JessNPaul

1 minute ago, geowrian said:

The waiver would only apply after being determined otherwise eligible for the visa. You will need to wait out the refusal, being notified of the availability of the waiver, then applying for it.

Grrr.. Well i did suspect that would be the case , but thank you very much for your very quick reply .

Paul

On 7/2/2019 at 3:51 PM, JFH said:

Unfortunately, from personal experience, a criminal record (even from the 1990s) can be a bar to you living in the UK also. The only reason I am sitting here in Washington state is because my husband’s criminal record from over 20 years ago had made him permanently ineligible to live in the UK. The US at least has a waiver of ineligibility option. No such thing for the UK. 

Hi JFH, 

Thank you for taking the time to write to Jess, i am Paul and the one who has the criminal record, i dont want to go into too many details but yes it is fairly extensive, there are 2 crimes of moral trepitude i believe ( being carried in a stolen car that was written off ) and theft from a non dwelling ( it was a crate of beer from a shed ) my last crime was actually10 years ago today and it was drink driving . I was wondering if you or anyone else knows if i can start applying / begging for the waiver now as apposed to in 14 months time when our I130 application has been processed ?    NO DRUGS OR MURDER ETC..  just basically growing up about 15 years later than i should have .

Paul

10 hours ago, mtempelaar said:

This in itself can result in an ESTA denial.   My brother-in-law was refused an ESTA due to same and had to miss our wedding because of it.  His B2 was later approved (after our wedding) but it took > a year.  

 

This possibly could impact your spouse visa.  Make sure you have everything well documented for any questions and any open criminal issues resolved (i.e. fines paid off).     You may want to talk through contingency plans such as moving there to be with him if a spouse visa fails.

The “criminal record” I’m speaking of is over 20years old and simply has to be included or he could be denied based on that.  I have a “criminal record” as the definition would suggest.  Who doesn’t?  (That comment should envoke passionate responses from those not seeking to actually help me with their advice but scold me for not disclosing information in my original post) 

Seriously, I just wanted to make sure I include any and all info/proof they need to avoid delaying my application for longer than the 15mons it takes. 

43 minutes ago, JFH said:

Did your husband declare his previous wrongdoings when applying for the ESTA? Although it sounds like your ex boyfriend’s sister may have committed a severe breach of authority by blocking someone from seeking admission (that’s all the ESTA does - it allows you to seek permission to enter) based on rumors and family disputes, if your husband has committed crimes in the past these have probably come to haunt him. 

You’re probably right.  The record doesn’t include “crimes of moral turpitude” but the fact remains- it exists.  

13 minutes ago, JMPM said:

When people seek help, but they don't tell the whole truth and nothing but the truth. Wasting everyone's time. 

I’m sorry you’ve wasted time reading my post. I didn’t include all the details until others responded and the information seemed necessary to get the answer I was seeking.  

7 minutes ago, geowrian said:

There's no way to know for sure if those events were related to the ESTA being denied or not. Although the criminal past certainly could be an issue.

Certainly I agree. I just didn’t want to cause delays due to filing wrong apps or not including all pertinent info.  

12 minutes ago, Going through said:

Common for ESTA to be denied due to any previous overstay (ask your husband if he ever overstayed even by 1 day).  The ex bf is just blowing smoke to get into your head.

Yes but the timing of the email, the sister that works for homeland security, husbands criminal past (alcohol/domestic disputes) could’ve been used against him. My ex started conversing with his ex wife and he has not been able to see his kids for almost 2years due to lies he told her. 

Just now, Paul & Mary said:

I wouldn't worry too much about that.  Mary was denied a B2 to come visit my family in the US because she could not "disprove" immigrant intent.

Where might I find the reason for the revocation?

Just now, Wuozopo said:

 

Do you know of any reason he is denied ESTA? 

My ex bf said he did. (sister works for homeland security) He has not been to the USA since.  We’ve had to meet outside the USA.  

6 minutes ago, Paul & Mary said:

 

Nothing.   ESTA or B2 denials wont matter in a I-130 petition.  He can try for a B2, but being married to a USC makes it harder.

No idea why the denials. (Some speculation and threats from an ex) There was no option to find out. Now we’ve married and I’m afraid whatever caused the ESTA to be revoked will delay or deny our I-130.  

My husband had originally come here on an ESTA in June 2017.  When he returned to the UK he received an email he was NOT AUTHORIZED TO TRAVEL.  He reapplied for another ESTA 2018 and received the same email. We’ve since married and are ready to apply using the I-130.  What to do about the ESTA denials....