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Don't have my US visa yet, don't want to be refused entry, have a valid ESTA, please help me do it right!

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Posted (edited)

I am an Australian citizen and My wife is a US citizen and her visa to stay in Australia expires at the end of may 2019. Her little sister is getting married on the 19th may 2019 in the US. We booked flights to move back to the US together for the 10th may 2019. We hoped to have a visa for me to move to the US by now but we don’t.

I am 13 months into the process of a CR1 visa. My case is currently with NVC and I have uploaded everything via CEAC. haven't got Case Completed yet.

I have been to the US twice before on the VWP and I still have a current ESTA until November this year.

I plan to go to my sister in law’s wedding in the US, I hope to enter the US on my ESTA and return to Australia for my interview once it is scheduled.

I plan to book flights this week to show my trip to the US is only temporary and won’t exceed the 90 days. However I don’t have a date for an interview and hope this week to book a changeable flight or a flight I can cancel and re-book once in the US.

I will be bringing with me the wedding invite, proof of onward travel out of the US back to Aus, a letter from my Australian employer that I will be returning to work here, a letter from my landlord saying I’ll be returning to my residence here and paying rent.

 

Does anyone see any problems with what I’m wanting to do, or have any advice on how to do it better?

Does it sound like i have sufficient documentation for them to hopefully accept me into the states(two letters, wedding invite and flights home to AUS)?

 

(Really don’t want to be refused entry to the US and get sent back to Australia, guessing it wouldn't look good for my visa application.)

Edited by Bocay
didn't ask enough questions

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8 minutes ago, Bocay said:

I am an Australian citizen and My wife is a US citizen and her visa to stay in Australia expires at the end of may 2019. Her little sister is getting married on the 19th may 2019 in the US. We booked flights to move back to the US together for the 10th may 2019. We hoped to have a visa for me to move to the US by now but we don’t.

I am 13 months into the process of a CR1 visa. My case is currently with NVC and I have uploaded everything via CEAC. haven't got Case Completed yet.

I have been to the US twice before on the VWP and I still have a current ESTA until November this year.

I plan to go to my sister in law’s wedding in the US, I hope to enter the US on my ESTA and return to Australia for my interview once it is scheduled.

I plan to book flights this week to show my trip to the US is only temporary and won’t exceed the 90 days. However I don’t have a date for an interview and hope this week to book a changeable flight or a flight I can cancel and re-book once in the US.

I will be bringing with me the wedding invite, proof of onward travel out of the US back to Aus, a letter from my Australian employer that I will be returning to work here, a letter from my landlord saying I’ll be returning to my residence here and paying rent.

 

Does anyone see any problems with what I’m wanting to do, or have any advice on how to do it better?

Does it sound like i have sufficient documentation for them to hopefully accept me into the states(two letters, wedding invite and flights home to AUS)?

 

(Really don’t want to be refused entry to the US and get sent back to Australia, guessing it wouldn't look good for my visa application.)

No one can answer definitely.. but you have a good chance of there bring no problem. 

Worst case scenario of refused entry will have no impact act on your visa application. 

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You seem like you'll be good, but more surprising things have happened. Hope for the best, prepare for the worst.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
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Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
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06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC  - Done in 326 days

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05/10/18 - CSC Signed and received ROC package
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06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
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02/27/19 - Biometrics waived 

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No one can know for sure as it is based on the discretion of the customs officer, but what you’re doing (showing intent to visit according to the terms of your ESTA by bringing ties to home) is all you can do.  

 

A denied entry will not impact your spousal visa.

 

Best wishes!!

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And just a future tip - never book plane tickets without visa in hand. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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