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

[David&Femke 91]

2 minutes ago, amishbaby said:

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... 

Well i am not trough the K1 prosses yet but I dit not need any waivers to get the B2 after that i just had to go to the ambessy they reviewed the whole case, and then they determened i had no bad intent.

i put a picture were you can see the visa i got after the 217 and the 214 and you can see it has an annotiation that says esta reviewed. I dit not need to get a waiver at that time, i was very upfront and put it clearly in the d160 form that i got those 2 forms.

maybe they will be stickter with the K1 and i do hope it wont mean a extra year, that would be the case for me then to. but i think those storys were it takes that long is when something fishy is goihng on, or when it is from a high froud country.

As far as i know they wil let you know at the interiew if you need a waiver. last story i saw on vj that had a previos denial went in to 2 weeks of extra processing after the interview. I think that was in the Netherlands. also low risk country

[David&Femke 91]

can you find out what numbers he got? when he was denied and when he was no supose to travel?
that can help you look up what effect it has eccactually

 

[amishbaby 407]

3 minutes ago, David&Femke said:

can you find out what numbers he got? when he was denied and when he was no supose to travel?
that can help you look up what effect it has eccactually

 

See, that's the thing... he said he was denied... but he doesn't have any paperwork. He said they gave him a paper of some kind and he doesn't have it anymore. I just told him to call the consulate and find out about any denials he got. And what number am I looking for? I'm a little confused, can you explain a little bit more? 

 

He applied for a visitor visa and they wouldn't give him it because he had insufficient funds at the time. He said the paper they gave him was yellow, but he can't remember what was on it... does that sound normal?

[David&Femke 91]

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

 

on the uscis site if you look at point 6 sfection C this it says, and if you fall unther that you need a waiver

 

(C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

 

 

Note that it says willfully. if he can clearly proof it was not wilfull he does not fall unther that section

[David&Femke 91]

1 minute ago, amishbaby said:

See, that's the thing... he said he was denied... but he doesn't have any paperwork. He said they gave him a paper of some kind and he doesn't have it anymore. I just told him to call the consulate and find out about any denials he got. And what number am I looking for? I'm a little confused, can you explain a little bit more? 

 

He applied for a visitor visa and they wouldn't give him it because he had insufficient funds at the time. He said the paper they gave him was yellow, but he can't remember what was on it... does that sound normal?

well mine was white but i quess that would be the 214b, and that one is just a denial for non immegrant visas, so does not applay to k1 and it is only a deniel untill he can prove that that reason is not valit anymore, with would be the point were he has more funds, that is often the reason they deny a B visa in western countrys because they basecally want to give you that visa so you can come and spent a lot of mony in the US. when you dont have that mony they dont have a good reason to give it to you. I got that te 1st time i aplayed for the b visa. suplemented my income with extra work at my mom her company and got a letter that she does have mony to spent and then got the B visa.

[amishbaby 407]

18 minutes ago, David&Femke said:

Well i am not trough the K1 prosses yet but I dit not need any waivers to get the B2 after that i just had to go to the ambessy they reviewed the whole case, and then they determened i had no bad intent.

i put a picture were you can see the visa i got after the 217 and the 214 and you can see it has an annotiation that says esta reviewed. I dit not need to get a waiver at that time, i was very upfront and put it clearly in the d160 form that i got those 2 forms.

maybe they will be stickter with the K1 and i do hope it wont mean a extra year, that would be the case for me then to. but i think those storys were it takes that long is when something fishy is goihng on, or when it is from a high froud country.

As far as i know they wil let you know at the interiew if you need a waiver. last story i saw on vj that had a previos denial went in to 2 weeks of extra processing after the interview. I think that was in the Netherlands. also low risk country

So, you didn't go through with the K1 yet? It looks like me and you are in similar situations... we should definitely keep each other in the loop. Do you have social media or anything that is easier for us to chat rather than VisaJourney? I think me and you can really help each other and we probably need as much support as possible right now.. I hope that neither of us have to get a waiver. 

[amishbaby 407]

7 minutes ago, David&Femke said:

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

 

on the uscis site if you look at point 6 sfection C this it says, and if you fall unther that you need a waiver

 

(C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

 

 

Note that it says willfully. if he can clearly proof it was not wilfull he does not fall unther that section

Well, when we fill out the DS-160, he is going to fill out the part where it asks if he has ever been denied for a visa, and mark it down that he has. So, right there, they will see that he HAS been denied even though he said on the ESTA waiver that he wasn't. Right there is his opportunity to prove and redeem himself that he wasn't intentionally trying to misrepresent a fact... am I right? I mean, if he would want to misrepresent a fact, wouldn't he put the same response on the DS-160 form that he put on the ESTA? I feel like this substantially proves his mistake... and if a waiver is what has to come out of it, then so be it...

[amishbaby 407]

8 minutes ago, David&Femke said:

well mine was white but i quess that would be the 214b, and that one is just a denial for non immegrant visas, so does not applay to k1 and it is only a deniel untill he can prove that that reason is not valit anymore, with would be the point were he has more funds, that is often the reason they deny a B visa in western countrys because they basecally want to give you that visa so you can come and spent a lot of mony in the US. when you dont have that mony they dont have a good reason to give it to you. I got that te 1st time i aplayed for the b visa. suplemented my income with extra work at my mom her company and got a letter that she does have mony to spent and then got the B visa.

So, you are saying if he could have proved he had the sufficient money, then he would have gotten an approval? But is that still considered an actual visa denial? Because I considered it a denial but I don't know if it is. So, why would they give him a yellow paper? Do you know what that color means at all? 

[David&Femke 91]

8 minutes ago, amishbaby said:

So, you are saying if he could have proved he had the sufficient money, then he would have gotten an approval? But is that still considered an actual visa denial? Because I considered it a denial but I don't know if it is. So, why would they give him a yellow paper? Do you know what that color means at all? 

yes it is still a denial. but not all denials are the same. It really depents on the reason for the denial.

[piste 24]

13 hours ago, amishbaby said:

And I got this response back, 

 

"Dear Megan Wenner, 

Thank you for writing to the U.S. Visa Service Desk. 

We understand that you would like to know if the issue with the ESTA will affect the U.S. Immigrant visa application of the applicant. 

Please be advised that on the applicant's visa interview, a consular officer will determine whether or not the applicant is eligible for a U.S. visa. We are not able to advise whether or not the applicant is eligible for a visa in advance of the interview. 

We hope this information is helpful to you. 

Please visit https://www.surveymonkey.com/s/gss_australia to share feedback on the services we provide. 

Have a pleasant day!    

Sincerely, 
U.S. Visa Service Desk"

DO NOT WORRY

 

The local in-country Embassy / Consular staff know nothing, I was referred to the Department of Homeland Security, another country visa office (Frankfurt issues their own) and USCIs and each pointed me to another Department. 

 

It was ESTA and I-130 related and in the end I travelled and had no issues at entry into New York (just the usual questions no more) - I had to travel and thought F""" this .... if I am barred that will be the last trip and forget the USA as a life plan ( I have been married to a USC for 20 years and still treated as if I am 3rd rate criminal).

 

Your clue as to the lack of professionalism is .....Please visit Survey Monkey ..... so a non-Government server collects private information and can be accessed by anyone ...... DO NOT WORRY ....  ignore 80% of the posts on VJ as well, you are the one who really knows your own facts and situation.

 

In fact the survey is meaningless as ANYONE can complete it ........ again pointing to the professionalism of the offices !! 

 

the USCIS process means I will not be seen in life or death in Nebraska ..... 

 

 

 

Edited April 1, 2017 by piste

[amishbaby 407]

22 minutes ago, piste said:

DO NOT WORRY

 

The local in-country Embassy / Consular staff know nothing, I was referred to the Department of Homeland Security, another country visa office (Frankfurt issues their own) and USCIs and each pointed me to another Department. 

 

It was ESTA and I-130 related and in the end I travelled and had no issues at entry into New York (just the usual questions no more) - I had to travel and thought F""" this .... if I am barred that will be the last trip and forget the USA as a life plan ( I have been married to a USC for 20 years and still treated as if I am 3rd rate criminal).

 

Your clue as to the lack of professionalism is .....Please visit Survey Monkey ..... so a non-Government server collects private information and can be accessed by anyone ...... DO NOT WORRY ....  ignore 80% of the posts on VJ as well, you are the one who really knows your own facts and situation.

 

In fact the survey is meaningless as ANYONE can complete it ........ again pointing to the professionalism of the offices !! 

 

the USCIS process means I will not be seen in life or death in Nebraska ..... 

 

So, you don't believe they will get him for willful misrepresentation? I mean like I said, if he fills out the DS-160 and states that he was denied for a visa in the application, but then they also see that he put down on the ESTA that he wasn't denied, that will show conflicting information which would verify a mistake was made. Wouldn't this prove it wasn't willful misrepresentation?

 

[amishbaby 407]

OK, so here's the scoop. He was not authorized to enter the US on the Visa Waiver Program. He reapplied for the ESTA and put the correct answer down, "Yes" for the visa denial question. He ended up not getting authorized, so I am assuming that his trip to America wasn't authorized. 

 

I need a suggestion, what would come out of this?

 

Can we try this?

 

1) Contact USCIS and withdraw the k1 petition.
2) Have him go and apply for a B2 visa to come and visit me. 
3) If he gets approval, come to America and see me for a week.
4) Then reapply for the K1

 

Is that possible?

Edited April 1, 2017 by amishbaby

[amishbaby 407]

17 hours 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.

 

New information. He just re-applied for the ESTA and paid the $14, because I had a bad feeling he would be unauthorized for travel. He was denied, and was told to apply for a visa at the consulate. Knowing that, is it still possible for him to be approved, even if he did travel on an ESTA that he essentially shouldn't have been approved for? 

 

He is also going to call the embassy up on Monday to find out what the facts are regarding his denied visas. We just need to make sure everything is accurate. 

[Suss&Camm 2,213]

14 minutes ago, amishbaby said:

 

New information. He just re-applied for the ESTA and paid the $14, because I had a bad feeling he would be unauthorized for travel. He was denied, and was told to apply for a visa at the consulate. Knowing that, is it still possible for him to be approved, even if he did travel on an ESTA that he essentially shouldn't have been approved for? 

 

He is also going to call the embassy up on Monday to find out what the facts are regarding his denied visas. We just need to make sure everything is accurate. 

Yes, nothing has changed. All answers yesterday was with this already in mind. 

About withdrawal of the K1. I don't know why you would go through all of that trouble to just visit for one week. He can still apply for a tourist visa while waiting on the K1. Any reasons for him to not get approved or to not be let in once at the border would still exist whether or not you withdraw the K1. Unless he lies about why he would be traveling or your relationship, which ofc is a very bad idea as you know. 

Edited April 1, 2017 by Suss&Camm

[amishbaby 407]

14 minutes ago, Suss&Camm said:

Yes, nothing has changed. All answers yesterday was with this already in mind. 

About withdrawal of the K1. I don't know why you hil go through all of that trouble to just visit for one week. He can still apply for a tourist visa while waiting on the K1. Any reasons for him to not get approved or to not be let in once at the border would still exist whether or not you withdraw the K1. Unless he lies about why he would be traveling or your relationship, which ofc is a very bad idea as you know. 

Oh, OK, thank you for the clarification. I've been stressed, so it's hard to think clear. 

So, you mean to tell me that he can still visit me with a tourist visa even while we are doing the K1? Would that be a B2 visa? 

If he was granted a B2, he would tell them it is to visit me, so he wouldn't lie about the fact that he is coming to visit his fiancee.

 

I thought that he wasn't allowed to apply for a visa to visit me when the K1 is in process? 

 

I guess I was wrong. This helps me, and changes everything now... I have a little less fear. So, would it be hard for him to get a B2 visa because of the situation with the ESTA? Or, would they make him fill out a waiver? Or would it simply not matter? He probably won't be able to visit anytime soon as he just got a job, so unless they give him a break, he will be working constantly. I too cannot visit him right now. Not until I finish college since I'm in full time. So, the only option right now is for him to visit me. 

 

I was thinking that if it comes down to us getting a waiver, and they don't grant us the waiver and by that time I'm out of college... I will probably just see if he can petition me from his country for me to go there and get married to him. And then maybe there would be a way for us to sort the mess out, but at least together, to eventually get me and him to go back to America. Is that another possibility if the waiver doesn't work?

Edited April 1, 2017 by amishbaby