Jump to content
Sign in to follow this  
karen201

I130 pending and F1 denied

24 posts in this topic

Recommended Posts

Hi, I really need advice on this matter. My F1 got denied last year and the reason was not enough ties in UK. I got married on Oct 2011 and my I-130 is pending from March 2011.

I applied for ESTA in April 2010 and it is valid untilm 2012. My question is:

As my F1 denied, does my ESTA automatically get cancel. Am I not eligible to travel on Visa waiver any more.

Secondly, would my I-130 get effected?

Is there any one in same or simlimar situation please!

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline

Hi, I really need advice on this matter. My F1 got denied last year and the reason was not enough ties in UK. I got married on Oct 2011 and my I-130 is pending from March 2011.

I applied for ESTA in April 2010 and it is valid untilm 2012. My question is:

As my F1 denied, does my ESTA automatically get cancel. Am I not eligible to travel on Visa waiver any more.

Secondly, would my I-130 get effected?

Is there any one in same or simlimar situation please!

On the questionair that you filled in for ESTA VWP it asks have you ever been denied a visa before and if you ticked no then your VWP is granted. You should still be able to travel on VWP but your 130 you will be asked about the F1 denial but should not affect it once you tell them the reason.


Divorced !st November 2012.

Married only 2 years 1 month

Share this post


Link to post
Share on other sites

Right, I am confused when I completed ESTA in april 2010 before F1 denial. I choose No to no visa denial. I logged on to the ESTA website to make make changes to the options I ticked at that time but it doesn't allow me or gives me any options to make changes. Please I really need advice!!

Is there any 1 in the same situation

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

The earlier poster is wrong, if your visa is denied you are not eligible to travel on VWP. Even if you travel based on ESTA that you had before your F1 denial you will be returned back home from the POE.

Your immigrant application is in process and in meanwhile you are trying to enter on F1 and VWP as non-immigrant which immigration does not like since you telling them something on one form and something else on another.

All your attempts on F1 and VWP is seen as you trying to bypass the F2A process time. You will have to wait until your F2A is completed and then you can enter US.

Share this post


Link to post
Share on other sites

On the State Travel website it says, "A recent visa denial for any reason could result in denial of an authorization via ESTA, additional questioning at the port of entry, or denial of admission to the United States." Now that sounds to me like you could still travel on VWP, but may not be successful. Your F1 denial is not totally recent. You would probably be questioned at the port of entry. You would probably have to prove that the reason your F1 was denied is not a reason to deny you entry. So additional ties to the UK, if you have them, would be helpful. Your pending I-130 may help to prove that you are going about immigration the correct way and so will certainly not overstay your welcome on this trip, but that can vary from officer to officer and some will take a pending petition to mean the opposite. (Mainly I think because they don't know much about the immigration process.) If you feel it's worth the risk then you could try flying over. But be prepared for rough questioning and possibly a denial.

You could of course apply for a tourist visa. That is the advice given by the State Department to those who are unsure if they will be able to enter due to a visa denial. However, given that you are currently applying for an immigrant visa, you may be unsuccessful with a tourist visa application. Not sure how they look at it.

As for your I-130 and CR-1 visa application. They will not be affected. :-)

Edited by JoannaV

Share this post


Link to post
Share on other sites

The earlier poster is wrong, if your visa is denied you are not eligible to travel on VWP. Even if you travel based on ESTA that you had before your F1 denial you will be returned back home from the POE.

Your immigrant application is in process and in meanwhile you are trying to enter on F1 and VWP as non-immigrant which immigration does not like since you telling them something on one form and something else on another.

All your attempts on F1 and VWP is seen as you trying to bypass the F2A process time. You will have to wait until your F2A is completed and then you can enter US.

How can you be so sure about it. Is it written anywhere?

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

You have to update ESTA with your denial. Then see what happens.


“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.”

Share this post


Link to post
Share on other sites

Just to add further explanation to my previous reply. I was scared of applying for ESTA again after F1 denial. I re-applied and got approved. So all these people out there. It is always good to try and leave it on God the rest.

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: Canada
Timeline

The earlier poster is wrong, if your visa is denied you are not eligible to travel on VWP. Even if you travel based on ESTA that you had before your F1 denial you will be returned back home from the POE.

Your immigrant application is in process and in meanwhile you are trying to enter on F1 and VWP as non-immigrant which immigration does not like since you telling them something on one form and something else on another.

All your attempts on F1 and VWP is seen as you trying to bypass the F2A process time. You will have to wait until your F2A is completed and then you can enter US.

How can you be so sure about it. Is it written anywhere?

Even if she has an approved ESTA, its still up to the CBP Officer at the time of entry. Officer discretion is a pain in the butt sometimes.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...