UK citizen with 90 day visa - got turned away by USA at airport for no workers visa?

[Jen&Cal 85]

Hello here is the difficult situation. My boyfriend is in the UK, he tried to come here on a 90 day ESTA visa, he has no criminal record, had all his paperwork, got to the US and they sent him back because he mentioned the possibility of getting a work visa sometime in the future. They then stated his ESTA visa will be revoked and now he needs to have a work visa... But it will take a long time for a work visa? 

Is this the only way for him to get into the USA now? Even for just a visit?

Is there any easier/quicker option?

We were planning on getting married as soon as he got here...

 

We are both very unfamiliar with the immigration system. Any help will be extremely appreciated - we really wanted to see each other for Christmas. 

[az2014 381]

26 minutes ago, Jennifer W said:

Hello here is the difficult situation. My boyfriend is in the UK, he tried to come here on a 90 day ESTA visa, he has no criminal record, had all his paperwork, got to the US and they sent him back because he mentioned the possibility of getting a work visa sometime in the future. They then stated his ESTA visa will be revoked and now he needs to have a work visa... But it will take a long time for a work visa? 

Is this the only way for him to get into the USA now? Even for just a visit?

Is there any easier/quicker option?

We were planning on getting married as soon as he got here...

 

We are both very unfamiliar with the immigration system. Any help will be extremely appreciated - we really wanted to see each other for Christmas. 

He is now ineligible to use the VWP/ESTA for LIFE. He needs to apply for a B2 visa if he wishes to visit the USA.

 

Out of interest was he planning to stay in the USA after marrying you or go back to the UK?

Edited November 28, 2017 by az2014

[Boiler 43,430]

He has an Employer willing to sponsor him for a Work visa?

 

Was he banned or just allowed to withdraw his application for entry.

 

Lots of good information here for you to read.

Edited November 28, 2017 by Boiler

[Jen&Cal 85]

 

az2014 - He was planning on staying here in the USA.

Boiler - I'm not sure if he was banned or just allowed to withdraw. 

This literally just happened - he is on the flight back to the UK right now...

 

I'm not sure if it would be easier for me to go to the UK?

And get married there... then have him come to the USA? 

[Boiler 43,430]

You would need the appropriate visa to marry in the UK if that is what you want to do.

 

VWP is for visiting, not immigrating.

[EandH0904 1,184]

You need a visa to hsve him stay indefinitely in the US after you get married. To come on ESTA or even on a B2 to get married and then stay is fraud and trying to get around it makes it harder for those of us doing it the legal way. 

 

You have 2 choices now to get married, file a K1 visa and get married in the US or get married in UK (or US on tourist visa) and have him live in the UK, not US while your spousal visa is processed. Either way it's about a year. 

 

Here is a guide with costs, pros and co s: http://www.visajourney.com/content/compare

[az2014 381]

8 minutes ago, Jennifer W said:

 

az2014 - He was planning on staying here in the USA.

Boiler - I'm not sure if he was banned or just allowed to withdraw. 

This literally just happened - he is on the flight back to the UK right now...

 

I'm not sure if it would be easier for me to go to the UK?

And get married there... then have him come to the USA? 

Planning to visit on the VWP, get married then stay is illegal. The CBP did their job correctly in sending him back.

[Jen&Cal 85]

2 minutes ago, az2014 said:

Planning to visit on the VWP, get married then stay is illegal. The CBP did their job correctly in sending him back.

yes i understand that - but then what is the easiest way for us to even meet? see this is the problem... 

 

we have been skyping for 5 months. for a k-1 we would need to have proof of having met within 2 years.

so i would still need to go to the UK, provide proof i've met him, then apply for a k-1 visa? 

[Jen&Cal 85]

6 minutes ago, az2014 said:

Planning to visit on the VWP, get married then stay is illegal. The CBP did their job correctly in sending him back.

okay how about this - if he visits on a U.S tourist visa, we meet, he returns to the UK then we can apply for the k-1 visa? I'm thinking it would be easier for me to just go to the UK but I am unfamiliar with their rules. 

[JE57 239]

You going to the UK on a USA passport would be relatively easy.  To get married in the UK requires a special visa for you to enter the UK.  If you present yourself at the UK border at the Airport and state that your purpose is to get married in the UK without the marriage visa then you will likely be put on a plane back to the USA and possibly banned future use of your visa free tourist rights to the UK.   Your BF was very likely turned away not because he mentioned a future work visa but rather because he indicated an intent to marry and then stay in the USA in which case that would be noted on his immigration exit.  The details are important.  If he was denied entry (and it sounds like he was) then he won't be allowed back in the USA unless he now applies for a tourist visa B2 but when he goes to that interview to obtain that VISA they will see the details of his intent to enter the USA to marry you and stay and based on that he has a very very high likelyhood of denial getting a tourist Visa.   Therefore I would say that it is extremely unlikely that your BF will be entering the USA so you need to go there and meet him in person.   Or you need to meet someplace in a third country to satisfy the requirements of the K-1 visa of having met in person.  In general you likely should spend some face to face time together before you commit to marriage.  Skype conversations are all well and good but you can't really know the person until you spend more face to face time with them.   Also bear in mind that if you chose to spend time together in a 3rd country in the Caribbean that he should plan his flights so that he does not have to transfer planes in the USA as he would be unable to do so now without a B2 visa.   Good Luck! 

Edited November 28, 2017 by JE57
Correction

[Jen&Cal 85]

9 minutes ago, JE57 said:

You going to the UK on a USA passport would be relatively easy.  To get married in the UK requires a special visa for you to enter the UK.  If you present yourself at the UK border at the Airport and state that your purpose is to get married in the UK without the marriage visa then you will likely be put on a plane back to the USA and possibly banned future use of your visa free tourist rights to the UK.   Your BF was very likely turned away not because he mentioned a future work visa but rather because he indicated an intent to marry and then stay in the USA in which case that would be noted on his immigration exit.  The details are important.  If he was denied entry (and it sounds like he was) then he won't be allowed back in the USA unless he now applies for a tourist visa B2 but when he goes to that interview to obtain that VISA they will see the details of his intent to enter the USA to marry you and stay and based on that he has a very very high likelyhood of denial getting a tourist Visa.   Therefore I would say that it is extremely unlikely that your BF will be entering the USA so you need to go there and meet him in person.   Or you need to meet someplace in a third country to satisfy the requirements of the K-1 visa of having met in person.  In general you likely should spend some face to face time together before you commit to marriage.  Skype conversations are all well and good but you can't really know the person until you spend more face to face time with them.   Also bear in mind that if you chose to spend time together in a 3rd country in the Caribbean that he should plan his flights so that he does not have to transfer planes in the USA as he would be unable to do so now without a B2 visa.   Good Luck! 

seriously you all have been so helpful, I really appreciate everyone's input.

 

I completely agree with you JE57, we want to meet, but we are just having issues... I'm 23 and own a house here, have a stable job - while he is 21 and has pretty much no ties to the UK.

 

going to the UK or a 3rd country seems like our only option to even have a chance to meet. 

 

[Dashinka 23,238]

1 minute ago, Jennifer W said:

seriously you all have been so helpful, I really appreciate everyone's input.

 

I completely agree with you JE57, we want to meet, but we are just having issues... I'm 23 and own a house here, have a stable job - while he is 21 and has pretty much no ties to the UK.

 

going to the UK or a 3rd country seems like our only option to even have a chance to meet. 

 

Yes, unfortunately his visiting the US is highly unlikely in the near future.  Research the guides here for the K1 and CR1 visa.  If the two of you have already decided to get married you might consider the CR1 as it is cheaper, and the immigrant spouse enters the US with a GC in hand able to start working etc.  If you take this route make sure you fully research the rules in the country where you plan to have the ceremony.

 

Good Luck!

[JFH 12,189]

Did he have a round-trip ticket? A requirement for the VWP (90-day visa-free stay in the USA) is proof of a round-trip ticket. He can be denied for as little as that. It's a huge privilege and one that comes with many strict conditions. As you are discovering.

 

So, have I understood this correctly? You have never met in person but you were planning to marry and he was planning to stay here? He left his job and everything for a woman he's never met? There's a reason why K-1 applicants have to provide proof of having met in person. To immigration this looks like he just wants a green card. 

 

Slow down. You're both very young. Spend time getting to know one another. Meet in Canada or somewhere in Europe. Enjoy your youth and see the world in the process! If you are meant to be together and if you are truly in love then the love will last until the time is right. 

 

You both made a bad move here. Stick around here and learn how to do it the right way and also get a better understanding of the huge emotional journey that international marriage is. It's not for the faint-hearted. 

[NYCruiser 423]

3 hours ago, Jennifer W said:

seriously you all have been so helpful, I really appreciate everyone's input.

 

I completely agree with you JE57, we want to meet, but we are just having issues... I'm 23 and own a house here, have a stable job - while he is 21 and has pretty much no ties to the UK.

 

going to the UK or a 3rd country seems like our only option to even have a chance to meet. 

 

You mention he has no ties to the UK? Parents? Where does he live? Job? 

- Applying for a B2 will probably be a denial for reasons other have said primarily immigrant intent.

- You can go to UKIV.uk.gov and apply for a Fiance Visa (be aware it is not cheap), then marry in the UK. However, since you have not even met yet might be a red flag for the UK Border Force people to even give you a Fiance Visa.

- Visit in a Third Country (better yet for a couple of times), then apply for the K1. How far are you from Canada? Could he meet you in France? Belgium? Ireland? (this time of the year there are inexpensive flights there now).

- Make sure to NOT leave out the fact that he was sent back to the UK for the reasons outlined on your K1 Visa application!!

[caliliving 606]

You haven't even met this guy! And you are talking marriage? Slow down! And i am sure he got turned away bc many things didn't add up at Poe.

If you can't visit him anytime soon I suggest you perhaps enjoy life. You are only 21!