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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28209
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have an approved wisa waiver authorisation to the US but

Customer Question

I have an approved wisa waiver authorisation to the US but this year I was denied a K1 due to insufficient information that my spouse did. What do I do? and will my visa waiver be approved if I get a new one?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
I need to know more about the K1 denial - all reasons.
Is your ESTA expired?
Why are you coming to the US? (CBP will look at intent to return since you applied for a K visa).
Judith
Customer: replied 1 year ago.

I applied for a new esta because the other one was invalid due to the k1 application. I was denied because my spouse put the paperwork in a couple of months before we actually met and after we met he sent all the evidence to USCS who decided that we had to meet before putting in the application so it was denied on those grounds. We decided not to resubmit because I wanted to get a k3 visa instead so I dont have to apply for advanced parole if I have to come back to Australia.
I have 2 aging parents and a heavily disabled sister so if anything happened I dont have time to wait months for an advanced parole so it seemed this was the way to go we also wanted more evidence of a genuine relationship so I want to go over and spend a couple of months with him before coming home and getting a wedding ready.
The other reason is my best friend is incarcerated in a prison in Kansas so I wanted to visit him and spend some time with him too

Expert:  Judith replied 1 year ago.
Was the petition itself for the K1 denied or was it approved and your visa denied at an interview?
I don't understand how the petition could have been approved with no evidence of a meeting prior to filing.
If only HIS petition was denied then you did not apply for a visa and had no visa refusal.
Please clarify this for me.
Judith
Customer: replied 1 year ago.

It was his petition that was denied. It never made it to an interview.
he was only given a wac number for the application

Expert:  Judith replied 1 year ago.
Then you answered the question on the ESTA wrong. You have never been denied a visa! You answered "YES" in error.
You need to get in touch with ESTA and here are the instructions:
If you think you may have answered "Yes" incorrectly and were denied as a result, we advise you to contact us so we can review your application. Send us an email (instructions below) explaining why you selected "Yes" to that question, (in other words, tell us what you were arrested and/or found guilty of, as well as the sentence you received, or what your communicable disease is) and we will advise you whether or not your denial can be reversed.
To send us an email, click on the "Email us your Question" button at the right side of this page, and in the question box, give us the original application number, if you have it; the full name; passport number; date of birth of the applicant; contact phone number (including country code), as well as a description of what you think was answered incorrectly. To expedite our response, please select "ESTA/Visa Waiver Program" and choose "I have been denied ESTA" or "cannot board." We do not recommend you try to reapply prior to contacting us.
https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied
Here is the link to emailing them your explanation of answering the question wrong and asking for a review.https://help.cbp.gov/app/ask/session/L2F2LzEvdGltZS8xNDMzMDAwMDg0L3NpZC9BQjJDcEVubQ%3D%3D/~/esta-application-denied
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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Customer: replied 1 year ago.

Can I just delete that application and redo? I havent recieved an answer on the pending application yet

Expert:  Judith replied 1 year ago.

You may be able to go into the system and change your answer. Try to do that. I not sure if you can delete or withdraw it.

Here is the link to retrieve the application

https://esta.cbp.dhs.gov/esta/

Judith

Expert:  Judith replied 1 year ago.

Bonay

Do you understand how this site works?

Do you understand that experts are only compensated for their time if you rate their answer?

If you cannot retrieve your application then you will need to submit a new one and pay a new fee:

How can applicants correct a mistake on their application?

The Web site will allow applicants to review and correct their data prior to submitting the application, including reconfirming the passport number. Prior to submitting an application with the required payment information, you can correct all application data fields except the passport number and passport issuing country. If an applicant made a mistake on their passport or biographical information he or she will need to submit a new application. The associated fee will be charged for each new application submitted. Any other mistakes may be corrected or updated by using the update function. If the traveler made a mistake in answering the eligibility questions, please see For inquiries or questions regarding this application, please click here at the bottom of each page.

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#uta3

Judith

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