US Immigration Issue for K-1 Visa- Need Advice

[feddi420 3]

Hello Everyone, I'm writing because my fiance, who lives in the UK, was attempting to visit for a couple of weeks using the ESTA Visa Waiver program. She had the waiver approved but when she went through US Customs in Ireland, they questions what the purpose of her visit was and why she had 3 bags with her. She told them she was going on vacation to see friends and had 3 bags because there were gifts and she had clothes for several weddings she was invited to. They ended up interrogating her for several hours, took her phone and went through every text, email, and even her Facebook posts. They told her that she was not going to visit friends but rather going to visit her fiance. She told them that she was going to visit both and intended to come back in 3 weeks due to her having a job and had a return ticket. After hours of interrogation, the officer told her he didn't care about the luggage or the fiance part but was denying her entry because she lied to 3 officers about who she was going to see. They accused her of trying to use the Visa Waiver as a means to bypass the fiance or spousal visa and said she intended to stay in the US, which obviously wasn't true. He stamped her passport with an "Application for Admission Withdrawn" stamp and said if she wanted to enter the US, she has to apply for a fiance visa (which we intended on applying for in the near future anyways. This prevents her from being able to visit me in the US and our concern was how this would affect her chances of getting approved for the fiance visa when we apply for it. Does this negatively impact her chances? What are our best steps moving forward with getting her to the US and is there any way to remove the negative remarks associated with her traveling to the US? Any help would be appreciated!

[Coco8 1,042]

It won't affect her fiance or spousal visa application.

[Unlockable 7,315]

It won't effect a K1 or spousal visa so she will be fine to file.

 

The only way to move forward is to file for a visitor visa, which could be effected by what happen. Higher possibility of a denial but still worth a try. Otherwise, file for fiancé or spousal visa.

 

Of course there is no way to remove the remarks. There is a very good reason it is there. Trying to remove it shouldn't even be attempted. There are major consequences to trying to physically erase a remark made by an official.

Edited July 17, 2017 by NuestraUnion

[feddi420 3]

Just now, Coco8 said:

It won't affect her fiance or spousal visa application.

I spoke to an attorney for a bit and they mentioned that the process will take two years for her to get her visa. Is that accurate? Also, is there any way for her to visit as a tourist now? She has no intention of using the tourist visa as a means of immigration but if the process takes a long time, we'd like to be able to visit each other during the wait.

[feddi420 3]

Just now, NuestraUnion said:

It won't effect a K1 or spousal visa so she will be fine to file.

 

The only way to move forward is to either file for a visitor visa, which could be effected by what happen. Higher possibility of a denial but still worth a try. Otherwise, file for fiancé or spousal visa.

 

Of course there is no way to remove the remarks. There is a very good reason it is there. Trying to remove it shouldn't even be attempted. There are major consequences to trying to physically erase a remark made by an official.

Which visa typically is easier and quicker? We have a religious marriage contract from when we got engaged but aren't legally married and didn't plan on doing a legal marriage contract until we officially had a wedding and got married. 

[Coco8 1,042]

4 minutes ago, feddi420 said:

I spoke to an attorney for a bit and they mentioned that the process will take two years for her to get her visa. Is that accurate? 

No, that is wrong. Her visa (fiance or spousal) will take the same time as it takes for everyone. That lawyer is either dumb or was trying to take money from you. All this happened before entering the US and they just voided her authorization to visit with visa waiver.

 

6 minutes ago, feddi420 said:

 She has no intention of using the tourist visa as a means of immigration but if the process takes a long time, we'd like to be able to visit each other during the wait.

A visitor visa will likely get denied because (1) Her participation in the visa waiver program got denied (2) Visitor visa for people in the visa waiver program usually gets denied. 

 

5 minutes ago, feddi420 said:

Which visa typically is easier and quicker? We have a religious marriage contract from when we got engaged but aren't legally married and didn't plan on doing a legal marriage contract until we officially had a wedding and got married. 

Be careful with that contract. Some people mention those types of things and the consulate says you are too married for a fiance visa. Do not mention this to be a "religious marriage contract". In any case, say "engagement celebration". There are plenty of people who had the fiance visa denied because of that at the consulate stage.

 

K1 takes 6-8 months but it costs a lot more and when she gets into the US she won't be able to work for 3-4 months. 

 

Spousal visa takes 12-14 months. It is cheaper and she can work as soon as she gets into the US.

 

 

 

 

 

 

[liefde_overzee 36]

6 minutes ago, feddi420 said:

Which visa typically is easier and quicker? We have a religious marriage contract from when we got engaged but aren't legally married and didn't plan on doing a legal marriage contract until we officially had a wedding and got married. 

A K1 is usually a quicker process than a spousal visa but the fiancé will have to AOS to gain green card after marriage. 

 

Just as a warning, be careful with the religious marriage contract. Many people have had that before (or elaborate engagement parties) & the CO felt the couple was already married and denied the K1 visa telling them to apply for spousal. You can read plenty of stories about similar circumstances here on VisaJourney. 

[Unlockable 7,315]

9 minutes ago, feddi420 said:

Which visa typically is easier and quicker? We have a religious marriage contract from when we got engaged but aren't legally married and didn't plan on doing a legal marriage contract until we officially had a wedding and got married. 

 

The only way it will take 2 years is if the boyfriend is NOT a US citizen. And if that is the case, then the only option is to marry and file for spousal visa.

 

If he is a citizen, then it can take 6 - 9 months for a K1 visa or 1 year for a spousal visa.

 

You mentioned a religious marriage contract. What is that? Like @Coco8 mentioned, things like that can be skewed as "too married for a fiance visa" which could lead to a denial.

[Going through 5,671]

Sounds like an over-zealous customs official there....sorry this happened to her (and you)!

 

At the very least, remember this doesn't stop you from travelling to see her before or while applying for the K1.

 

I agree with what someone else said above----lawyers are prone to invoking fear (not all of them, but a good many), because they want you to pay them "to make it all right" in the end.  IF you do decide to use a lawyer for any stage during her immigration process, get as many free consultations from as many lawyers you can find first.  And steer clear of the doomsday-approach some of them may have.

[KULtoATL 1,551]

1 hour ago, feddi420 said:

I spoke to an attorney for a bit and they mentioned that the process will take two years for her to get her visa. Is that accurate? Also, is there any way for her to visit as a tourist now? She has no intention of using the tourist visa as a means of immigration but if the process takes a long time, we'd like to be able to visit each other during the wait.

On the bolded part, it's gonna be tough for her to get a B2 given what happened to her ESTA. You guys might wanna consider meeting in another country or you'll need to see her in the UK instead to gather as many evidence as possible to be included in your future petition Good luck!

[geowrian 22,337]

Her chances of visiting are near to zero. Or lower. As far as they are concerned, she has immigrant intent and lied to them. Luckily they only withdrew the application and not executed an expedited deportation.

 

The religious marriage contract is potentially an issue as well. People have been denied a K-1 for much less for fear that they are already married - even if it's not legally registered. You can search the threads here and see many cases of this. Personally, the safer choice would be to do a CR-1 (spousal) visa after getting legally married.

[feddi420 3]

1 hour ago, NuestraUnion said:

You mentioned a religious marriage contract. What is that? Like @Coco8 mentioned, things like that can be skewed as "too married for a fiance visa" which could lead to a denial.

 

 

1 hour ago, liefde_overzee said:

27 minutes ago, geowrian said:

 

The religious marriage contract is potentially an issue as well. People have been denied a K-1 for much less for fear that they are already married - even if it's not legally registered. You can search the threads here and see many cases of this. Personally, the safer choice would be to do a CR-1 (spousal) visa after getting legally married.

Just as a warning, be careful with the religious marriage contract. Many people have had that before (or elaborate engagement parties) & the CO felt the couple was already married and denied the K1 visa telling them to apply for spousal. You can read plenty of stories about similar circumstances here on VisaJourney. 

The religious marriage contract is typically done in Islamic engagements as a way to allow the couple to spend time together without a chaperone. Culturally, the couple is not considered married until a ceremony takes place and a legal marriage contract is obtained. The officer found a copy of the contract while going through her emails and questioned her about it and she explained that. He proceeded to tell her if she wants to come to the US, she needs to apply for a fiance visa. 

 

Now my concern is if I apply for a fiance visa, it gets rejected due to the religious contract. however, since we do not have a legal marriage contract  through the courts (since we aren't married), can I apply for the souse visa if needed?

[SaRy 73]

As others have suggested, you're "too married" to get a K1 visa. You're basically neither married nor engaged, you're in between...

 

So in order to avoid problems that might arise during the interview, and to spare her the extra stress of lying or trying to hide things, I suggest that you guys go ahead and get married and file for a CR1 visa.

 

Good luck!  

[KULtoATL 1,551]

4 hours ago, feddi420 said:

The religious marriage contract is typically done in Islamic engagements as a way to allow the couple to spend time together without a chaperone. Culturally, the couple is not considered married until a ceremony takes place and a legal marriage contract is obtained. The officer found a copy of the contract while going through her emails and questioned her about it and she explained that. He proceeded to tell her if she wants to come to the US, she needs to apply for a fiance visa. 

 

Now my concern is if I apply for a fiance visa, it gets rejected due to the religious contract. however, since we do not have a legal marriage contract  through the courts (since we aren't married), can I apply for the souse visa if needed?

@feddi420 If you do not mind, could you please share how you and your fiancee obtain the religious marriage contract? Was it through nikah? Maybe it's different in the UK but no religious marriage contract is usually issued unless an Islamic ceremony has been carried out. Never really heard of one being issued for the purpose to allow the couple to spend time together without a chaperone. 

[feddi420 3]

8 minutes ago, KULtoATL said:

@feddi420 If you do not mind, could you please share how you and your fiancee obtain the religious marriage contract? Was it through nikah? Maybe it's different in the UK but no religious marriage contract is usually issued unless an Islamic ceremony has been carried out. Never really heard of one being issued for the purpose to allow the couple to spend time together without a chaperone. 

It is done through Nikah by a religious figure. It is standard in the west for Muslim couples to do this in order for families to be comfortable letting the future bride and groom get to know one another without the need for a chaperone during the engagement period.