Will issue with the ESTA affect the U.S. Immigrant visa application? (merged)

[amishbaby 407]

Hi, I would like some input... surely accidents happen but I'm extremely nervous and not sure what to think. I messaged the Sydney Australia consulate this, "I have a question. What would happen if my fiancee accidentally marked "No" to the question on the ESTA on whether or not he had a past refused visa or denied visa because of insufficient funds, and he didn't realize that he checked "No,"instead of the answer "Yes." He was already granted access to the U.S. on the visa waiver program with no problems from a CBP officer when he entered the U.S. to visit me. They took him in for a second interview because originally the return ticket was 3 days over the 90 days, but they allowed him to correct it and let him in the country. So, there was no mention of denied visas or anything... They let him through with no issues. There is currently a K1 visa in the process, that we only just sent out, and we were looking at past documents including the ESTA application and noticed that everything on the application was correct except for this one piece of information. We also assumed everything went smoothly as he was accepted entry into America. Can you please tell me what happens in cases like this? I am very nervous now because of this mistake and the fact that we didn't even notice it until now. It was truly an accident on his part and I would like to know how situations like this are handled when it's not intentional... Is there something I can do, or is there nothing to worry about? Thank you very much for your help and I look forward to your response."

 

And I got this response back, 

 

"Dear Megan Wenner, 

Thank you for writing to the U.S. Visa Service Desk. 

We understand that you would like to know if the issue with the ESTA will affect the U.S. Immigrant visa application of the applicant. 

Please be advised that on the applicant's visa interview, a consular officer will determine whether or not the applicant is eligible for a U.S. visa. We are not able to advise whether or not the applicant is eligible for a visa in advance of the interview. 

We hope this information is helpful to you. 

Please visit https://www.surveymonkey.com/s/gss_australia to share feedback on the services we provide. 

Have a pleasant day!    

Sincerely, 
U.S. Visa Service Desk"

I couldn't get any information, but I want to know if I am getting unnecessarily worried. I don't know how to feel and it's making me feel to the point of sickness. Having anxiety on top of this really doesn't help. I need as much support as possible, anyone?  I sent out the 1-129F petition and they have received it at USCIS. This is going to make me extremely paranoid..... but any helpful input is kindly appreciated. Thanks everyone.

Edited March 31, 2017 by Penguin_ie

[millefleur 5,047]

Since rejected tourist visas don't have any influence, I doubt this situation would either. As long as he's honest about and tells them what happened (if asked) I think it'll be fine.

 

People makes mistakes on the application all the time. The interview provides any chances to clear up any misunderstandings. I wouldn't worry about it too much, he didn't break any laws and didn't overstay, so I'd say it's a non-issue.

[amishbaby 407]

5 minutes ago, millefleur said:

Since rejected tourist visas don't have any influence, I doubt this situation would either. As long as he's honest about and tells them what happened (if asked) I think it'll be fine.

 

People makes mistakes on the application all the time. The interview provides any chances to clear up any misunderstandings. I wouldn't worry about it too much, he didn't break any laws and didn't overstay, so I'd say it's a non-issue.

Hi, thank you for your fast response. I was thinking the same thing, that I might be panicking for no reason. But if they mention anything about it to him, he will definitely be clearing it up with them. Otherwise, we will assume everything is fine. I was thinking the same that people make mistakes. Surely, the CBP officer wouldn't have left him enter the country right? Do they have access to those kind of records (like denied visas)? 

 

Thanks for the help, it's very much appreciated. 

[millefleur 5,047]

Don't worry too much. Trust me, at the interview they will have all the info on your fiance's entry to the US stored there. They know. If they see a discrepancy in the application versus the actual case info, they will probably ask to clear it all up. Honest mistakes happen. I've seen people end up with K-1's who were in much more serious situations. This is really nothing compared to other things that get posted on VJ. Best of luck, I'm sure it'll be fine.

[amishbaby 407]

6 minutes ago, millefleur said:

Don't worry too much. Trust me, at the interview they will have all the info on your fiance's entry to the US stored there. They know. If they see a discrepancy in the application versus the actual case info, they will probably ask to clear it all up. Honest mistakes happen. I've seen people end up with K-1's who were in much more serious situations. This is really nothing compared to other things that get posted on VJ. Best of luck, I'm sure it'll be fine.

 

Thanks so very much!  

[David&Femke 91]

I would not worry about it. I made a mistake on my ESTA in the past and tegnacaly overstayed by 1 day, book a trip for 90 days travel agancy counts the hours and comes to 90 days total as i arive just before midnight and leave just after midnight, cbs counts dates and comes to 91 days.

Next ESTA i filled in NO on the question if i ever overstayed. That was not true but i had no idea i had overstayed utill i was at the boarder, they denied me entrance on my ESTA but gave me humanetarian parole so i could stay for 2 weeks. after that i had to go back to the netherlands to get a B2 visa becasue i unkowingly broke the rules i am not allowed to use the ESTA anymore. But the B2 visa was granted to me and even though i do get pulled out of the line everytime I travel to the US now. after questioning they do let me in.

And i think that if i can get a viseters B2 visa you can defenitly get a K1 visa because trangely enough the B2 gets denied more often then the K1 in coutrys that can travel with the ESTA.

[amishbaby 407]

1 minute ago, David&Femke said:

I would not worry about it. I made a mistake on my ESTA in the past and tegnacaly overstayed by 1 day, book a trip for 90 days travel agancy counts the hours and comes to 90 days total as i arive just before midnight and leave just after midnight, cbs counts dates and comes to 91 days.

Next ESTA i filled in NO on the question if i ever overstayed. That was not true but i had no idea i had overstayed utill i was at the boarder, they denied me entrance on my ESTA but gave me humanetarian parole so i could stay for 2 weeks. after that i had to go back to the netherlands to get a B2 visa becasue i unkowingly broke the rules i am not allowed to use the ESTA anymore. But the B2 visa was granted to me and even though i do get pulled out of the line everytime I travel to the US now. after questioning they do let me in.

And i think that if i can get a viseters B2 visa you can defenitly get a K1 visa because trangely enough the B2 gets denied more often then the K1 in coutrys that can travel with the ESTA.

Thanks for your personal account! I'm glad everything worked out for you fine. I think I was just overthinking things, but sometimes it's good to think this stuff. It allows me to ask others and hear their similar experiences. Definitely a breath of fresh air... thanks again!

[David&Femke 91]

Just now, amishbaby said:

Thanks for your personal account! I'm glad everything worked out for you fine. I think I was just overthinking things, but sometimes it's good to think this stuff. It allows me to ask others and hear their similar experiences. Definitely a breath of fresh air... thanks again!

i untherstand how you feel I worry way to much about things to and it is helpfull in many cases, I think that is just woman mommy instincts. But dont use it on this petition, you have already sent it, it is a really long wait, where you get minimal information from the USCIS, australia is not  a high fraude country, if your relationship is real there is no reason to get denied, unless you have untreated sifelis a serious police record or drugs problem.
All other problems are small and you will get the change to explain them, the worse case senario, is that they request for more evvidence or they take a few weeks more proccesing time after the interview to look in to the ESTA some more. But they will grant it.

[amishbaby 407]

1 minute ago, David&Femke said:

i untherstand how you feel I worry way to much about things to and it is helpfull in many cases, I think that is just woman mommy instincts. But dont use it on this petition, you have already sent it, it is a really long wait, where you get minimal information from the USCIS, australia is not  a high fraude country, if your relationship is real there is no reason to get denied, unless you have untreated sifelis a serious police record or drugs problem.
All other problems are small and you will get the change to explain them, the worse case senario, is that they request for more evvidence or they take a few weeks more proccesing time after the interview to look in to the ESTA some more. But they will grant it.

Nope! That was our only problem. He said he was denied for a visa in the past, but checked the box as no. If they ask him anything at the consulate interview, he's gonna explain to them what happened. But as you said, there isn't a reason to get denied. I've supplied the proof of our relationship, paid the fees, made sure everything had a signature and followed the instructions to the book. I'm just learning about the process of this. I guess there's a lot to learn, huh? Thank goodness for VisaJourney, otherwise I would have been stuck with an attorney. This place is super helpful. How long did you wait to receive an NOA1? They just received mine on March 28th, so it wasn't a while ago lol but I'm curious as to know how long it will take or could take to hear back from them.

 

Thanks again.  

[David&Femke 91]

also they always give these vague responces, that is not just your case. because that person does not have the time to look at your whole case, so they will never tell you that you dont need to worry, becasuse there might be something els wrong or your not telling the whole story, so even if you ask them it is a problem if you dont like johny cash, you will probbaly get an answer like that. they just dont want you to try and get rights from anything they say.

[amishbaby 407]

1 minute ago, David&Femke said:

also they always give these vague responces, that is not just your case. because that person does not have the time to look at your whole case, so they will never tell you that you dont need to worry, becasuse there might be something els wrong or your not telling the whole story, so even if you ask them it is a problem if you dont like johny cash, you will probbaly get an answer like that. they just dont want you to try and get rights from anything they say.

 

Yeah, I had a feeling that I wasn't gonna hear much from them regarding the issue, but it was worth a shot. 

[David&Femke 91]

ooh you should get the paper one 7-10 days after you get the email, nbut for us personaly something went wrong with the mailing the 1st time we dit not hear anything for 4 weeks then we got a mssg that the post office sent it back, then we had to request to sent it again 2 times and we just got it, ours was sent januari 27. so i hope that is not your case but i would not worry about it a lot can go wrong and does, but in the end you wil end up in the same place, you will get your noa1 and 2

 

[amishbaby 407]

1 minute ago, David&Femke said:

ooh you should get the paper one 7-10 days after you get the email, nbut for us personaly something went wrong with the mailing the 1st time we dit not hear anything for 4 weeks then we got a mssg that the post office sent it back, then we had to request to sent it again 2 times and we just got it, ours was sent januari 27. so i hope that is not your case but i would not worry about it a lot can go wrong and does, but in the end you wil end up in the same place, you will get your noa1 and 2

 

Oh wow, that's horrible, but at least you straightened it out. Hope that isn't the case either, just have to be patient I guess.  

But anyways, I wish you the best of luck with everything! 

[David&Femke 91]

thank you, you to, the waiting is really hard it was really starting o break me up about a month ago, because we have not sene eachother sinds october now. but what really helped for us is we planned a vacation for next month.

The waiting is really hard because you dont know what will happen and how long it will take.

When you plan something that is set and you know when it is, it really filles up the waiting gab, becasue you ahve something to look forward to. maybe something to think about. we see it as our early honymoon:P

[David&Femke 91]

5 minutes ago, amishbaby said:

Oh wow, that's horrible, but at least you straightened it out. Hope that isn't the case either, just have to be patient I guess.  

But anyways, I wish you the best of luck with everything! 

also look if your check has been cashed, if they cashed it it has been filed and even if you dont get your nao1 your case is till in the sistem you just have to do some more paperwork to get it after 30 days, but your case is not lost, and will still get worked on when it is your turn.