ESTA denied, previous CR1 app, very confused

[essjayhyooz 1]

Hello everyone, I was recommended this website today as I am deeply confused about my ability to enter USA. I will try to give as much context as possible.

 

I married an American citizen in 2019 (I am a UK citizen). We applied for a CR1 visa. I attended the medical and interview. The interviewer told me I was approved pending medical results. The doctor I saw after my medical advised all was okay but asked me to see a psychiatrist as a precautionary measure as I have bipolar (I am stable, on consistent meds, have long-term therapy, have regular psychiatrist apts), so I believe it was just to cover all bases. I have always been open about my bipolar diagnosis. This was in the summer of 2020. My husband and I decided to end the marriage a couple of weeks after I attended, so when the doctor called to book me in, I told them I wasn't going forward with the application. She contacted the embassy and had my passport returned. I hear nothing else.

 

I receive a letter only a couple months ago stating that the year I had for my application has elapsed unless I could prove that, within a year, I had extenuating circumstances that made it so I could not go forward with the application. This probably should have been my first warning sign. I'll get back to this in a second.

 

My divorce is taking place at the end of this month in USA. I have never had an issue with ESTA's and so when I applied I expected everything to go through fine. However, within a few hours, it stated travel was not authorised.

 

So here's my thinking - the only difference between the last time I applied for an ESTA and was approved, and now, is the CR1 visa. I've never overstayed or anything like that. I am wondering what exactly the visa status for the CR1 says - is it pending, denied, withdrawn etc. I assume that the ESTA has flagged this and the algorithm is confused about it on my file. I am wondering if, when I spoke to the dr, it could not be formally or officially listed as withdrawn? Especially with that letter I recently received. But I would like to be able to rectify this somehow.

 

So here are my questions:

1. How can I find out the status of my CR1 visa - how do I find out if it still reads as pending, or was formally withdrawn or actually reads as denied? (I feel like this is the most important part).

2. If it does say withdrawn, does it read the same way as denied, for the ESTA's algorithm? I was able to travel on an ESTA during the CR1 process, so I'm trying to pinpoint what the ESTA has a problem with. I'm wondering if expressing desire for immigration in the past upsets it? But one of the biggest reasons for splitting was not wanting to move to the states. I thought I was avoiding fraudulent activity by doing it this way, but a friend told me I've "shot myself in the foot". But I don't think I should have waited for the CR1 when I knew we were splitting?

2. I have tried to find a way to contact somebody via phone as I want to get a straight answer - is there any way I can contact somebody in this way? I feel like I might be able to gain a more solid answer on the status of my visa and what I might need to do next.

3. Will this denial affect my future applications for ESTA? Will I not be able to use an ESTA again?

4. I do know that I can apply for a B2, however, the soonest appointment is September next year. That's not awful, but I'd have liked to attend my divorce proceedings (we have both been delaying them so I can attend). I know I cannot reasonably expect to attend this month now. However, will the denial of the ESTA affect my application for a B2?

 

I'm of course frustrated but I am more scared - I'm worried I've been like... soft-banned from the states for a while?

 

Any and all advice is greatly appreciated, it's a very weird feeling to know I've been denied entry to a country, so any reassurances would go a long way! Thanks in advance.

[arken 4,197]

Can you not check your ceac status online, it'll tell the status.

[Boiler 45,955]

1. Approved or denied would be the options.

 

2. Possibly the presidential proclamation. It is a guess as no way of knowing.

 

3. No way of knowing wait 6 months and try again would be my default comment.

 

4. They are doing emergency appointments and cancellations come up,  certainly a B application could raise whatever the issue is.

 

[essjayhyooz 1]

My apologies, I was supposed to state the status from the tracker. When I enter the case number, it comes up with a pop up box that says EXPIRING SOON and then the same content as the letter I received. So it doesn't say either approved or denied, nor does it say withdrawn. What would be my next step from here?

 

Also I did think of the presidential proclamation at first. However, ESTA's (to the best of my knowledge and good ol' Google) have been continued to be processed and approved, though visitors would have been turned away (and still be turned away) until Nov 8th

[SalishSea 18,096]

You don’t need to be present in the United States for your divorce to be finalized.  Through covid, many court proceedings have been done remotely, and signatures gathered electronically.

 

I expect that the reason for ESTA denial is because your previous CR-1 applicant shows clear immigrant intent.

[arken 4,197]

12 minutes ago, essjayhyooz said:

it doesn't say either approved or denied, nor does it say withdrawn.

It was still pending waiting to hear from you since last action. Only you can withdraw it not the doctor you talked to. Now that it's been a year of no contact, it's expired or expiring. However to fully close this chapter, you can email a withdrawal letter to the consulate.

 

It is likely your ESTA got affected by your pending immigrant visa application (not just a pending petition). 

[essjayhyooz 1]

12 minutes ago, arken said:

It was still pending waiting to hear from you since last action. Only you can withdraw it not the doctor you talked to. Now that it's been a year of no contact, it's expired or expiring. However to fully close this chapter, you can email a withdrawal letter to the consulate.

 

It is likely your ESTA got affected by your pending immigrant visa application (not just a pending petition). 

Thank you so much for making this clearer. This is really helpful. Could you possibly point me in the right direction to send my withdrawal? I find the websites so tricky to navigate and am unsure of what I need to say/do and where to send it to (whether it's writing or electronic)

[essjayhyooz 1]

18 minutes ago, Jorgedig said:

You don’t need to be present in the United States for your divorce to be finalized.  Through covid, many court proceedings have been done remotely, and signatures gathered electronically.

 

I expect that the reason for ESTA denial is because your previous CR-1 applicant shows clear immigrant intent.

Thank you. I know I don't have to be, but I did want to be, which is why we kept moving the dates back. I know that I will probably have to move it back, I just didn't expect an issue with the ESTA.

With the expired CR1 app showing immigrant intent, does this mean an ESTA is unlikely to be authorised to me? At least, for a long while? I'm just wondering as otherwise it feels like I'm barred from visiting, which makes me feel so unusual!

Edited November 4, 2021 by essjayhyooz

[SalishSea 18,096]

21 minutes ago, essjayhyooz said:

Thank you. I know I don't have to be, but I did want to be, which is why we kept moving the dates back. I know that I will probably have to move it back, I just didn't expect an issue with the ESTA.

With the expired CR1 app showing immigrant intent, does this mean an ESTA is unlikely to be authorised to me? At least, for a long while? I'm just wondering as otherwise it feels like I'm barred from visiting, which makes me feel so unusual!

I'm not sure of the policy on that.  @Boiler probably knows.  But if ESTA continues to be denied, your only option would be to apply for a B visa.  Your chances of getting one would be determined by your ability to demonstrate strong ties to home.

[essjayhyooz 1]

2 minutes ago, Jorgedig said:

I'm not sure of the policy on that.  @Boiler probably knows.  But if ESTA continues to be denied, your only option would be to apply for a B visa.  Your chances of getting one would be determined by your ability to demonstrate strong ties to home.

Thank you so much! I definitely can prove ties to home. B2 seems unlikely to get any time soon just due to availability in appointments. I think next step is trying to confirm the withdrawal of the CR1. Maybe after I received confirmation of the withdrawal I could try an ESTA app again. Worst case, I lose 4 dollars, best case it lasts for 2 years.

 

I greatly appreciate your help, thank you!

[Boiler 45,955]

We are guessing why ESTA was refused, it could be one of the above reasons, a combination or something completely different. The usual reason why ESTA becomes available is when somebody has been refused say a B or a F and 6 months whatever later it is approved.

 

ESTA is opaque and basically for the squeaky clean, B being the default otherwise.

[essjayhyooz 1]

4 minutes ago, Boiler said:

We are guessing why ESTA was refused, it could be one of the above reasons, a combination or something completely different. The usual reason why ESTA becomes available is when somebody has been refused say a B or a F and 6 months whatever later it is approved.

 

ESTA is opaque and basically for the squeaky clean, B being the default otherwise.

Thank you. This makes sense. I suppose the ESTA works in a skimming kind of way, which I suppose the CR1 would definitely interrupt. I know there could be other reasons but this is the only one that seems viable.

 

I do really appreciate the clarity!

[arken 4,197]

1 hour ago, essjayhyooz said:

Thank you so much for making this clearer. This is really helpful. Could you possibly point me in the right direction to send my withdrawal? I find the websites so tricky to navigate and am unsure of what I need to say/do and where to send it to (whether it's writing or electronic)

You can simply email the consulate saying you want to withdraw or can attach a pdf of a withdrawal letter as well. Provide all details including your name, DOB, case number.

 

Even if is expired, it may stay as pending for a good time as they still give one a chance to activate it again for some good reasons of no contact. So closing it with withdrawal is a good idea.

 

That doesn't necessarily guarantee your subsequent esta or b2 approval as your immigrant intent is already established. 

[essjayhyooz 1]

5 minutes ago, arken said:

You can simply email the consulate saying you want to withdraw or can attach a pdf of a withdrawal letter as well. Provide all details including your name, DOB, case number.

 

Even if is expired, it may stay as pending for a good time as they still give one a chance to activate it again for some good reasons of no contact. So closing it with withdrawal is a good idea.

 

That doesn't necessarily guarantee your subsequent esta or b2 approval as your immigrant intent is already established. 

Thank you. Honestly, everyone has been great and an enormous help. I agree with everything you've said! Especially your last paragraph. I'm well aware. But I'm hoping that a formal closure will aid with future (not near future) visa apps.

 

For example, I wasn't sure how to answer question 7 in the eligibility section regarding being denied a visa. So hopefully by closing it I can at least answer more appropriately!