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

[amishbaby 407]

12 minutes ago, Suss&Camm said:

Yes, if they determine it wasn't willful misrepresentation he can still be approved.

 

- I'm unsure, afaik it adds quite a bit of time. So prepare for the worst but hope for the best! Just the fact that you will be correcting it this time around and being upfront, will be in your favor. The unknown is if they will think he was lying to get the ESTA.

Yeah, I think that will really help us out by being honest. But I see what you mean... hopefully they don't. 

[Suss&Camm 2,213]

6 minutes ago, amishbaby said:

That's good.... so with that in mind, what do you think will happen based off your expertise and knowledge? What is the most likely situation to come out of this? I want to be prepared for the possibility of a waiver, but I'm interested in how you think this will pan out. 

wow well...that's such a tough one and I am no expert... I may know some procedures from following ppl on VJ and reading a lot, but I honestly wouldn't know. I have seen ppl need waivers for similar situations, and I have seen ppl be fine after being upfront. Australia is not a high fraud country, that also plays in your favor. I'm sorry I wish I could give you a better answer.

[Suss&Camm 2,213]

Try the VJ search tool and see if you can find similar situations... I know it's hard to stop digging when we are worried about things in this process!

[amishbaby 407]

2 minutes ago, Suss&Camm said:

wow well...that's such a tough one and I am no expert... I may know some procedures from following ppl on VJ and reading a lot, but I honestly wouldn't know. I have seen ppl need waivers for similar situations, and I have seen ppl be fine after being upfront. Australia is not a high fraud country, that also plays in your favor. I'm sorry I wish I could give you a better answer.

It's still helpful. Especially the fact that you mentioned Australia not being a high fraud country. I guess this is the roll of the dice.... and I don't like it. This process is so stressful. Ugh! And the waiver looks really expensive, so I am hoping to god they don't make us have to go that route. As long as I knew that all of this will be worth it in the end, with him getting a K1, I would do whatever is necessary. But I don't know anything about waiver approvals... are they pretty good with approvals rates and stuff? 

[amishbaby 407]

1 minute ago, Suss&Camm said:

Try the VJ search tool and see if you can find similar situations... I know it's hard to stop digging when we are worried about things in this process!

I actually did! I have been searching since yesterday.  I haven't been able to find any situation similar to mine. Just my luck!

Edited April 1, 2017 by amishbaby

[David&Femke 91]

2 minutes ago, amishbaby said:

That's good.... so with that in mind, what do you think will happen based off your expertise and knowledge? What is the most likely situation to come out of this? I want to be prepared for the possibility of a waiver, but I'm interested in how you think this will pan out. 

https://travel.state.gov/content/visas/en/general/ineligibilities.html

 

Here is the list were it says if you need a waiver you need the know the number of the denial letter he got. i have had a 217.4a, and a 241b.

 

In the end that dit not give me any problems just a lot of explaining and they wont be nice about it. but if you are honest and dit not maen any harm i believe it will turn out fine.

[Suss&Camm 2,213]

1 minute ago, amishbaby said:

It's still helpful. Especially the fact that you mentioned Australia not being a high fraud country. I guess this is the roll of the dice.... and I don't like it. This process is so stressful. Ugh! And the waiver looks really expensive, so I am hoping to god they don't make us have to go that route. As long as I knew that all of this will be worth it in the end, with him getting a K1, I would do whatever is necessary. But I don't know anything about waiver approvals... are they pretty good with approvals rates and stuff? 

Waivers are generally granted for K1's unless there is something really bad, and this is not.

[amishbaby 407]

2 minutes ago, David&Femke said:

https://travel.state.gov/content/visas/en/general/ineligibilities.html

 

Here is the list were it says if you need a waiver you need the know the number of the denial letter he got. i have had a 217.4a, and a 241b.

 

In the end that dit not give me any problems just a lot of explaining and they wont be nice about it. but if you are honest and dit not maen any harm i believe it will turn out fine.

So, do I fill this waiver out, or does he fill it out? 
 

So, you didn't have to fill out a waiver? What waivers have you had to fill out and what for? 

 

But I am holding onto what it is you're saying, and hoping that we get the approval and not have to go through this waiver stuff... 

[Suss&Camm 2,213]

Here's about the waiver for 

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume9-PartG.html

[amishbaby 407]

6 minutes ago, Suss&Camm said:

Waivers are generally granted for K1's unless there is something really bad, and this is not.

Oh OK, I gotcha.

 

Is the processing time of the waiver roughly a few months... or is that like almost a year? 

[amishbaby 407]

2 minutes ago, Suss&Camm said:

Here's about the waiver for 

 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume9-PartG.html

Would he be filing this, or would it be me? Also, what constitutes extreme hardship and how do you go about proving that? 

[Suss&Camm 2,213]

2 minutes ago, amishbaby said:

Oh OK, I gotcha.

 

Is the processing time of the waiver roughly a few months... or is that like almost a year? 

Somewhere in between there from what I've seen. Now that you know about it possibly happening though....just cross that bridge when and if you get to it would be my advice. This stuff can drive you mad..

[Suss&Camm 2,213]

1 minute ago, amishbaby said:

Would he be filing this, or would it be me? Also, what constitutes extreme hardship and how do you go about proving that? 

Yea like I said.. idk about the process... but perhaps start a new topic and ask that specific question.

[amishbaby 407]

2 minutes ago, Suss&Camm said:

Somewhere in between there from what I've seen. Now that you know about it possibly happening though....just cross that bridge when and if you get to it would be my advice. This stuff can drive you mad..

Haha, you ain't kiddin'! I swear I have already lost it. But thanks for the sound advice, it's much needed... I might be freaking out over something that may or may not happen. The logic. At least I know what may come out of it... and now I'm prepared for it. But yeah, that's a long time. So how does that work? I have a few more questions.

 

1) Let's say that this happens and the processing time is long, and it makes my boyfriend go over the 2 year period that we last seen eachother in person, does that mean he has to come back some how to see me for us to continue the process?

2) Will I be required to send any new updated forms after the waiver is approved (I-134 for instance), or will they just hold onto everything I have already given them and use that. In other words, would they make me send them updated paperwork for him to get the K1 approval, or just keep everything they have? 

[amishbaby 407]

6 minutes ago, Suss&Camm said:

Yea like I said.. idk about the process... but perhaps start a new topic and ask that specific question.

Hmm, Okay, thank you.