Carty

Congratulations on a victory after such a long battle! Must feel good.

Regarding the ESTA/booking issue, these things probably vary by airline. I have never had any trouble booking a flight, but ever since being on a visa and GC (first F1 student, now a permanent resident), most of the times when I am flying back here from abroad I cannot do the online check-in (which annoys me because I can't get a seat I want! ) because for several airlines, the online checking system will ask/look for ESTA, and when it can't find it, it won't allow the check-in. One airline did have a "visa holder" option when I had an F1, but not one for GC holder. It's a pain, but I always get on the flight..

I think that about confirms that it IS the airline. I think I'll try calling United when I am stateside to see if there is anyway this can be manually overidden. The $25 fee for booking over the phone is a little on the steep side. That visa holder options sounds like a very logical addition for other airlines to consider.

Hi, I'm Carty's wife. My timeline is up to date so you can see our journey recapped below:

Thanks for that dear.

One thing I will add, regarding the courier company returning passports from the embassy, is that they send you an SMS message when they have the package. It tells you when the package will be delivered (the next day in my case) However, in my case it came through at 4:45pm. Some 6 hours after it appeared on their tracking site.

Wow, you really got yanked around! Thank you for posting your process. It helps us all to realize that nothing is cut & dry with US immigration and not all cases will have an easy outcome. But you did it and will be able to enjoy some much deserved time with your wife next week!

We both have the same frame of mind now. And that is that there will always be something that can, and will, get in the way.

So I won't fully relax until I finally get there on Monday afternoon (or evening, by the time the customs have pulled me through the mire, hehe).

UPDATE:

I called the US Customs & Border Patrol again (40 mins on hold, 35 callers ahead of me, always helps to know that) to see if I could have this manually overidden. Because, every time in the future, when I book a flight online, this is potentially going to be a problem.

The polite lady (Lisa) at the US C&BP told me they could not intervene and gave me the number for ESTA (202-344-3710).

Fortunately I was not on hold for long, and explained my situation to Scott. At first he told me that the airlines do not have access to the ESTA information. So I told him United must do as I could not book. And my previous flight was my return trip from Houston, just after my wife and I married in 2010, so United could not have known about the denial unless they had access to ESTA. He apparently was unaware of this practice. He suggested I speak to the airline to have them update my passport details. Then I reminded him that when I visited the ESTA website, it also shows my status as 'travel denied' and suggested that THAT needs to be updated by ESTA.

Eventually, after a little persuasion from me, he put me on hold to ask someone else. He took my passport number and asked if I had a screen shot of the United booking refusal. Seeing as I had since booked the flight over the phone, I had not. So, in the end, he suggested that if this should happen the next time I book a flight, to take a screen grab, call ESTA back, and email it to them. He also added that it is likely that when my passport is scanned on Monday (yes, that's my flight day folks...5 days time), that the status may automatically update. There was not an ounce of certainty.

Mainly due to his politeness and helpfulness, I agreed with this, but added I was disappointed that this could not be actioned during the course of the call.

And now for a brief (!) run through my timeline.

My London Embassy interview was in June 2011. I had quit my job a week beforehand. During the first part of my interview, the officer asked if I had my Dutch police certificate (I lived there from 2004-2009). I said that the Dutch authorities do not issue such documents to individuals and that the request had to come from the embassy. I then produced a copy of my emails with the embassy to confirm that they would be taking care of it. It took him a good 20 minutes to go and find it, and it was clear.

Then he pulls out my UK police certificate which stated NO LIVE TRACE. He said that meant there was a conviction(s) and asked why I had answered "no" on my application form.

I explained that they (2 convictions/fines for theft 25 years ago...just petty stupidity on my part) are deemed 'spent' in the UK. I then produced a document from the police authority which arrived weeks after my police certificate arrived, and after my package had been filed. It detailed the arrests, charges, court details, convictions and fines. He changed my "no" to a "yes" on my application form, added some notes and asked me to initial it. Part one over.

Then I waited for the second part. And waited. And the guy who had his part 1 interview after me was called for his 2nd before me. Away he went smiling. I knew something was up. I approached the booth to ask what was happening. The lady looked at me approaching and said I would be called very soon as she had my file. She must have recognised my face from my photo. My number was called soon afterwards.

She ran through the regular questions. At the end, she asked about the convictions, and I explained everything again. She then told me the visa was denied and explained that I'd have to apply for an inadmissability waiver (I-601). My heart sank and I had to try and focus and what she was saying whilst realising that my life had become a complete disaster. Once I had collected my phone from the nearby shop, the call to my wife was truly devastating.

We didn't use a lawyer for the visa application, but after researching this next step thoroughly, we knew we needed help to get us through this waiver. Ironically, most of the I-601 specialist lawyers were based in Houston. We contacted three. Two got back to us. Neither really felt as though they took a personal interest in our case. Then I read an online review mentioning a certain Lizz Cannon, based in Massachusetts. I called her and was very impressed with how she explained what would be required. Lizz gave us so much information via email even before we had agreed to hire her. I have to say, she was exceedingly thorough during the information gathering of documentation we needed for the waiver.

The waiver was filed 2nd August 2011. It sat on a desk until 20th January 2012 when its status was updated to "under review". On 28th February 2012, our lawyer informed us that there was ROA! (This document was dated 19th Feb and relating to my 14 trips to the US under the VWP.) On the 14th March 2012, the I-601 waiver status was changed to 'completed'. However, that could have meant an approval or a denial. We had to wait for the notification from the embassy, which was being snail-mailed to our lawyer in Massachusettes. It took 9 days to arrive, and Lizz called my wife, who in turn called me with the great news.

However, my medical was due to expire on April 1st, and my UK police certificate expired in Oct 2011! Fortunately, we knew this beforehand, and a fresh police certificate was already in my hands. I had to call the embassy to email them to ask about the medical and ask if my Dutch police certificate needed renewing (which the embassy would have to request).

They said if I hadn't been to Holland since, it would not be needed, and if I needed to retake the medical, then I would be told so.

I called the Knightsbridge Doctors to ask about a possible 2nd medical. They confirmed I can make an appointment upon request from the embassy. They added that the medical was now £210 and not the £200 I paid in 2011. Eventually, a letter arrived from the embassy requesting a new medical and for me to send in my new UK police certificate and passport. I almost booked the courier there and then, but am SO glad I didn't. When I called the Kightsbridge Doctors, I was told to bring my passport, UK police certificate and my vaccine sheet (from my previous medical). It was booked for April 2nd...oh and the price went up again the day before to £227!!

ALmost there? Not quite. More trouble. At my first medical, it went as sweet as a nut. This time, I was grilled. Grilled about my convictions (the doc saw the NO LIVE TRACE on the police certificate), grilled about my medical history and also my meds. She asked for a list of what I was taking. I produced a list which is part of my prescription print out. She wanted a list from my doctor, in the form of my letter detailing all my conditions etc. She grilled me about my depression (what do you expect after all of this?).

She told me the medical was fine, but they could not pass it over to the embassy until they had received the letter from my doctor. I told her this was not requested when I made my appointment booking over the phone. It fell on deaf ears. I could email or fax it to them. However, with the long UK Easter weekend approaching, it took over a week to appear. My doc had faxed it to the Kightbridge Doctors. I called to check if it had arrived, and they said yes and added that it would be sent to the embassy the next day (12th April 2012).

I had already sent my documents to the embassy by this time. After a week of waiting, I decided to call the London doctors to check if my medical results had been sent off. The answer was no, and was told that they don't send them, the embassy collect, and that they had been collected the previous day. Could there be anything else?

My passport and HUGE sealed envelope (12" x 16" - 2 inches thick, and in a easily breakable PAPER envelope!) arrived yestderday (24th April), and my flight is finally booked for Monday (30th). My wife's taking the remainder of the week off and we're off to see Bowling For Soup on Friday (ask her, lol).

The visa's approval date is 19th April 2012.

(phew!)

Yes, I must complete my timeline. It's been a right rollercoaster ride of terror!

I called the US Customs & Border Patrole and a pleasant lady told me that my visa in my passport carried much more weight than any VWP and that everything would be alright. I explained that I still couldn't book my flight, to which she advised me to contact the airline.

I did just that, and booked my flight over the phone. So job done, and thanks for all your input.

There of course, may be a dilemma whenever I try to book international flights online as the ESTA denial will probably crop up again. Unless it is updated when some official scans my passport into the system.

The next hurdle (and hopefully the last of very many we have had) will be the interrogation at the aiport.

(and....relax!)

Call and get a human , computers can be stuburn and stupid at the same time

I did, but they're not open until 8:30am...whichever US time zone that is.

If you have a CR1 visa inside your passport you are not required to do an ESTA. You're visa is your permission to enter the US as a legal permanent resident!

Which makes sense. However, when I try and book the flight ticket with United Airlines, the booking is denied due to my ESTA denial, which is still in the system.

Hi,

This morning my passport arrived from the London US Embassy, with my visa neatly stuck inside. However, I cannot book my flight to Texas as I am still denied by ESTA. (VWP was denied as my visa was initially denied, but finally approved via the I-601 waiver).

When I try to update my ESTA details on their site I just says it's denied. I can find little help online, and have registered an online query with the US Customs & Border Protection website in the hope that they can help.

Would anyone here know what I need to do so that I can finally join my wife (married 22 July 2010).

Kind regards,

Carty

I have just had a RFE from the NVC in Portsmouth, NH, for a Dutch police certificate. I live in the UK, but lived in The Netherlands for 6 years. I did my research and saw that I could not apply directly to the Dutch authorities for this as only the US Embassy can make such a request.

I assumed the US Embassey would make this request upon receipt of my detials from the NVC. But apparently not as I have this RFE!

Anyone able to help please?

Well what do you know? I have now received an RFE from the NVC as my birth certificate (mentioned above) has not been accepted.

I guess I am going to have to 'demand' the GRO send me a written document explaining that my (pre-adoptive) birth certificate is not available, after all!!

I'll add an affidavit from my father as he adopted me aged 5 months, if that will help. But I tried pushing the GRO for something in writing before, and they kept saying my birth certificate is recognised as a legal document. It is used to obtain passports, driving licenses, etc. and should be good enough for the US Immigration they told me. What a fool I was to listen to that.

For Dutch police certificates (as noted on the supplemental info sheet you got w Packet 3), the US Embassies have to apply for them. In other words, the visa applicant cannot do this since the Dutch Justice Ministry wont send them to individuals.

I have just had a RFE from the NVC in Portsmouth for a Dutch police certificate. I live in the UK, but lived in The Netherlands for 6 years. I did my research and saw that I could not apply directly to the Dutch authorities for this as only the US Embassy can make such a request (as highlighted in the above quote from post #11).

I assumed the US Embassey would make this request upon receipt of my detials from the NVC. But apparently not as I have this RFE! (To make matters worse, they are also refusing to accept my birth certificate too....but that's for another thread!).

Can anyone please advise what I need to do?

It's also possible that you've been transferred back to CSC (part of this "rapid response plan"). That's what happened to me. Good luck!

You're absolutely right. I called USCIS, and the exceedingly helpful lady on the other end of the phone explained she couldn't access our details as I am the beneficiary. My wife called and was transferred to "tier 2" (manager) who confirmed our case has been transferred back to California. Which means the whole time at Texas was an utter waste of time and will no doubt result in unnecessary delays.

I am now beginning to wonder if we will be together for our first anniversary on July 22nd!

It's been along time since our Nov 30th touch, and yesterday...ANOTHER TOUCH YESTERDAY.

Not sure if this is an approval yet, as my wife has yet to check her email.

(deep breath...oxygen...smelling salts!)

Yesterday (24th Jan) was our 5th month after our NOA1. Still nothing since Nov 30th, which was when it was transferred from California to Texas. We've refrained from calling until today. As I type, my wife is on the phone to them and the guy on the other end is checking their system. He did initially say that the 5 months begin again from the Texas transfer, but that was soon corrected (Phew!!).

He said it still shows we have 7 days within the normal processing time, so there's nothing he can do at this point. So he said wait 8 days and call back, at which time they can put in a service request. So assuming that's working days, we can call back on Feb 4th.

Hopefully this waiting will soon be over.

Carty

After being shifted to TX on Nov 4th, we have our first non-eventful touch today!! Unfortunately, no NVC movement for us, but that touch feels damn good!

Hi all,

Please forgive me for posting this twice in these forums. I had posted this in the CR-1 Spouse Visa section 7 days ago, but was advised to post it here as it is UK specific. Apologies in advance. Anyway...

I seem to recall reading in the info from US Immigration, that I will need to supply a letter of verification from the GRO (General Register Office) alonside my adoption certificate to verify that it is accepted as a birth certificate. (I should add this is for my forthcoming documentation required for the Embassy interview.)

Yesterday I called the GRO and they told me that in the UK, my adoption certificate is clased as my birth certificate and that they have no such knowledge of any such letters being formatted for US Immigration visa applications. Therefore, as far as they are concerned, my adoption certificate is good enough.

Is anyone able to shed a little light on this as to whether this could cause us any problems with our application?

Carty

C. Census record: State or Federal census record showing the names, place of birth, date of birth, or the age of the person listed.

I should add that a birth certificate exists for me. But I was adopted from birth so my 'parents' are my adoptive parents. The details which are on my birth certificate (in some deep dark vault) are no longer valid as that certificate has been stamped to that effect.

So the census record would not apply.

What If a Document Is Not Available?

If birth certificate is not available, submit a statement from the appropriate civil authority certifying that the document or documents are not available. You must also submit secondary evidence, including:

Hi Loto,

Thank you for your reply.

According to the GRO, my adoption certificate is recognised in UK law as my birth certificate. In fact it has always been produced when a birth certificate has been requested, such as for my passport application, my first marriage and many other occasions over the years.

I am not yet convinced that, in my case, my document as 'not available'. But have noted the alternatives, should I need to go down that road.

As you can all now see...the linking has been accomplished.

Hi all,

I seem to recall reading in the info from US Immigration, that I will need to supply a letter of verification from the GRO (General Register Office) alonside my adoption certificate to verify that it is accepted as a birth certificate. (I should add this is for my forthcoming documentation required for the Embassy interview.)

Yesterday I called the GRO and they told me that in the UK, my adoption certificate is clased as my birth certificate and that they have no such knowledge of any such letters being formatted for US Immigration visa applications. Therefore, as far as they are concerned, my adoption certificate is good enough.

Is anyone able to shed a little light on this as to whether this could cause us any problems with our application?

Carty

Just a brief "hi" from me.

My Texan wife has been frequenting this forum during our Stateside application for the CR-1 Visa.

Now I am back in the UK, it's my turn to prepare for the onslaught that is heading my way in the months ahead. So I thought it best if I attach myself here too, in case I need some pointers from you guys.

Is there anyway of linking my timeline to my wife's?

Carty