Presidential Proclamation 9993 and ESTA

[Orangesapples 1,954]

23 minutes ago, Bearslayer said:

seems like the only option left. I was gonna do  it eventually but it was not a priority yet as we were focused on getting the trip accomplished that was scheduled from February and everything went to hell from there. 2 months of separation turned to 6 months and now into who knows what. I can't stay in Czech for too long. With her ESTA it was a perfect blend. I could stay for a month or 2 in Czech and she could stay in US for 2-3 months on ESTA. I have ties to US and she has ties to Czech. She has a daughter in Czech and leaving her behind for 3 months was a huge undertaking. Visitation schedule was restructured, we are lucky that everybody involved including her daughter's dad is cooperating.  We had flexibility that was taken away from us in 1 minute by interviewing officer who does not care for any of that and does not want you to demonstrate those ties. I don't know what other ties one has to demonstrate to disprove immigration assumption. The system is discriminatory. At this point, I am not even certain if this event is not the end of my own US journey that started back in 1997. Life is too short to be unhappy.. 

If you're planning on filing, better file now before the fees go up on October 2nd. Of course, it's up to you if you want to stay in the US. That's on you to decide. 

[Bearslayer 1]

4 minutes ago, HRQX said:

It costs no more than $14 to re-apply for ESTA. Whatever Embassy said about her ESTA, it cannot be definitive since ESTA system is managed by CBP.

It shows as approved still. I am not sure if I should reapply for her ESTA since that one answer about visa denial had changed from Yes to No. It is not mandatory. Or travel from another country. Any decision bares risks. I am confident that we have a 99% chance to pass secondary inspection. I discussed this situation with CBP on US side and Visa denial is not necessarily critical in this situation. Getting her on the flight on 10.1. is

[Catia&Sal 20]

On 9/17/2020 at 11:15 PM, HRQX said:

First you should check if her ESTA is still valid after B-1 denial. Call CBP's Traveler Communications Center at (202) 325-5120. If it's still valid, then she should book a trip to the US.

No. Airlines can contact CBP (through RCLG, for example) not the Embassy. CBP manages ESTA system. Follow London's tips: "Do not attempt to check in for your flight online if you have an ESTA registration." https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/ Your wife should carry copies of documents that show your LPR status and your marriage.

 

On 9/17/2020 at 10:18 PM, Bearslayer said:

Does anyone have any experience with a situation similar to mine? I am a US permanent resident since 2001 and my wife is a Czech citizen. US Embassy is refusing to clear my wife to travel under ESTA even when all conditions are met and she is except from travel ban under PP9993. 

my situation was similar, I'm wife of a US citizen and I had a B2 Visa... June 21 I went to Rome airport and  they  refused to board me on the plane. So I wrote to CPB, but I didn't receive answers. My husband called directly CPB in JFK airport (it was my destination), and  they suggested to bring with me a copy of marriage certificate  and the copy of his passport: this time non problems, I was able to leave. I guess that  your wife shoud do this way, because you are in the exceptions of Trump proclamation. I don't think it's matter of Esta or B Visa, but you have to show clearly that your wife is in the exceptions. Good luck   

[Bearslayer 1]

50 minutes ago, Catia&Sal said:

 

my situation was similar, I'm wife of a US citizen and I had a B2 Visa... June 21 I went to Rome airport and  they  refused to board me on the plane. So I wrote to CPB, but I didn't receive answers. My husband called directly CPB in JFK airport (it was my destination), and  they suggested to bring with me a copy of marriage certificate  and the copy of his passport: this time non problems, I was able to leave. I guess that  your wife shoud do this way, because you are in the exceptions of Trump proclamation. I don't think it's matter of Esta or B Visa, but you have to show clearly that your wife is in the exceptions. Good luck   

Thank you, this is very useful. I know for a fact that we would face a denial to board a plane at Prague due to Embassy's mandate placed on airport staff which I've verified. I've checked directly with Warszaw airport's clearing immigration supervisor of border guards and he confirmed that my wife will be allowed to board the plane there. He also confirmed that he does not need to see anything for long as I am accompanying her with my green card. We do have a certified translation of our marriage certificate though. I have changed our tickets to bypass first segment of our flight from Prague to Warszaw and we are traveling to Warszaw via intercity train. I also checked with CBP at Chicago and received confirmation that B2 denial is not automatically canceling previously approved ESTA, and that we should not be denied entry under stated circumstances. We are traveling on October 1 and I will post my experience here.

Thanks you and all who shared their views here. 

It feels like Indiana Jones expedition, really. Its outcome will impact our further decisions significantly. Love is not tourism.

Edited September 21, 2020 by Bearslayer

[Bearslayer 1]

Online check-in triggered ESTA expiration. This is done automatically when an ESTA holder checks-in to board a plane coming to USA from banned country. Regardless of that we were able to board a plane in Warszaw after showing my LPR card and our marriage certificate. Chicago CBP  did not want to admit my wife due to cancelled ESTA. Recent B2 visa denial by US Embassy in Prague was never mentioned. My US permanent residency for 20 years and strong US ties played no effect for CBP and I, as a LPR, was treated rather unfavorably. It was obvious that CBP wanted to disqualify our marriage and to disqualify LPR having the same exception to PP 9993 as USC have. After 6 hrs of negotiations and psychological warfare with 5 different CBP personnel and complying with my phone search my wife was issued B2 visa for 90 days under PP9993 with a visa fee waiver. It was not easy. Definitely the most difficult re-entry in 20 years

Edited October 5, 2020 by Bearslayer

[Bearslayer 1]

I am a bit disoriented now about our next steps. Should we marry again, now in the US. Should I petition for her with I-130 now? I am very concern about my wife receiving a fair treatment at US Embassy in Prague, especially now after Embassy's misleading inconsistent instructions leading to 2 visa applications (B2 and B1) and instant B visa denial. I don't trust that Embassy, it lied to us, lead us to a trap and created unfavorable record. Embassy's efforts to prevent my wife from traveling to USA and killing her ESTA were overruled by CBP who issued B2 on US side. Going back to that Embassy for interview feels like a suicide mission. 

Should I rather apply now for my US citizenship first or do both applications simultaneously? I am glad that we now have a chance to establish some financial commingling during my wife's 90 day stay. But I am concerned about the next steps and best approach. I'd appreciate more advice.  

Edited October 5, 2020 by Bearslayer

[Orangesapples 1,954]

17 minutes ago, Bearslayer said:

I am a bit disoriented now about our next steps. Should we marry again, now in the US. Should I petition for her with I-130 now? I am very concern about my wife receiving a fair treatment at US Embassy in Prague, especially now after Embassy's misleading inconsistent instructions leading to 2 visa applications (B2 and B1) and instant B visa denial. I don't trust that Embassy, it lied to us, lead us to a trap and created unfavorable record. Embassy's efforts to prevent my wife from traveling to USA and killing her ESTA were overruled by CBP who issued B2 on US side. Going back to that Embassy for interview feels like a suicide mission. 

Should I rather apply now for my US citizenship first or do both applications simultaneously? I am glad that we now have a chance to establish some financial commingling during my wife's 90 day stay. But I am concerned about the next steps and best approach. I'd appreciate more advice.  

You're already married, don't marry again. I don't think your wife will have an issue with a spousal visa. If you want her to get a green card, you should definitely file for her but she should go back home when her stay is over 

[SusieQQQ 11,587]

Are there any annotations on her 90-day B visa?

[Bearslayer 1]

21 minutes ago, SusieQQQ said:

Are there any annotations on her 90-day B visa?

The stamp states Admitted under class B2 until January 2, 2020. The document itself is actually Application for waiver of passport and/or visa and it states:

1. the reason I am not in possession of visa: Previously approved for ESTA, cancelled under PP9992. Married to LPR.

2. Application approved, waiver granted under Section 212(d)(4) by authority of port director

Admitted as visitor for pleasure

 

Edited October 5, 2020 by Bearslayer

[Catia&Sal 20]

5 hours ago, Bearslayer said:

I am a bit disoriented now about our next steps. Should we marry again, now in the US. Should I petition for her with I-130 now? I am very concern about my wife receiving a fair treatment at US Embassy in Prague, especially now after Embassy's misleading inconsistent instructions leading to 2 visa applications (B2 and B1) and instant B visa denial. I don't trust that Embassy, it lied to us, lead us to a trap and created unfavorable record. Embassy's efforts to prevent my wife from traveling to USA and killing her ESTA were overruled by CBP who issued B2 on US side. Going back to that Embassy for interview feels like a suicide mission. 

Should I rather apply now for my US citizenship first or do both applications simultaneously? I am glad that we now have a chance to establish some financial commingling during my wife's 90 day stay. But I am concerned about the next steps and best approach. I'd appreciate more advice.  

Happy to hear that you finally arrived to USA! doesn't matter which way, or how was hard (it was, sure), the important is the result. I have a suggestion,  please don't marry again (I mean, you can do if you like,  but  for Immigration it could only create confusion!) We had a second marriage in NY in 2016, because we thought it was a way to have shortly  the social security number, and it was absolutely useless! We have always always used our original certificate, as we married in Italy in 2009. Only you need a certificate translation, and to legalize it by Apostille. The most important thing is how long have you been married.  

Edited October 5, 2020 by Catia&Sal