K1 Visa, rejection at airport with Esta and new Esta rejection.

[Rainbow30 2]

I did a religious Ceremony for marriage in may. I was under the impression that was a marriage by law too ( mis advice by family ) I then booked a one way flight to USA as I didn't know which date I would return on within the next 3 months. 

The lady at the airport asked why there was no return flight and that is a term with an Esta visa. Which I was not aware. She then called the me to go to the homeland officer. 

Upon arriving at customs I was rejected by homeland due to not having a K1 visa. We was all mis advised on which visa could be used just to travel to the USA and spend time with my partner. I was ovisly planning on going back within 90 days. My sole purpose was to complete our second stage of our religious ceremony in the USA, so his friends and family could attend. 

Since I have applied for k-1. Its now been 8 months and NO REPLY. 

Yesterday I re applied for a Esta and was rejected. My fiancé sister is having a baby and I am missing out on big family moments. 

Would that Esta rejection reflect  poorly on my K1 visa application?

This has been a very depressing time for me and my partner. Spending all our money on visiting on other counties in order to be with each other. 

Any advice would be much appreciated. 

Thsnks in advance 

Edited January 24, 2018 by Rabia cheema

[mcdull 474]

14 minutes ago, Rabia cheema said:

I did a religious Ceremony for marriage in may. I was under the impression that was a marriage by law too ( mis advice by family ) I then booked a one way flight to USA as I didn't know which date I would return on within the next 3 months. 

The lady at the airport asked why there was no return flight and that is a term with an Esta visa. Which I was not aware. She then called the me to go to the homeland officer. 

Upon arriving at customs I was rejected by homeland due to not having a K1 visa. We was all mis advised on which visa could be used just to travel to the USA and spend time with my partner. I was ovisly planning on going back within 90 days. My sole purpose was to complete our second stage of our religious ceremony in the USA, so his friends and family could attend. 

Since I have applied for k-1. Its now been 8 months and NO REPLY. 

Yesterday I re applied for a Esta and was rejected. My fiancé sister is having a baby and I am missing out on big family moments. 

Would that Esta rejection reflect  poorly on my K1 visa application?

This has been a very depressing time for me and my partner. Spending all our money on visiting on other counties in order to be with each other. 

Any advice would be much appreciated. 

Thsnks in advance 

if your intention was to finish the second stage of religious ceremony, then why did you book a one way ticket?

[Crazy Cat 39,404]

Unfortunately, you have made some serious mistakes.  Although the ESTA denial won't affect your K-1, the religious ceremony you had could.  Many couples here on VJ have been denied for that very thing.

Of course you were denied entry to the US......you have immigrant intent and no return flight......

 

Good Luck on the rest of your journey.

Edited January 24, 2018 by missileman

[TNJ17 1,329]

Esta rejection does not affect K1. K1s are taking 10-12 months to process if there are no issues. Longer if there are. Your esta is gone forever because you broke the laws of está when you tried to enter without a return ticket. That is a lifetime denial. Any type of marriage ceremony is a wedding and when you are researching these things that’s something you should know. I think your K1 will be rejected because of that. In the eyes of USCIS you’re already married and that is grounds for rejection on k1. You say you planned to go back in 90 days but you tried to enter without a return ticket, so to everyone looking at this including CPB you are trying to immigrate on esta. I don’t mean to be blunt and rude, but this kind of process requires a lot of researching and planning about the do’s and don’ts and every detail of how immigration works. In other words, you should have done your homework better. K1 is already long enough as it is when you do everything by the book. Let alone when you do things irresponsibilly. I think you’re gonna have to let your K1 die because it no longer applies to you, that’s gonna take a while. You will then have to file for CR1 which takes even longer 12-14 currently. You can apply for a tourist visit to visit but if you have no ties to your home country you will most likely be denied since you have a pending petition. 

[Crazy Cat 39,404]

At this point,there is not much you can do other than just wait to see if your K-1 is approved.......or have a legal marriage in your country and file for CR-1.

[Rainbow30 2]

12 minutes ago, mcdull said:

if your intention was to finish the second stage of religious ceremony, then why did you book a one way ticket?

Hi,

one way due to thinking I could apply for marriage registration in US. I was under the impression i'll have to go back within 90 days. I was planning on booking a return later down the line. Also at this stage me and my ( husband ) were under the impression that our religious ceremony included a Full marriage under law. As we had a religious scholar give us paper work. When in fact that just actually only means you are married by Relgious customs. 

[Naes 12,205]

1 minute ago, Rabia cheema said:

Hi,

one way due to thinking I could apply for marriage registration in US. I was under the impression i'll have to go back within 90 days. I was planning on booking a return later down the line. Also at this stage me and my ( husband ) were under the impression that our religious ceremony included a Full marriage under law. As we had a religious scholar give us paper work. When in fact that just actually only means you are married by Relgious customs. 

If it is a full marriage, again your k1 is out.

 

k1 is a fiancé visa. why would you apply to k1 if you think you are married? 

At the interview so many people get rejected for being married because of this, even if it is not legally binding.

[Rainbow30 2]

18 minutes ago, missileman said:

Unfortunately, you have made some serious mistakes.  Although the ESTA denial won't affect your K-1, the religious ceremony you had could.  Many couples here on VJ have been denied for that very thing.

Of course you were denied entry to the US......you have immigrant intent and no return flight......

 

Good Luck on the rest of your journey.

Thankyou For your reply , much appreciated. 

Could I ask, How will having a relgious ceremony affect the procress? 

Some years ago the religious ceremony sufficed as a lawful patership. When my brother married I that I assumed was the case many years ago. Me and my husband assumed that was also the case. I understand I will now never be able to apply for an Esta. 

[Going through 5,668]

It's highly possible your K1 visa will be denied based on what you've said so far.

Best bet is to do the CR-1.

[Rainbow30 2]

5 minutes ago, Naes said:

If it is a full marriage, again your k1 is out.

 

k1 is a fiancé visa. why would you apply to k1 if you think you are married? 

At the interview so many people get rejected for being married because of this, even if it is not legally binding.

Hello,

yes by law we are not married. Religious. Ceremony does not count. I.e. Why I've applied for K1 and not change of status. If I had known that we was not officially married, I would have done that part and then applied for spouse visa instead. Now I'm applying for K1. Been 8 months. Do you feel my intuek rejection at Customs will deter my K1?

[Rainbow30 2]

17 minutes ago, missileman said:

At this point,there is not much you can do other than just wait to see if your K-1 is approved.......or have a legal marriage in your country and file for CR-1.

Am I able to have a legal marriage in my country whilst a K1 is pending? 

[Going through 5,668]

2 minutes ago, Rabia cheema said:

Could I ask, How will having a relgious ceremony affect the procress? 

Sometimes USCIS deems you "too married" for a K1 since, in essence, you had a ceremony overseen by an officiant (the religious scholar you mentioned above).

 

Now, in terms of the CR-1...you need to have a legal wedding ceremony before applying, not just a religious one.

[Perfect two 💑 1,147]

19 minutes ago, Rabia cheema said:

Hi,

one way due to thinking I could apply for marriage registration in US. I was under the impression i'll have to go back within 90 days. I was planning on booking a return later down the line. Also at this stage me and my ( husband ) were under the impression that our religious ceremony included a Full marriage under law. As we had a religious scholar give us paper work. When in fact that just actually only means you are married by Relgious customs. 

It looks like you are trying to commit fraud there. You are applying for K-1 visa. K-1 visa is a fiance visa. Entering US using ESTA with a thought that you could apply for marriage registration in US make it look like you want to migrate there. The basic thing you need to know about K-1 visa is that you should free to be married not already married. 

Edited January 24, 2018 by Perfect two 💑

[Unlockable 7,306]

2 minutes ago, Rabia cheema said:

Am I able to have a legal marriage in my country whilst a K1 is pending? 

Absolutely not. If you have a legal marriage ANYWHERE then you can no longer do a K1.

 

Like @missileman said, you have made some BIG mistakes. You need to take some time and educate yourself on what you can and cannot do. Otherwise you will keep running into big problems.

[Naes 12,205]

4 minutes ago, Rabia cheema said:

Hello,

yes by law we are not married. Religious. Ceremony does not count. I.e. Why I've applied for K1 and not change of status. If I had known that we was not officially married, I would have done that part and then applied for spouse visa instead. Now I'm applying for K1. Been 8 months. Do you feel my intuek rejection at Customs will deter my K1?

Legally religious ceremony does not count. Unfortunately, sometimes USCIS or even after getting approved at the interview stage people get denied because of a religious marriage.

 

Customs won't do anything, your rejection from entering also won't affect it. but the ceremony may affect.

There are many cases we saw here that even a engagement ceremony caused a denial (it is possible that it may not too, but we usually hear the denials)

 

You can marry, but if you are legally married, then you need to stop k1 and apply for CR-1

 

overall your esta denial will not affect any of these processes. And definitely research more on how to and what to do when applying immigration visas.