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ESTA Waiver declined, now approved. Should i mention this in my I-129F?

By RL&MC in K-1 Fiance(e) Visa Process & Procedures

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RL&MC Rookie

RL&MC   1

Posted
Filed: K-1 Visa Timeline
Posted (edited)

Hey guys! 

 

I was denied of my ESTA Waiver online earlier this year as i believe (unsure) i was flagged under a criminal history which is untrue, so i had to supply my nursing registration, university transcripts, a federal police police check and a letter from my nursing district stating i am employed etc. I was finally approved after a very thorough interview... anyways i got an ESTA Waiver sticker in my passport, so i am wondering if i should supply this in my I-129F package. I've never been to the states as i was meant to be travelling there this year although due to covid alot of things changed! 

 

Thanks!

 

Edited by RL&MC
Crazy Cat Grand Master

Crazy Cat   41,981

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted

I see no purpose to include it.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
4 hours ago, RL&MC said:

Hey guys! 

 

I was denied of my ESTA Waiver online earlier this year as i believe (unsure) i was flagged under a criminal history which is untrue, so i had to supply my nursing registration, university transcripts, a federal police police check and a letter from my nursing district stating i am employed etc. I was finally approved after a very thorough interview... anyways i got an ESTA Waiver sticker in my passport, so i am wondering if i should supply this in my I-129F package. I've never been to the states as i was meant to be travelling there this year although due to covid alot of things changed! 

 

Thanks!

 

You supply only what is required.   It's not pertinent to the petition. 

YMMV

SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
2 minutes ago, Jorgedig said:

What is an 'ESTA waiver'?

I assume OP means visa waiver, many people use VWP and ESTA interchangeably, maybe OP just interchanged them a little more than most ;) 

Edited by SusieQQQ
Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

VWP sticker?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lauren&smith83 Newbie

Lauren&smith83   0

Posted
Timeline
Posted (edited)
9 hours ago, RL&MC said:

Hey guys! 

 

I was denied of my ESTA Waiver online earlier this year as i believe (unsure) i was flagged under a criminal history which is untrue, so i had to supply my nursing registration, university transcripts, a federal police police check and a letter from my nursing district stating i am employed etc. I was finally approved after a very thorough interview... anyways i got an ESTA Waiver sticker in my passport, so i am wondering if i should supply this in my I-129F package. I've never been to the states as i was meant to be travelling there this year although due to covid alot of things changed! 

 

Thanks!

 

 

9 hours ago, HRQX said:

Interview? Was the interview done at a US consular post? How does the sticker look like? Does it say "VISA"?

 

57 minutes ago, SusieQQQ said:

I assume OP means visa waiver, many people use VWP and ESTA interchangeably, maybe OP just interchanged them a little more than most ;) 

 

Edited by Lauren&smith83
Boiler Grand Master

Boiler   45,663

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So a B visa

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

They will know anyway.

 

Interesting that you were denied based on criminal matters. For the VWP you have to apply online and answer yourself whether you have been arrested, convicted, etc. You don’t submit a criminal record. So how did they link you to a criminal record? They only have the information you give. 
 

Was this a case of mistakenly answering “yes” to one of those questions? I recall a case in the UK around 5 years ago where a very junior travel agent “helpfully” offered to complete the online application for a very elderly customer who had purchased a flight ticket from her and she misread one of the questions and answered “yes” instead of “no” and the old man was denied, had to go to the embassy, pay $160 for a B-2 and it was all a big mess.

 

Is that similar to what happened here? Or do you actually have a conviction but you believe you were wrongly convicted? A conviction may or may not impact your K-1, it depends what it is for and when it happened. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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