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Movealong

ESTA After a Withdrawn I-130? Please Help!

By Movealong in Tourist Visas

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Movealong Newbie

Movealong   0

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Hello all! 

 

My husband (UK citizen) and I (US citizen) are currently living together in the UK and sent in an I-130 petition in May 2021, it stil hasnt been approved. 

 

Due to family, financial, and other reasons, we have decided to live together and remain in the United Kingdom and are no longer wishing to immigrate to the US. 

 

We have sent a withdrawal letter to USCIS with the reason stated above to withdraw our petition since we no longer wish to move. I am currently trying to understand how this can impact my husbands ability to visit the US in the future. 

 

Our withdrawal hasnt been processed yet, but if it is successfully withdrawn, will he have trouble applying for an ESTA in a few years time when we go to visit my family for a few weeks? 

 

What if our petition is sent to NVC before our withdrawal is processed? Will he then have a denied visa in his record and impact his ability to get an ESTA? 

 

My husband has never lived or worked in the US. He has only been to the US two times previously with an ESTA visiting for two weeks, so has never overstayed or anything like that.

 

We will have proof of an owned house in the UK with both our names on the mortgage and stable jobs in the UK which we could easily get letters to demonstrate an intent to return to the UK.

 

Any help from personal experiences/knowledge would be helpful. We are scared he might not be able to visit the US anymore due to previous immigrant intent. 

Edited by Movealong
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Boiler Grand Master

Boiler   45,907

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Filed: K-1 Visa Country: Wales
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Even if you had not withdrawn the I 130 and he applied for ESTA today normally it would be approved.

“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.”

Movealong Newbie

Movealong   0

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10 minutes ago, Boiler said:

Even if you had not withdrawn the I 130 and he applied for ESTA today normally it would be approved.

Thank you for this! Do you happen to know what would happen if our petition made it to the NVC stage and was withdrawn from there in regards to getting an ESTA?

Boiler Grand Master

Boiler   45,907

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Filed: K-1 Visa Country: Wales
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No difference

“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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