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CadillacGirl_1966

Not sure where to post - ESTA revocation

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The plan now is I go to see him in february for a couple weeks. We will make sure we same everything like boarding pass and reciepts and take lots of pics to be able to fulfill the proof of relationship requirement. But we have all that from last time he was here except I dont think he saved his boarding pass. We have pics and videos and all that... even my friend filmed the proposal which was just supposed to be a video of our reunion but turned into a proposal vid. We have plenty of proof we are real... Am I able to sponsor him? Thats another question. We'll see.. I hope you guys are right. I just dont want the esta to have been taken for a reason that will hurt us later on ya know?

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like his past travel history, if he has no money how come he could stay so long?

 

Most people DIY, certainly on here, it is not that difficult if you put the time in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Well when he was here in september he had a work visa, a P1. Before when he was staying at 90 day stretches he would obviously have made money before he left.  Otherwise I'm assuming they wouldnt have let him in. Honestly I think you are righ about the travel patterns. They probably just want him to get a regular B2. He's freaking out about it though, he's very sad because of the timing. I'm trying to be strong about it but it's hard. I am going to get together everything I can in order to file the K1 as soon as I get back from visiting him in febuary. We want to be able to spend next christmas together here. I'm getting a printer/scanner just to make things easier. I hope the process will go smoothly as we have decided not to go the lawyer route now. It puts a lot less pressure on us financially as the one we had wanted $5500 to help us with the k1!

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Has he actually checked online at the current ESTA status? Link HERE

 

CBP officers can - and do - lie.

 

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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I don't think the officer would be lying here.. more like a misunderstanding by the gentleman or mis-statement on the part of the officer. If he was bounced at the border, then yes the ESTA could no longer be used as it goes hand in hands with the VWP. The ESTA gets him on the plane, the VWP gives him the visa-free visit. To be fair though, perhaps Boiler could answer this question -- if he already had a work visa, would this not sort of already revoke the VWP anyway? Like if you just decided to get a B2, would you be able to randomly use the VWP in tandem or does one privilege erase the other? Perhaps this was how the officer looked at it? Isn't it like if you had a K1 or spousal, you wouldn't be able to use the VWP anymore either?

 

At any rate -- there shouldn't be any reason why the couple shouldn't be able to apply for a K1 or spousal if they want it.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: K-1 Visa Country: Wales
Timeline

No limit to the number of visa's you can have, the P1 covered activities not permitted by the VWP.

 

Common when bounced to tell someone you can apply for a B, of course you can, getting one is another issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The P1 was already expired when he went to come back into the states. It was only for that one time he was here in september.

 

I will have to go visit now that  his ESTA was taken away. We probably wont get a B2 and I really dont want to bother applying and then being denied. Thing is, what do I tell the british boarder? If I tell them I am coming to visit my fiance, are they going to freak out? 

 

Our plan for february is for me to come visit for like a week. I would fly into manchester and we would stay in a hotel a couple of nights. Then he wants us to go see his friends in amsterdam and stay with them like the rest of the time. Are they gonna give me a problem if I have a flight out of there instead of out of manchester back home? Should I come back on the ferry to fly out of manchester? Will they give me a problem on the ferry going over to another country while I'm there? I know the laws are changing fast and I havent been over there since 2011...

Edited by CadillacGirl_1966
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Filed: K-1 Visa Country: Wales
Timeline

You will not be the first visiting their fiancee.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, Boiler said:

You will not be the first visiting their fiancee.

Nor to ignore pertinent questions from people trying to help...

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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oh I see it now. You know since this has happened I've been running around like a chicken with its head cut off trying to figure this out so missing your question wasnt on purpose. I didnt ignore it. 

 

Yes he has checked his esta status over and over again. No change. Someone had posted somewhere about reapplying after 10 days but if the situation had not changed it probably wouldnt go though. His friend suggested he try getting another passport and applying then, but I dont think that is a very good idea at all.

 

We looked into several options. With the CR-1 we'd have to get married first and I would have to either get a marriage visitor's visa to the UK which I'm told is difficult (and I would have to wait months and visit twice to get) or get married in mexico which would cost us quite a lot. The CR-1 was attractive to us because we didnt want to have to wait for him to be able to work/leave the country after getting married. I was not aware until yesterday that he could apply for an EAD and advance parole. Since he is a musician his livlihood depends on him being able to tour europe and play shows. But if we had to he could just work in the US until we get AOS for him.

 

So after going back and forth about our options for quite a few days now we've settled on the K1 because I'd like to have a nice, unrushed wedding that my family can come to. It may take longer in the long run but we really just want to be together in any way we can. I know it's going to be tough with the details. We were together from 2009-2012 and then split up. We will have to explain that.. and why we got engaged so quickly after reconnecting after only 3 weeks. We will have to explain the age gap (he's 26 years older than me). We have a huge uphill battle. I came here to get help and answers. I've never done this before so its a huge learning curve. 

 

He's still going to fill out the redress form for the esta thing. We dont expect a response. 

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Filed: K-1 Visa Country: Wales
Timeline

I did the K1, it is a bit quicker now, the pain in the but is waiting for the EAD but may not be an issue in his case. And seems he was able to spend frequent 90 days visiting the US before.

 

London is pretty easy, not likely any of the issues you are concerned about will arise.

 

You have known each other for nearly 10 years

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes we have. But we were not together for 5 of those years.  Wont they ask what happened in between that time? For us, when we reconnected, yeah we had a few things we needed to talk about.. but essentially it was like starting right where we'd left off. Together we have always been really intense and now is no exception except to say that it's even better now than it's ever been. One of the reasons we split up before was because he was separated from his wife but not legally divorced and he just didnt see a future for us so many miles away. His divorce was finalized in 2015 so now he is free to marry. He's twice divorced though, so we will have to get the decrees from both. As I said... uphill battle lol

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Filed: Citizen (apr) Country: Ukraine
Timeline
13 minutes ago, dentsflogged said:

How many trips is too many? And who decides that?
 

Well definitely NOT ME.  CBP at POE decides.  I'm sure they have some guidelines as what how many trips is too many.  

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