial of a visa and stating it on their ESTA, and still getting approved for it... so what you are saying is not always true.

 

And, I know my case is not one of these situations. People make mistakes, as long as he is honest if they bring it up at the appointment, it's not him intentionally trying to do any harm. He wasn't intentionally misrepresenting himself. I can only imagine how many people would have been denied visas for application errors like this. So, honestly... there is nothing to worry about. Thanks for your input. 

Edited April 1, 2017 by amishbaby

[Simonbln 35]

16 minutes ago, amishbaby said:

Not true, actually. He applied for a visa in November 2015, and I have read and heard many stories of people who have applied for an ESTA and have gotten approval for an ESTA even after stating that they were denied for a visa. He applied for an ESTA in September 2016. I've heard personal accounts from people applying 6 months after a denial of a visa and stating it on their ESTA, and still getting approved for it... so what you are saying is not always true.

 

And, I know my case is not one of these situations. People make mistakes, as long as he is honest if they bring it up at the appointment, it's not him intentionally trying to do any harm. He wasn't intentionally misrepresenting himself. I can only imagine how many people would have been denied visas for application errors like this. So, honestly... there is nothing to worry about. Thanks for your input. 

Why do you ask - if there is nothing to worry about? 

 

All she stated was it would have most likely been denied.  Even it was not intentionally - it might be the only reason, why he was  approved and let into the country.

 

I wish you good luck anyway.

 

Edited April 1, 2017 by Simonbln

[amishbaby 407]

1 hour ago, mallafri76 said:

We're not talking about a denied tourist visa, we're talking about a potential misrep on an ESTA application. If I understand OP correctly, he had a tourist visa denied and then applied for ESTA instead and not only failed to disclose the denied visa but actually lied about it. Seemingly unintentionally but a lie is still a lie, and in this case, could be considered misrep. Had OP answered yes, like he was suppose to, the ESTA would have most likely been denied.

Also, no issues when he came into the country. He was brought to the side and questioned. All they brought up was his date and he had to change it or he would have been overstaying the ESTA. I would assume that if there was a problem, he would have been deported back to Australia and they would have banned him from America. But that didn't happen. They allowed him in with no issues other than the date on his flight ticket. He didn't overstay, he followed the instructions, he went back to Australia and I just sent the I-129F packet out. I was going through everything afterwards and came across that. If they do happen to bring it up at the Interview, he will be honest about the fact that it was an accident and we just recently took notice of it. However, it was too late. He already came here on the ESTA with that mistake, but he can explain to them that he mistakenly selected "No", instead of yes. It's very easy to select No on something when all the other answers to the questions were No. So, subconsciously he selected No as well. The mind is good at playing tricks. If other people have made mistakes... can't see this being different.

Edited April 1, 2017 by amishbaby

[amishbaby 407]

2 minutes ago, Simonbln said:

Why do you ask - if there is nothing to worry about? 

 

All she stated was it would have most likely been denied.  Even it was not intentionally - it might be the only reason, why he was  approved and let into the country.

 

I wish you good luck anyway.

 

Because, the first person to respond to my post and the second helped ease my worries, that's why I said I have nothing to worry about.

And most likely, still not sure about that. I'm still wondering why the CBP officer wouldn't take notice? Don't they have access to information like that which tells them if a person has been denied for a visa in the past, or no? When they were questioning him, if they seen something suspicious, pretty sure they would have made him leave the country..... maybe he was actually eligible for the ESTA. Like I said, it was an accident. He didn't intentionally select no. Jeeze.

[Simonbln 35]

4 minutes ago, amishbaby said:

Because, the first person to respond to my post and the second helped ease my worries, that's why I said I have nothing to worry about.

And most likely, still not sure about that. I'm still wondering why the CBP officer wouldn't take notice? Don't they have access to information like that which tells them if a person has been denied for a visa in the past, or no? When they were questioning him, if they seen something suspicious, pretty sure they would have made him leave the country..... maybe he was actually eligible for the ESTA. Like I said, it was an accident. He didn't intentionally select no. Jeeze.

Why dont you just find out and let him apply for a new esta with the correct answers and see if it still gets approved. 

 

There is nothing wrong applying for esta while k-1 pending.

 

let us know how it went. 

 

 

 

 

[amishbaby 407]

Just now, Simonbln said:

Why dont you just find out and let him apply for a new esta with the correct answers and see if it still gets approved. 

 

There is nothing wrong applying for esta while k-1 pending.

 

let us know how it went. 

 

 

 

 

Okay, I will do just that. Now, my question is... if it does in fact get a denial.... what will happen? I don't understand... I can't see how a mini mistake... albeit a dumb one on an important question, could completely screw him up on getting K1's. Surely other people have messed up in the past, right?

[amishbaby 407]

49 minutes ago, Simonbln said:

Why dont you just find out and let him apply for a new esta with the correct answers and see if it still gets approved. 

 

There is nothing wrong applying for esta while k-1 pending.

 

let us know how it went. 

 

 

 

 

I submitted and I got this... 

"Your travel authorization is under review because an immediate determination could not be made. This response does not indicate negative findings. A determination will be available within 72 hours. Return to this website to retrieve and view the ESTA status of a previously submitted authorization for one or for a group of two or more persons."

So, now I wait...