syed84

So i called DOS and asked travelling whilst in AP

They said that is fine and I do not need a new ESTA as my visa has not been denied nor approved.

Any advice?

Noorah101

Just keep in mind that government agencies can give you false information, and they are not held responsible if you act on that false advice.

You might want to consult with an immigration attorney, who knows the law.

The easiest thing to do, which would be 100% safe, is not to travel to the USA until you have your visa in hand.

Rene

syed84

Thanks for the advice I will check it out

I have decided to give it another 2 weeks to see if I hear anything if not ask for my passport back. It will be 2 months from my interview

ian-mstm

They lied.

Ian

syed84

Ian

Will you advise to apply for a new ESTA and declare it as a denial?

Noorah101

I don't know what Ian would advise, but I advise against doing that. That will result in a denied ESTA, which means you'd need a B-2 visa to travel, and since you're now stuck in AP for your current visa, my guess is you'll also get stuck in AP after the B-2 visa interview.

Rene

ian-mstm

Since you ask, I advise that you do not apply for ESTA.

Ian

syed84

Thank you

syed84

If I need to travel do I make the esta application?

So my fiancée is graduating soon and we had booked a holiday to Florida as her gift from me. If the esta is denied I would Know to try and change the reservations.

I need to be there by the beginning of June. If my esta is denied does that affect AP?

Noorah101

Honestly, no one knows the answers to these questions. You've asked the same ones several times now.

So far, most people here are suggesting that you NOT travel to the USA until you have your K-1 visa in hand. Forget about ESTA, forget about VWP, forget about attending her graduation and forget about the trip to Florida (for now). I know you want to be there, but honestly is it worth messing up your current visa situation?

Rene

syed84

Sorry Rene for asking same questions again

Noorah101

It's OK, I know you're frustrated. And I know it's important for you to attend your fiancee's graduation...BUT, in the long run, that is just one day out of your whole future together. There will be many more milestones to celebrate together in the future...please don't stress about missing this one.

I (and maybe no one else) knows whether you are currently considered as having a denied visa or not. I know Ian believes there can only be 2 choices...approved or denied...and if it's not yet approved, it's considered denied. I am not sure I agree, but I am not an immigration lawyer.

If you REALLY want to pursue visiting the USA for her graduation, please consult with an experienced immigration attorney who can give you legal answers, not us laymen on an internet forum.

Rene

ian-mstm

Don't confuse "need to travel" with "want to travel". They aren't the same!


The only way to know for sure is to apply. If you're going to apply... do it now. That way, if it's approved - great, a fun time for you; if it's denied, you have a lot of time to make other arrangements.

Ian

syed84

Guys thank you for continually giving me answers and understanding my frustration.

So I have looked at several attorney websites who deal with immigration. They all state 221g for esta puposes only is considered a denial and it must be declared. Esta application will then be manually reviewed by an officer to see the grounds on which the Visa has gone into AP and make a decision within 3 days of submission.

I'm going to get in touch with an attorney to get an answer for this AP/ESTA issue. Will let you guys know what they come back with.

Once again thank you for understanding my frustration

civilservant

That IS your answer.