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mikediamond

Terminating the visa process.....

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Hi everyone,

I am looking for some advice on a situation.

My wife (USC) and I (UKC) filed for a Greencard in London about 15 months ago. We have been in London now for around 4 years with another 1 year spent in Spain. We have taken such a long time to process the Greencard as we really do not want to leave England/Europe. We applied for the Greencard at a time when we thought that we did want to return to the US, however these feeling only really lasted about 2 weeks (my wife had not been back for around 18 months at this point) and by that time we had already applied and paid the first payment.

The tricky part is as follows:

We are perfectly happy to terminate the entire process but something is still causing a problem; I was actually denied a B2 visa about 4 years ago as I was eligible for the Visa Waiver Program and this the embassy stated was the reason I was denied. I applied for this visa as we wanted to travel around America for 6 months as opposed to 3 months without working as we had saved up enough money to do this, then head into South America. I was completely unaware that as a British Citizen and eligible for VWP I would certainly be refused the B2 visa until I was in the interview and informed of this....! Big mistake on my part.

Now I am not eligible for the VWP and about to terminate an IR-1 application so have not been allowed to even visit for the past 4 years and am concerned for the future, what do I do to simply go on holiday to the US in my position if I do terminate this process?????

Any information and support is welcomed.

Thanks,

Mike

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~Moved from IR1/CR1 Progress to Moving and Traveling During US Immigration Forum~

~Inquiry about future US travel options after voluntary visa termination~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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How do you know you are not eligible for the VWP? Have you tried ESTA?

What stage of the IR1 are you at?

It's not true that citizens of VWP countries are automatically ineligible for the B1/B2. Plenty of people get tourist visas from these countries.

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Hi Lainie,

How do you know you are not eligible for the VWP? Have you tried ESTA?

When I was refused my visa at the embassy this is what the official informed me at the time. I have also spoken to other people that have also been denied this visa and they have stated that they are also no longer eligible for VWP. To try ESTA you need a flight number which requires buying a flight which I am not prepared to do considering the info I have received from others that have been in this position. I have not read any info from anyone that has been denied a visa and are still eligible for VWP. If this is true then please send some links over.

What stage of the IR1 are you at?

We have sent the first packet of info and paid the first amount. We are now required to complete the ds, notice of intent I am not sure of the terms sorry,....medical, interview etc.

It's not true that citizens of VWP countries are automatically ineligible for the B1/B2. Plenty of people get tourist visas from these countries.

This info is from the official at the embassy that denied my visa and from numerous people that I have met and also from other forums. Many people may have been granted these visas but I was not one of them and now I am asking what are my options to travel. Again if you know of any info that exists of young British people (not retired) that are eligible for VWP that have been given the B2 visa then please send over any info you have seen....

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I'm just trying to help you out here. A visa denial 4 years ago doesn't make you ineligible for the VWP life. I'm not going to search through VJ to show you specific examples, but this is from travel.state.gov:

http://travel.state.gov/content/visas/english/visit/visa-waiver-program.html

"A recent visa refusal for any reason could result in denial of ESTA authorization"

They use the words "recent visa refusal" and "could result in denial", not " a visa denial at any time of your life" and "will result in denial of ESTA"

You don't need to purchase a ticket to try the ESTA. You don't even need the flight details, that part is optional. Scroll down to part 1.1.1.1.3 "travel information" at:

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

I encourage you to just try ESTA and see what happens. It only costs $14 and may put your mind at rest.

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