to ask the passport be returned

[portorusa 431]

My husband has a valid ESTA. At the moment his passport is kept by the Paris Embassy post-interview due to AP. The AP takes longer time than we anticipated, and we suffer being separated for God knows how long. Question 1: Can my husband ask for his passport back? It's not an emergency, he just wants to visit his wife. Question 2: As his 221 (g) is due a missing document, the AP does not eradicate his ESTA and makes it invalid, does it?

Edited January 2, 2020 by portorusa

[Boiler 43,425]

So the visa is currently refused?, has he updated ESTA?

[portorusa 431]

His ESTA is valid till July 2021. About "refuse", yes - it's a soft refuse, due to missing document. The document had been submitted but still no news from the Embassy. Does AP eradicates ESTA or not?

[Boiler 43,425]

AP does not, sounds like he just needs to update ESTA with the refusal.

[portorusa 431]

How does he updates it, online?

[SorrowL 138]

8 minutes ago, Boiler said:

AP does not, sounds like he just needs to update ESTA with the refusal.

I don’t think ESTA specifically asks for visa refusals, only for denials. 

 

6 minutes ago, portorusa said:

How does he updates it, online?

ESTA only asks for denied visas. As far as I know a Refusal is not a denial. The ESTA shouldn’t be effected, but he has shown intent to immigrate, so getting in may require a lot of convincing. 
 

I could be wrong though.

Edited January 2, 2020 by SorrowL

[portorusa 431]

getting in May? He wants to come to visit me now, in January. Why May?

[portorusa 431]

As to his intent to immigrate, it is shown since November 2018 when I applied for CR1 for him. Since then he used his Esta 3 more times, and each time he had no problem to enter the US.

[SorrowL 138]

3 minutes ago, portorusa said:

getting in May? He wants to come to visit me now, in January. Why May?

Not the month, the word, it may take a lot of convincing. As in the CBP Officer needs to be convinced for sure he isn’t entering to stay, as credible immigration intent exists with the pending CR/IR Visa. 
 

well if it’s worked in the past then it shouldn’t be an issue. Your second reply came up a bit later for me.

 

requesting the passport back could delay the visa process even further though.

Edited January 2, 2020 by SorrowL

[portorusa 431]

My husband is not going to hide anything, he will be telling the truth to CBP officer. He will tell him that he is waiting for his CR1 be approved, and meanwhile came to visit his wife. He will show the return ticket.

Why would he jeopardize his immigration process and overstay? All his previous ESTA visits between November 2018- May 2019 never lasted longer than 2 weeks, anyway. Besides, you cannot work on ESTA, cannot get a driver's license, etc.

[portorusa 431]

10 minutes ago, SorrowL said:

requesting the passport back could delay the visa process even further though.

We don't care. We just want to wait for the AP to be over - WHILE being together, that's all. As long as ESTA allows (this time  we want it for 89 days). If the CR1 is approved earlier, that's ok - my husband will send his passport back to the Embassy upon his return to France. Did anyone have a similar experience?

[SorrowL 138]

9 minutes ago, portorusa said:

We don't care. We just want to wait for the AP to be over - WHILE being together, that's all. As long as ESTA allows (this time  we want it for 89 days). If the CR1 is approved earlier, that's ok - my husband will send his passport back to the Embassy upon his return to France. Did anyone have a similar experience?

I would personally suggest having at least 3~ days exit buffer (ESTA stay of 87 days) in case of any flight delays, strikes, other unknown occurrences that could cause major issues from accidental overstaying, but of course it’s all up to you two. If ESTA hasn’t been an issue in the past, go ahead and do it!
 

He could email his Embassy and request email notification of his case status when they update it, or if he has family he can trust, they can check his mail for any correspondence from the Embassy.

 

considering Christmas and New Years, I can understand the frustration with a long AP wait. 
 

I wish the best for both of you!

Edited January 2, 2020 by SorrowL

[portorusa 431]

His case status we check every day on CEAC, and we will know when the visa is issued, so mail correspondence is not necessary. Thanks for the suggestion of 87 days, we will definitely consider that. 

 

[SorrowL 138]

6 minutes ago, portorusa said:

His case status we check every day on CEAC, and we will know when the visa is issued, so mail correspondence is not necessary. Thanks for the suggestion of 87 days, we will definitely consider that. 

 

Awesome!
 

The longest ESTA stay I’ve ever done was 84 days. CBP was surprised when I told them my exact stay length, but otherwise they only asked if I had sufficient money and my purpose for staying so long and they asked for my return itinerary. As much as I wanted to stay with my fiancée (at the time, now we’re married, I’m waiting for my CR1 interview) for the maximum, I opted for a week buffer cause you never know when a string of unfortunate events can occur. One day you got a strike, the next day a cancellation and then a storm pulls in. 
 

good luck with your endeavors! 

[geowrian 22,335]

4 hours ago, SorrowL said:

I don’t think ESTA specifically asks for visa refusals, only for denials. 

 

ESTA only asks for denied visas. As far as I know a Refusal is not a denial. The ESTA shouldn’t be effected, but he has shown intent to immigrate, so getting in may require a lot of convincing. 
 

I could be wrong though.

Visas are either issued or refused.

A "denial" is just another word for refused here. It does not indicate any substantive difference.