ESTA - marriage & pregnant

[Nicky83 1]

ESTA - Convictions and pregnant

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ESTA - Convictions and pregnant

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  #1  

Nicki83 , Today 6:47 pm

Just Joined

Keeping this short as possible . But more than likely not :
But im looking for advice . Not to be Judged .

i enter the USA 6 year ago . Carried on nursing and gaining even more qualifications and i have 2 years left before being a GP hopefully .
IVe been a nurse for over 20 years with alot of qualifications in both the USA and UK

Easy for me to come to the USA as my mum is British and my late father was Spanish . Part of the home guard and they travelled the world which led to me being born in the states.
my parents still have properties in the USA . I have recently relocated to just out side vegas on a new hospital contract where i am staying with my aunt untill i sort my own place.

met my other half online 6 month before lock down . He visited me . Straight through no issues on ESTA.
Just before lockdown he reaplied for his ESTA which was due to expire and he was good again with a new ESTA.

I want to bring my other half to the states . Finnish  my GP course then look at relocating back to the UK. I have bought some land near vegas from my mum and plan to build something there for our future . Possibly some time in UK and time on the USA .
I earn a decent wage and know i can sponsor my other half

But...

I have visited the UK a few month ago and although we are happy to say that im pregnant we are also in a bit of a panic and may lead us to just leave the USA give up everything

Problems .

Over 20 year ago my other half got into trouble with police . Non of which he is proud of and we cant turn back time
DOI and did serve time. 6 weeks

Another driving while disqualified and another 6 weeks ..
after a messy break up with his daughters mum where he was refused access to his child . Again no excuse but it happend.


ABH charge where a man tried to assault his ex girlfriend while pregnant and my other half protecting her and he got charged that was 24 year ago

He is 45 and these happend over 20 years ago .
Without him realising he thought those would be spent convuctions . On esta he said no.

Hasnt been an issue untill now .when i was reading online and  pointed it out to him where we both are now at panic stations .

He usually flies from Dublin to the USA cheaper for us but also US immigration is done this side not when in the states unless that has now changed .

If he uses the current still valid ( on paper ) ESTA . ESTA visits me and i propose to him.
He doesnt know i am thinking about this.

This is a IF....


would this make him even less likely for a waiver?

I know having a child wont give him any right to be here but i need him here to support me and our baby .

If he cant work then atleast he can take care of our baby while i work .

I do not want to fly now and hope when things open up he can visit . If he applies for a visa and shows his records yes he could be denied and we know it could take over a year .

I do not want to give up my hard work and gp training in the USA unless i realy have to .But i will if there is no other option.
To have my other half with myself and baby we will do whats needed but the sooner we can be together is what i need for my health and our baby.

He isnt looking for a green card . Just to be with his family while i finnish my training and go from there.

 

Personally i think we are screwed ( literally ) if he applies for a visa now it could take over a year minimum to get him over and loose time with his child as well . He may not get granted access atall 

 

 

If he comes over and i have the baby . We return to the uk to marry . I then return to the USA . Work and be more or less a single mum for a minimum of a year and looking more like closer to 2 years . 

But again if we do the above either way they going to see he has travelled with a ESTA wheather he intentionally lied or not regarding his record and that be grounds for not letting him in 

 

Thanks in advance and please no judging . Just trying to find best options / answers but i do think we will have to give up hope of being in the usa together and both move back to the uk permanently.


Thanks Nicky x

[Lemonslice 4,792]

Plenty of single mothers use daycare, should his visa be denied, you do have solutions - don't be too pessimistic about your training and life in the USA for the next couple of years, you'll manage.

[Nicky83 1]

Thanks for the reply .

We think we know where this is going and need to make decisions asap . 

Cant keep our baby away from its father so its looking more like leave the USA asap and see what the future brings .

I plan to be married before the baby is born any how

Yes child care is available but its no substitute for a father at home . 

Edited August 29, 2021 by Nicky83

[Ontarkie 14,190]

~~MOved to What Visa DO I Need, from Bringing Family of USC - as the OP has not started any process yet.~~

[Boiler 45,292]

Timeline to sponsor a spouse is about 18 months, fiancée is not much different currently and anyway you want to get married.

 

For the US you most likely can add on a year for a waiver. So do not see how the US option is practical.

 

Sounds like a waiver could be done DV would be my concern 

[Nicky83 1]

Again thanks for the info ... i know not all concrete but handy to knkw . I think this is where we are 

 

Seems the only options really are

1. He applies for an actual visa which would take 9 month minimum and even then it could be longer given the current situation and even then he could get refused which would leave me no option but to quit nursing here along with my GP certification im working towards .
I had no intention of flying while pregnantand most certainly wont fly untill our child is atleast 1 year old minimum and it wouldnt be fair on the childs father to not be with myself and child so i may have to reconsider that one

2. If he flies over. We marry after 90 days regardless of whats said he wouldnt get away with saying that he didnt realise spent convictions in the UK still count in the USA and that not allowing him to stay would cause hardship on his family when married

3. Regardless of any of the above if he applies for a visa and they see he has ESTA we would be lead to belive he has intentionaly lied on his aplication which although not true they would still see it as a lie on a visa application etc

4. If he came here and we marry and apply AOS we are still stuck due to the original ESTA problem

5. The baby is born and he is here on ESTA. we decide to fly and marry in the UK . I return back to the USA to work and look after our child alone . he still cant come over for atleast 1 year while waiting for a spouse visa ? Isnt it even longer now ?

6. I think we have no option but to return full time to the UK . My other half has lost 15 years of his first child in the UK growing up due to laws and restrictions at the time regarding he wasnt married to the mother and the child didnt have his surname.
the mother refusing to give him access unless he went back to her .
i most certainly wont put him through that again

if we go down the visa route now he prob wont get anywhere for well over a year and while waiting for a visa he will have no means of seeing his child . I would have to return to work more or less immediatly after having the child. Which is where i would need my partner. Other wise we would have hard ship with out him here.


Thanks so much for the replies . I think they have made the decision how ever hard . To leave the USA

[SalishSea 17,736]

2 minutes ago, Nicky83 said:

GP certification im working towards .

I don't understand this.  Are you currently in medical school?  It's not exactly a certification.

[SalishSea 17,736]

3 minutes ago, Nicky83 said:

Again thanks for the info ... i know not all concrete but handy to knkw . I think this is where we are 

 

Seems the only options really are

1. He applies for an actual visa which would take 9 month minimum and even then it could be longer given the current situation and even then he could get refused which would leave me no option but to quit nursing here along with my GP certification im working towards .
I had no intention of flying while pregnantand most certainly wont fly untill our child is atleast 1 year old minimum and it wouldnt be fair on the childs father to not be with myself and child so i may have to reconsider that one

2. If he flies over. We marry after 90 days regardless of whats said he wouldnt get away with saying that he didnt realise spent convictions in the UK still count in the USA and that not allowing him to stay would cause hardship on his family when married

3. Regardless of any of the above if he applies for a visa and they see he has ESTA we would be lead to belive he has intentionaly lied on his aplication which although not true they would still see it as a lie on a visa application etc

4. If he came here and we marry and apply AOS we are still stuck due to the original ESTA problem

5. The baby is born and he is here on ESTA. we decide to fly and marry in the UK . I return back to the USA to work and look after our child alone . he still cant come over for atleast 1 year while waiting for a spouse visa ? Isnt it even longer now ?

6. I think we have no option but to return full time to the UK . My other half has lost 15 years of his first child in the UK growing up due to laws and restrictions at the time regarding he wasnt married to the mother and the child didnt have his surname.
the mother refusing to give him access unless he went back to her .
i most certainly wont put him through that again

if we go down the visa route now he prob wont get anywhere for well over a year and while waiting for a visa he will have no means of seeing his child . I would have to return to work more or less immediatly after having the child. Which is where i would need my partner. Other wise we would have hard ship with out him here.


Thanks so much for the replies . I think they have made the decision how ever hard . To leave the USA

He cannot fly here on an ESTA with any type of preconceived notion to try to adjust status.  That is FRAUD.

 

Not sure which visa you think will take 9 months, but any immigrant visa will take significantly more time than that.

[Nicky83 1]

Nope i am not in med school .

Ive been nursing for over 20 years . Had management roles in hospitals and went back to nursing . Had offers of other higher roles but my goal is GP which i am training for now along with my normal work 

[SalishSea 17,736]

Just now, Nicky83 said:

 

 

GP meaning "general practitioner," meaning a physician?  Or do you somehow mean ARNP?

 

Just now, Nicky83 said:

Nope i am not in med school .

Ive been nursing for over 20 years . Had management roles in hospitals and went back to nursing . Had offers of other higher roles but my goal is GP which i am training for now along with my normal work 

 

[Nicky83 1]

We are just running through options . Right or wrong. 

Like we said on our initial post we are not wanting to be judged just try get a clearer picture . But if it means i leave the USA to keep my family together i will. 

[SalishSea 17,736]

I don't understand how he was able to get an ESTA with a criminal history, assuming he was truthful on the DS-160.  

[HRQX 4,145]

41 minutes ago, Nicky83 said:

Without him realising he thought those would be spent convuctions . On esta he said no.

He should submit a new ESTA application and answer "Yes" to the appropriate questions: https://esta.cbp.dhs.gov/faq

When do I need to reapply for an ESTA?

A new travel authorization may be required in any of the following circumstances:

• The traveler is issued a new passport
• The traveler changes his or her name
• The traveler changes his or her gender
• The traveler's country of citizenship changes; or
• The circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed.

Travel authorization approvals will typically be granted for a period of two years or until the applicant's passport expires, whichever is sooner. ESTA will provide validity dates upon approval of the application. Therefore, a traveler must apply for a new travel authorization when a prior ESTA authorization or an applicant's passport expires. The associated fee will be charged for each new application submitted.

[Nicky83 1]

General practitioner 

[SalishSea 17,736]

Just now, Nicky83 said:

We are just running through options . Right or wrong. 

Like we said on our initial post we are not wanting to be judged just try get a clearer picture . But if it means i leave the USA to keep my family together i will. 

I am not judging when I saw that arriving on an ESTA with a plan to stay is fraud.  I am stating a fact of US immigration law.