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

[Suss&Camm 2,213]

4 minutes ago, amishbaby said:

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? 

Yes B2

4 minutes ago, amishbaby said:

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.

He would have 2 obstacles. One, the "lie" on the previous visa application, but as previous poster said, that can be over come, and two prooving that he is going to return, the job helps with that part.

4 minutes ago, amishbaby said:

 

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

Yes he can. He just needs to prove that he's not intending to stay, marry and adjust.

4 minutes ago, amishbaby said:

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?

Again, previous poster had experience with this. 

4 minutes ago, amishbaby said:

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 me 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?

I think you need to slow down.  You're getting way ahead. First, there is no reason why you guys wouldn't be granted a waiver, unless there are concerns you don't know or haven't shared. Second, you moving there to get married doesn't change the past. The potential misrepresentation would still exist as would the eligibility as a spouse for a waiver. With moving there you would create other issues to get over when moving back such as the sponsoring of your spouse on the i-864 that requires US based income and having to establish domicile. Just hang tight and stay the course is my advice.

[amishbaby 407]

19 minutes ago, Suss&Camm said:

Yes B2

He would have 2 obstacles. One, the "lie" on the previous visa application, but as previous poster said, that can be over come, and two prooving that he is going to return, the job helps with that part.

Yes he can. He just needs to prove that he's not intending to stay, marry and adjust.

Again, previous poster had experience with this. 

I think you need to slow down.  You're getting way ahead. First, there is no reason why you guys wouldn't be granted a waiver, unless there are concerns you don't know or haven't shared. Second, you moving there to get married doesn't change the past. The potential misrepresentation would still exist as would the eligibility as a spouse for a waiver. With moving there you would create other issues to get over when moving back such as the sponsoring of your spouse on the i-864 that requires US based income and having to establish domicile. Just hang tight and stay the course is my advice.

My concern as to why we wouldn't be granted a waiver is because you have to prove extreme hardship, and as I have been reading on the forums it's not easy. I'm concerned that what I give him to prove this "extreme hardship," wouldn't be enough, so then they would deny our waiver anyways. It seems like getting approval for a waiver is low, or is it less difficult than I think it is? 

 

But as for that last part, I would be able to establish domicile, and would have someone to be our sponsor for the i-864 to meet the income requirements, so that wouldn't be the issue. But I'm not going that route anyways... I'm just trying to get as much information as possible. The thing that is making me scared and looking into all this is not knowing if we will have to go through this waiver process, and if so, we will just get an attorney but still, not knowing if we will be approved or denied scares me. What would happen anyways if you got denied for a waiver? What would you even do in a situation like that anyways? 

 

Thanks for your help and advice though.