Hello,
I hope someone here can shed some light for me. In march of 2021 I arrived the US with my wife (married 5 years) and 2 children (ages 1 and 3 at the time). Wife is a US citizen and 1 child is US citizen and the other 1 is UK citizen. We had decided to move our family to the US and the time we had wrongly assumed we would be able to apply from the US for my greencard as not to separate our family.
I arrived on an ESTA visa. I explained to the officer at the border exactly what my intentions were, which is to move, and i was taken aside and interviewed along with my wife. They allowed my wife and both the kids to go through however I ended up with a VWPP refusal and sent back to the UK with a 212(a)(7)(A)(i)(I) stamped on the passport. I was told i need to reapply for the CORRECT visa (IR1) from my HOME country(UK). I was flown back to the UK on the next available flight with the sworn statement.
They were nice to me and realised i hadnt done my homework on the topic. I have since applied for my spouse visa here in the UK and have an interview at the london embassy next month (july).
I have asked around and it seems as though, since i was honest and it was only a plain refusal of the ESTA visa it shouldnt harm my spouse application. However its true that i had immigrant intent and presented at the border with an ESTA visa however unwitting it was i did not know any better at the time and was honest from the outset.
My question is this, will this particular incident affect my spouse application ? Will i need a waiver ?
I have also read about people going through the whole process only to be told by a CO at the end of the journey they need a waiver and this has made me nervous so i felt like opening up to everyone to see what they thought.
Thank you