Suggestions needed

[heldenhafte 56]

Hey there helpful community,

 

I need advice or suggestions:

Here is my our story in short.

Filed K1, approved, moved to the US, got married, got my 2 yrs. green card.

4 months before my green card expired I moved back home and my wife and I went back to long distance for personal reasons.

I send my green card back in with the right form, explaining the situation (and that I won't be able to spend 181 days in the US)  and that we would continue our journey in about 2-3 yrs.

I dient know about the re-entry permit, so didn't ask for it.

Now I applied for ESTA to see her, but got denied. My status hasn't changed yet? How long does it take in general?

And now I am worried that we won't be able to apply for an IR1 in 1,5/2 yrs.

 

Any suggestions/advice?

What would be best for us?

 

Thanks in advance.

[Redro 4,611]

11 minutes ago, heldenhafte said:

Hey there helpful community,

 

I need advice or suggestions:

Here is my our story in short.

Filed K1, approved, moved to the US, got married, got my 2 yrs. green card.

4 months before my green card expired I moved back home and my wife and I went back to long distance for personal reasons.

I send my green card back in with the right form, explaining the situation (and that I won't be able to spend 181 days in the US)  and that we would continue our journey in about 2-3 yrs.

I dient know about the re-entry permit, so didn't ask for it.

Now I applied for ESTA to see her, but got denied. My status hasn't changed yet? How long does it take in general?

And now I am worried that we won't be able to apply for an IR1 in 1,5/2 yrs.

 

Any suggestions/advice?

What would be best for us?

 

Thanks in advance.

If the ESTA was denied you can apply for a B1/B2 visa. 

And do not worry if the B1/B2 is denied. 

Many people are unable to travel to the US as non-immigrants because of their ties to the US (The US assumes you are going to stay and not go back home).

But, this does not impact their ability to obtain an immigrant visa. 

 

How long do you plan on staying long distance? Current the IR1 visa is taking on average 1.5-2 years... if you think you want to move in 2 years you should consider starting the process now. Then you can delay at NVC stage. If you only want to move in 4 years or so you can apply in a year or so... 

[Timona 4,207]

B-2 will likely get denied too. You've already shown immigration intent, contrary to what B2 is for.

 

File IR-1

[Crazy Cat 41,856]

4 hours ago, heldenhafte said:

And now I am worried that we won't be able to apply for an IR1 in 1,5/2 yrs.

A denied ESTA application, a surrendered Green Card, or a denied B2 should NOT have negative effect on an IR-1 application.  

Edited June 7, 2022 by Crazy Cat

[jan22 3,056]

2 minutes ago, Crazy Cat said:

A denied ESTA application, a surrendered Green Card, or a denied B2 should have negative effect on an IR-1 application.  

I think you left a very important "not" out your response -- ". . . should NOT have negative effect. . ."!

[Crazy Cat 41,856]

Just now, jan22 said:

I think you left a very important "not" out your response -- ". . . should NOT have negative effect. . ."!

You're right....LOL...Thanks,,,

[jan22 3,056]

Just now, Crazy Cat said:

You're right....LOL...Thanks,,,

As one of the world's worst proofreaders of my own typing -- you're welcome!

[African Zealot 1,455]

20 hours ago, Timona said:

B-2 will likely get denied too. You've already shown immigration intent, contrary to what B2 is for.

Disagree. Immigrant intent died when he voluntarily relinquished his permanent residency.

 

Apply for the B visa. Unless you make some mistakes, I expect an approval. ESTA denied you because it doesn’t look in-depth at your profile and history like a consular officer will. ESTA didn’t consider you voluntarily relinquished your permanent residency.

 

Good luck!

Edited June 8, 2022 by African Zealot

[heldenhafte 56]

Thank you all. 
I think I’ll wait a few more weeks and will apply for ESTA again. Maybe status changes then, if not I’ll try the B2 route as we won’t to wait till end of this year/beginning next year to even start the IR1.

 

You all are amazingly supportive! 
take care.