ESTA - marriage & pregnant

[Boiler 43,791]

1 minute ago, Nicky83 said:

Nope i am not in med school .

Ive been nursing for over 20 years . Had management roles in hospitals and went back to nursing . Had offers of other higher roles but my goal is GP which i am training for now along with my normal work 

I do not see how he could get to the US for about 30 months assuming the waiver is approved, which it should be.

 

To visit maybe 18 months as he would also need a waiver

 

 

[SalishSea 16,946]

Just now, Nicky83 said:

General practitioner 

General practitioner is a physician.  You will need to go to medical school and do a residency for that if you want to practice in the United States.

[HRQX 4,145]

2 minutes ago, Jorgedig said:

assuming he was truthful on the DS-160.  

DS-160 is not the application for ESTA.

 

The correct application for ESTA is through CBP site: https://esta.cbp.dhs.gov/

[Nicky83 1]

1 minute ago, Jorgedig said:

I don't understand how he was able to get an ESTA with a criminal history, assuming he was truthful on the DS-160.  

That is the issue . He didnt read everything at the time just went through answering not realising spent convictions were still active on a record in the states. Hence the initial post 

[SalishSea 16,946]

Just now, HRQX said:

DS-160 is not the application for ESTA.

 

The correct application for ESTA is through CBP site: https://esta.cbp.dhs.gov/

Either way, I assumed they ask about criminal history to anyone who potentially wants to visit the US.

[Boiler 43,791]

1 minute ago, HRQX said:

DS-160 is not the application for ESTA.

 

The correct application for ESTA is through CBP site: https://esta.cbp.dhs.gov/

Somebody with that history is not going to be able to use the VWP

[SalishSea 16,946]

3 minutes ago, Nicky83 said:

He didnt read everything at the time just went through answering not realising spent convictions were still active on a record i

This excuse will not be accepted by DOS.  He was 100% responsible for the content of his application.  He has much larger issues now, such as material misrepresentation.

[SalishSea 16,946]

10 minutes ago, Nicky83 said:

General practitioner 

Perhaps you mean Physician's Assistant (PA-C).   Different role than MD.

[Boiler 43,791]

1 minute ago, Jorgedig said:

This excuse will not be accepted by DOS.  He was 100% responsible for the content of his application.  He has much larger issues now, such as material misrepresentation.

He can argue that if he is looking to apply for a US visa. He is going to have to go through the waiver process anyway.

 

I do not know what view the Consulate will take.

 

Unless I have misunderstood things the US option will not work due to the timeline involved.

[Nicky83 1]

First i do not see what my work or training has to do with the course of action .

This thread was for info purposes and if anything we can do . Not to grill me about my job. I am very comfortable $ wise . I dont feel i have to explain every detail regarding my work or training. 

What i do know is i have alot on certs and qualifications .

 

We think only option is to give up all i worked for . The time scales etc we can not do .

Yes we know there are loop holes normally.

 

I havent seen my 2 older kids since before covid . They were in the UK  with their dad. Now aged 18 and 15 .

My brother a civil servant and in a matter of weeks he managed to sort a few things and dont know fully how . 

  i now have my kids with me . One in school although he does have some learning disabilities . The older one doing online college work and working part time  legally . 

 

We are prepared to leave all this and come back to the uk .

Which having now spoken to my other half again today . we are going to marry before March either way . 

We dont think there are any work arounds viable for our situation .

Family is more important than a green card etc . 

Yes we know people visit on esta . Marry and file AOS. Yes its illegal but it happens . 

Would we have tried this route if we didnt realise the error in his application .

I dont know .  

 

The main question raised was if he came and we then tried AOS with the current info and all roads lead to leaving the USA . File for spouse visa . By time it came through we would prob be leaving then any how back to the uk . 

 

We just trying to find the best way of us being together for 2 year max in the states. 

 

 

Thanks again for the replies .

Edited August 30, 2021 by Nicky83

[Diane and Chris 651]

1 hour ago, Nicky83 said:

First i do not see what my work or training has to do with the course of action .

This thread was for info purposes and if anything we can do . Not to grill me about my job. I am very comfortable $ wise . I dont feel i have to explain every detail regarding my work or training. 

What i do know is i have alot on certs and qualifications .

 

We think only option is to give up all i worked for . The time scales etc we can not do .

Yes we know there are loop holes normally.

 

I havent seen my 2 older kids since before covid . They were in the UK  with their dad. Now aged 18 and 15 .

My brother a civil servant and in a matter of weeks he managed to sort a few things and dont know fully how . 

  i now have my kids with me . One in school although he does have some learning disabilities . The older one doing online college work and working part time  legally . 

 

We are prepared to leave all this and come back to the uk .

Which having now spoken to my other half again today . we are going to marry before March either way . 

We dont think there are any work arounds viable for our situation .

Family is more important than a green card etc . 

Yes we know people visit on esta . Marry and file AOS. Yes its illegal but it happens . 

Would we have tried this route if we didnt realise the error in his application .

I dont know .  

 

The main question raised was if he came and we then tried AOS with the current info and all roads lead to leaving the USA . File for spouse visa . By time it came through we would prob be leaving then any how back to the uk . 

 

We just trying to find the best way of us being together for 2 year max in the states. 

 

 

Thanks again for the replies .

I think you know what you have to do and are going to do. Good luck moving forward.  Congratulations on the new baby!  

[Ryan H 3,796]

~~~Derailing posts along with posts quoting removed.~~~

[pm5k 127]

15 hours ago, Nicky83 said:

Part of the home guard and they travelled the world which led to me being born in the states.

Are you a US citizen?  If you were born in the US to parents stationed here as part of a diplomatic posting, it can be a bit more complicated.

[Nicky83 1]

2 minutes ago, pm5k said:

Are you a US citizen?  If you were born in the US to parents stationed here as part of a diplomatic posting, it can be a bit more complicated.

No they wernt stationed there just on a work trip when i was born there . Came here 5 year ago .

My parents have properties in vegas and sanfransisco 

[Sparkle Sparkle 913]

12 hours ago, Nicky83 said:

Family is more important than a green card etc

True!

 

12 hours ago, Nicky83 said:

We are prepared to leave all this and come back to the uk

That is a possibility 

 

13 hours ago, Nicky83 said:

Which having now spoken to my other half again today . we are going to marry before March either way

The earlier the better giving the situation at hand

 

13 hours ago, Nicky83 said:

Yes we know people visit on esta . Marry and file AOS. Yes its illegal but it happens .

As you have been told it is illegal because it shows pre conceived intent...It might not end well. However the decision is left for you and yours truly. It is also against Visa journey TOS to advise on such actions

 

13 hours ago, Nicky83 said:

We dont think there are any work arounds viable for our situation

My thoughts exactly...even with AOS, he faces refusal and deportation. Then you will have to start over

 

13 hours ago, Nicky83 said:

The main question raised was if he came and we then tried AOS with the current info and all roads lead to leaving the USA . File for spouse visa . By time it came through we would prob be leaving then any how back to the uk

If I understand clearly, you want to use the prolonged adjudication process for AOS to your advantage...So he gets to stay in the US with you till he faces deportation or you leave on your own accord...In other words green card and his stay in the US is not your goal?