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Anikka

ESTA DENIED

By Anikka in Tourist Visas

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Anikka Contributor

Anikka   6

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Filed: K-1 Visa Country: United Kingdom
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My partner’s ESTA has been denied and we aren’t given a reason why. We have flights booked to the US (I’m American) and we had no trouble getting her ESTA approved before. Does anyone have any advice on what to do? We have delayed our flights by one week but now I think I might be travelling back on my own..

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Anikka
Anikka

Hmm, before you become completely judgmental and assume - she was only in the US for 4 hours past the “90 day” timeframe. Excuse me for thinking that it wouldn’t be enough to deny a new ESTA.  

Anikka
Anikka

She spent 91 days in the US. We had the flights booked and the date on the ESTA was one day after the ESTA.

Boiler
Boiler

It could have been 4 minutes, look at the VWP qualifications, she was never eligible to use the VWP.   Loads of people on here have visited multiple times whilst their K1 was in process.

Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
29 minutes ago, Anikka said:

My partner’s ESTA has been denied and we aren’t given a reason why. We have flights booked to the US (I’m American) and we had no trouble getting her ESTA approved before. Does anyone have any advice on what to do? We have delayed our flights by one week but now I think I might be travelling back on my own..

Sorry to hear this, but Denied ESTA cannot be appealed.  She needs to apply for a visitor visa.  The reality is that there is very little chance a visitor visa will be approved.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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powerpuff Veteran

powerpuff   6,686

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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Since there’s no appeal for a denied ESTA, I’d advise to get a refund for the airfare or electronic credit for your partner and and use that to plan a vacation for elsewhere for next time.

 

 

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Sammy_2496 Explorer

Sammy_2496   116

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Did she overstay her previous ESTA? 
You cannot appeal an ESTA denial unfortunately, so your partner will have to try a B2 visa…. But i doubt she will get one. Try getting a refund on your flight and you should go and visit her. Realistically, she will have to apply for a fiance or spouse visa in the future.

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Mike E Grand Master

Mike E   11,739

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1 hour ago, Anikka said:

Does anyone have any advice on what to do?

In the psst year how many days has she spent in the U.S.?

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CMJuilland Collaborator

CMJuilland   485

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Did any of your partner’s answers to the ESTA questions change since their last application? Has he/she visited any country on the travel restriction list? These would be Iran, Iraq, North Korea, Syria, Libya, Somalia, Sudan, Yemen, and Cuba if I’m not mistaken. 

 

ROC: 

12/30/2019 package sent to Texas Lockbox via USPS 

12/31/2019 package arrived at Texas Lockbox 

01/02/2020 package signed for

01/04/2020 $680 charged on credit card

01/06/2020 text message and email with case number received

01/09/2020 extension letter received; notice date: 01/03/2020

02/22/2020 biometrics appointment letter received 

03/06/2020 biometrics appointment 

08/09/2021 I-751 approved

08/16/2021 Green Card received

 

Naturalization:

12/29/2020 application filed online and receipt number received 

01/04/2021 hard copy NOA1 received 

02/27/2021 electronic biometric reuse letter received

09/19/2021 interview scheduled - electronic notice received 

09/27/2021 hard copy interview notice received (issue date: 09/21/2021)

10/27/2021 interview (10.40am), approved

11/06/2021 oath ceremony (7.30am) 

 

I AM A U.S. CITIZEN!!!!! 

 

Passport:

11/08/2021 appointment at USPS (2.00pm)

11/16/2021 money order cashed, passport “in process” (locator 69)

12/02/2021 approved and shipped

12/04/2021 passport book delivered

12/13/2021 passport card and NC delivered 

 

 

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Anikka Contributor

Anikka   6

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Filed: K-1 Visa Country: United Kingdom
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17 minutes ago, CMJuilland said:

Did any of your partner’s answers to the ESTA questions change since their last application? Has he/she visited any country on the travel restriction list? These would be Iran, Iraq, North Korea, Syria, Libya, Somalia, Sudan, Yemen, and Cuba if I’m not mistaken. 

 

No the answers didn’t change and she hasn’t been to any of those countries.

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Just now, Anikka said:

No the answers didn’t change and she hasn’t been to any of those countries.

Any chance that she violated the law, and a background check now shows it?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Anikka Contributor

Anikka   6

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Filed: K-1 Visa Country: United Kingdom
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38 minutes ago, Mike E said:

In the psst year how many days has she spent in the U.S.?

She spent 91 days in the US. We had the flights booked and the date on the ESTA was one day after the ESTA.

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Anikka Contributor

Anikka   6

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1 hour ago, Sammy_2496 said:

Did she overstay her previous ESTA? 
You cannot appeal an ESTA denial unfortunately, so your partner will have to try a B2 visa…. But i doubt she will get one. Try getting a refund on your flight and you should go and visit her. Realistically, she will have to apply for a fiance or spouse visa in the future.

She overstayed by one day. We have a K1 fiancé visa processing and it’s recently been approved by USCIS as of February this year. 

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Anikka Contributor

Anikka   6

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Filed: K-1 Visa Country: United Kingdom
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1 hour ago, Misscloud said:

does ur partner ever overstay while using ESTA?

She overstayed by one day because we thought we counted the 90 days correctly but then the ESTA said one day difference than when the return flight was booked.

2 minutes ago, Crazy Cat said:

Any chance that she violated the law, and a background check now shows it?

No.

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Sammy_2496 Explorer

Sammy_2496   116

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Country: United Kingdom
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Just now, Anikka said:

She overstayed by one day. We have a K1 fiancé visa processing and it’s recently been approved by USCIS as of February this year. 

Yes then that’s the reason it was denied. No worry though, it wont affect the K1 and since you were just approved you guys will be together very soon! Congratulations 😄

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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10 minutes ago, Anikka said:

She spent 91 days in the US. We had the flights booked and the date on the ESTA was one day after the ESTA.

 

8 minutes ago, Anikka said:

She overstayed by one day. We have a K1 fiancé visa processing and it’s recently been approved by USCIS as of February this year. 

ESTA is gone forever.

 

Apply for a B visa but given the over stay, I think it is unlikely to be approved.

 

It is looking like marriage and an immigration visa. Since her overstay was just a day, she does not have a ban.

 

 

Edited by Mike E
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Anikka Contributor

Anikka   6

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Filed: K-1 Visa Country: United Kingdom
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6 minutes ago, Sammy_2496 said:

Yes then that’s the reason it was denied. No worry though, it wont affect the K1 and since you were just approved you guys will be together very soon! Congratulations 😄

Thank you 🤗 We filed in September 2021 and have only just been approved. Still waiting on NVC to be able to move forward with the interview 🥲

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