F1 refused,apply K1 or ESTA get married ?

[Khhgirl 0]

My girlfriend is a Taiwanese,she stay in lax with me in last JUN to SEP with ESTA, after she applied F1 visa in last Dec but didn't passed, because the lady said she trying to comeback to US to soon so No,so I was think about apply K1 for her then she can still go to school, but it have to take 6-8 months, but I want her to comeback soon so can she trying to come to US and use the ESTA again in this April?  After If she successful entry we will go to get married in a registry office.

Thank you.

[DaveNot 55]

Esta is visit only, not work or Schooling or marriage. K1 is for marriage. Then AOS, so much longer than 6-8 months. If you get married before applications you still need AOS.

[Ben&Zian 4,397]

K-1 may be best option. While denied visas/F-1 and all has no affect on the outcome overall of a K-1, if she continues to apply for visitor visas after an F-1 denial it will definately look like she is just trying to get into the US so she may get denied.

 

K-1 is a dual intent visa so that is probably best route for you. Then AOS. 

[-Trinity- 513]

If she got rejected for the F-1, then ESTA is not possible anymore.

ESTA is only if you have never applied and rejected for visa application.

 

 

 

Edited January 16, 2017 by Dutchie2016

[Roel 7,191]

Why are people complicating things so much...

 

You guys want to get married? Yes? Then apply for the K1 fiance visa. End of story.

Coming on ESTA or B2 tourist visa when planing on staying in the USA permanently is ILLEGAL.

 

There is NO FAST or SOON in the immigration. K1 is actually one of the fastest visas comparing to others.

[Khhgirl 0]

I know K1 must be safe and legally way, we just don't wanna wait that long to get married if we could ,bcz I just saw some ppl theirs experience said she/he was only planning to traveling the U.S. , after that they just decided to get married later , it's call 30/60/90? I know it's risky, but I still want to try, so if unfortunately she's get sending back , can I still apply the K1 visa for her? 

Thanks your help

[NigeriaorBust 4,087]

 What you want to do is illegal and no one here will encourage you on that route.  As stated by being refused an F1 she must reapply for ESTA and will likely be denied for the next 6 months at least.  Either K1 or go there and marry ( slower visa but better ) 

[Transborderwife 4,666]

6 minutes ago, Khhgirl said:

I know K1 must be safe and legally way, we just don't wanna wait that long to get married if we could ,bcz I just saw some ppl theirs experience said she/he was only planning to traveling the U.S. , after that they just decided to get married later , it's call 30/60/90? I know it's risky, but I still want to try, so if unfortunately she's get sending back , can I still apply the K1 visa for her? 

Thanks your help

Nobody is going to

help you commit visa fraud

[-Trinity- 513]

She can't ever apply for an ESTA again....

https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

 

That being said: why cause yourself and your partner so many problems and choose the hard way?

It's illegal what you are planning to do, better think twice before you heading that way.

 

[KierenHby 897]

8 minutes ago, Khhgirl said:

I know K1 must be safe and legally way, we just don't wanna wait that long to get married if we could ,bcz I just saw some ppl theirs experience said she/he was only planning to traveling the U.S. , after that they just decided to get married later , it's call 30/60/90? I know it's risky, but I still want to try, so if unfortunately she's get sending back , can I still apply the K1 visa for her? 

Thanks your help

Everyone else waits to do it legally. 

[Khhgirl 0]

Because special situation on me so I don't have tax returns and I don't have that much money in my bank too, I just worry it might make more difficult for K1 visa, or I won't think the illegal way instead.

thanks for your suggestion, I'll think about that carefully 

Edited January 16, 2017 by Khhgirl

[Khhgirl 0]

36 minutes ago, Dutchie2016 said:

She can't ever apply for an ESTA again....

https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

 

That being said: why cause yourself and your partner so many problems and choose the hard way?

It's illegal what you are planning to do, better think twice before you heading that way.

 

Yes, she won't approve the ESTA again in next 5-10years

I will think that way is because her ESTA still approved till this June, seems like I shouldn't ask her to risky...

 

[Roel 7,191]

Sure go ahead, do things illegally and risk having issues with immigration and government.

 

If you don't have enough money, find an CO SPONSOR.

If you didn't file taxes (sic!), file them NOW.

 

Your situation isn't special at all. Thousands go through the K1 route and don't whine about how long it takes. 6 months or so isn't actually long at at..

Look at couples who wait YEARS to be together.

 

Ah, also... She probably won't get ESTA anymore. And from what I know, people who were denied ESTA have more problems getting a tourist visa.

[-Trinity- 513]

You are underestimating the consequences, but it's your call.

Personally I would never take the risk of ruining mine and my partner's future by violating the rules. 

Its a couple months, not eternity...but doing it illegally will definitely decrease your chances of being with your partner .

 

Side note: it's because of this type of actions that people with good intentions are having a hard time being reunited with their partner.

 

Edited January 16, 2017 by Dutchie2016

[Boiler 43,401]

VJ Classic

 

She has a refused visa application so now has to update ESTA with that information, currently she does not know if the VWP is even an option.