I130 pending and F1 denied

[karen201 0]

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!

[Barbara J 115]

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.

[karen201 0]

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

[Harsh_77 716]

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.

[JoannaV 173]

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 June 10, 2011 by JoannaV

[Karen2011 0]

Thanks for your detail answer Joanna. I have emailed ESTA and hopefully will go by that. Thanks

[Karen2011 0]

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?

[Boiler 43,433]

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

[Karen2011 0]

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

There is no option to update ESTA on the website..Any one tried differently?

[Karen2011 0]

I re-appied for ESTA and it shows pending. Any1 has an idea?

[Karen2011 0]

I reapply for Esta AND TICK F1 DENIED.iT SHOWED PENDING FOR FEW HOURES AND THEN i GOT THE MESSAGE THAT IT IS APPROVED. DO YOU THINK IT WOULD BE SAFE TO TRAVEL?

[Karen2011 0]

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.

[Sc0tt28 26]

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.

[Karen2011 0]

yes, you are right but some people manage to travel while pending. It is really down to luck.

[Mrs S91 0]

wow! i am surprised you got approved. I applied under ESTA and travel was not authorised last month and my denial was last year under the same F1 being denied. maybe it is due to luck.