Denied Entry with ESTA, will it affect a future K1 application?

[Nyalimera 108]

On 3/10/2019 at 9:55 PM, SimplyComplex said:

We figured we'd make the most of the opportunity for the visit and have the full allowed time on ESTA, but obviously it's frowned upon and I didn't realise. Just frustrating that it allows upto 90 days but technically it really doesn't as the US won't let you. There is so much to see over there so you'd think they might understand talking the full allotted time if you have the chance, so as to experience as much as you can. In no way was I trying to misuse the ESTA or overstay or do anything wrong. I'm trying to not hold onto being hurt and angry about it all, and to look forward instead. Just obviously very worried it will affect the future and our K1. 

I don't think you did anything wrong, it was just the whole situation as a whole which raised some red flags. For example not having a job or being a student (two things which I can think of the top of my head right now).

I've also been in the US, California to be exact, for 87 days in a previous relationship and I never had an issue. I gotta say though that we've had seen each other more often due to my previous visits, so this was not my first visit in the US like it was for you. I also used to be a student back then and stayed there for my summer break. Been now 6 years total and I never had issue with staying 90 days. I'd suggest to not make it exactly 90 days, even 89 days is a bit risk, imo.

 

As others said, I also don't think it will affect your K-1application. Just be honest! :3

[yuna628 9,528]

On ‎3‎/‎10‎/‎2019 at 3:22 AM, SimplyComplex said:

Hi, i'm hoping someone might have some advice or information about my recent experience.

 

My fiance and I have been together for 3 years now and he is from the US and i am from the UK. We booked a holiday for me to visit him in the US this past week and I was denied entry at the first US airport i landed at (Minneapolis). I had a pre-approved ESTA visa waiver program and was due to come home on the 89th day. However once i landed, customs did not like that i didn't have as much funds on me as they wanted, and they did not feel i had enough 'ties to home' due to i do not currently have a job. Even though i had return tickets, travel insurance, and they looked through my luggage and phone where i had numerous conversations with people talking about my return that showed my intention to leave. Safe to say, it was awful. I was denied entry to the US and told i could not enter again using ESTA, that i would have to get a tourist visa from the embassy and put straight back on a plane home. Completely traumatizing and emotionally devastating. 

 

Because I still do not have different circumstances, i believe a tourist visa would be denied for the same reasons if i applied any time soon. We started researching the K1 last year and were trying not to rush it by taking our time. At this point we feel that is going to be our focus and we want to push forward with it. So my question is, will my denial to enter the US make any difference to a K1 application? Also will my circumstances ie. no job cause any issues for us during the process? 

 

On ‎3‎/‎10‎/‎2019 at 5:03 AM, SimplyComplex said:

It does seem that they red flagged me as soon as i said i was coming for 89 days and to see my boyfriend while i was visiting as a tourist. But i was just being honest so i didn't realise. I can somewhat understand why my circumstances caused suspicion, but it's just so frustrating when i know, and everyone else that knows me, knows my intentions were completely not to do anything wrong. I suppose i was naive in the ESTA allowing you to stay for upto 90 days, i was trying to make the most of my trip by staying as long as was allowed. But the whole process was horrible, it was all so fast, i did not get time or opportunity to go into depth for my answers and to try and convince them with my proof. I also got no explanation after being told i was being refused entry other than very briefly being told a sentence about 'ties' even though i kept asking and saying i didn't understand. I don't even know what kind of removal i got, as i was put on a plane right after they gave me the decision and paperwork. However, they did tell me, and it's written on my paperwork, that i can not enter the US on an ESTA ever again, but that i must obtain a visa to enter the US in the future. Nothing is written about being banned or anything. So i don't know what it means? Does it seem like a regular denial? I am so upset by everything and now scared to start the process of the K1 incase. Just incredibly devastating, a stark reminder of how painful and difficult long distance is even when you are trying to do everything legally!

Hi OP: Sorry it happened, but to clarify an ESTA only gets you on the plane, it doesn't get you past the officer. And that's always the real test, ensuring you satisfy what they want. The same sort of thing happens to US/UK couples at the UK border too. The good news is the denial of use of the VWP does not bar you from filing for a visa in the future. A K1 is absolutely open to you. That's the point really. People get denied because the officer fears they will circumvent the K1 process while using the VWP. Filing a K1 makes clear you aren't. Not having a job while filing a K1 is of no consequence as it would be based entirely upon the merits of the US citizen's financial situation and job, though I would encourage you to get one, as having savings for this process and to help contribute is a very wise thing. In reviewing your other posts about your situation, I would just say in all the years my husband came to visit me, sometimes he'd be in college, sometimes he'd be unemployed, and sometimes he'd be employed. At the time he never thought about bringing extensive paperwork 'ties' nor was he ever asked for it, but he never chose to stay nearly the max (a risky practice which can result in a ban anyway if you overstay by accident) either. Perhaps he was lucky, but he always satisfied the officer's questions. His first trip to America to see me he was still quite young, unemployed and on break from studies. They grilled him extensively but still let him through.

 

I think in your case it might have been the length of time you planned to stay, a lack of funds, and how the officer felt about your answers at the time. It's hard not to feel nervous and unflappable. You stated that they looked through your phone. Have you ever discussed marriage with your fiancé? Ever discussed it on social media? Ever talked about filing a K1? These are all things they would have been potentially suspicious about. You understand how your conversations could look to an unfamiliar but suspicious eye, right?

 

For now if K1 is what you both want... then focus on that. Focus on a job and making sure your US fiancé can pass the sponsorship/financial requirements. You cannot change what happened, but all is not lost.

[Ontarkie 13,915]

~~One post removed for TOS Violation and one for quoting removed post -TOS- Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[DanielSimon 0]

On 3/10/2019 at 6:37 PM, SimplyComplex said:

No, it was the very first time I'd ever travelled abroad with my new first passport and first time I'd ever used the visa waiver program. So I had no previous issues under my name. It was just all the circumstances all put together it seems. And I feel it was one particular officer that had it out for me from the start. The one that processed me was on the fence I think, but that other officer was the one that shook his head when asked about what he thought (I could hear them discussing it at the front desk while I was in a back room) 

 

It's hard to make out all the numbers and symbols and I'm not sure what some of the characters actually are but it looks like:

VWR TAI A#216556313 #29231 SPM

 

I'll try add a picture 

I am in the same situation. I was refused entry at the US border at Dublin Precleance last September.

Wierd thing is: I wasn't given a stamp in my passport, any documentation at all and when logging into my ESTA application it states 'ESTA AUTHORISED'.

My fiancee has already applied for a K1 visa for me a couple of months ago now.

At the Interview I understand that the DS-160 I complete has a section asking have I ever been refused entry to the U.S.

Have I?

[geowrian 22,335]

12 minutes ago, DanielSimon said:

I am in the same situation. I was refused entry at the US border at Dublin Precleance last September.

Wierd thing is: I wasn't given a stamp in my passport, any documentation at all and when logging into my ESTA application it states 'ESTA AUTHORISED'.

My fiancee has already applied for a K1 visa for me a couple of months ago now.

At the Interview I understand that the DS-160 I complete has a section asking have I ever been refused entry to the U.S.

Have I?

Yes

[Banana9ieue 26]

Just now, geowrian said:

Yes

What type if refusal is it classed as then? What reason for being refused entry will I write on the DS-160?

[Boiler 43,432]

Sounds like you were allowed to withdraw your application?

[Banana9ieue 26]

14 hours ago, Boiler said:

Sounds like you were allowed to withdraw your application?

 

Edited March 19, 2019 by Ella and James

[Georgiaosula 2]

Did you end up starting you k1 then the same thing just happened to me except they denied me because they believed I was going there to work, so me and my boyfriend are going to start the k1 I was also worried whether this will make it harder

[Unidentified 2,930]

On 3/11/2019 at 1:26 PM, SimplyComplex said:

I'm sorry to hear everyone else's experiences too.

I just didn't realise how much would be frowned upon until it was too late. As I said, it was my first time travelling abroad and I naively thought that with the approved ESTA allowing upto 90 days, it would allow upto 90 days. I'm on a gap year after my degree and put my job hunting on hold so that I would have the time to spend over there. As you know, with long distance you don't get the time that other couples do, so we simply were excited to make the most of as much time as we could. We knew that we'd have all expenses covered between us and didn't intend to do any harm. Just wish I'd known what it would cause so I could have made the trip shorter. Also even though I didn't have as much funds in my debit account as they wanted, I did try and tell them that I had access to more to transfer over if i needed (it was my mum that worries about cards being lost or stolen so she'd told me not to have too much in my main account at a time), to which they didn't take any notice. I could go over and over it in my head, as I have been, and forever kick myself for things we could have done differently so I would have been able to have my holiday, but it is what it is now I suppose. Just not something I will get over quickly. 

I am just relieved that it sounds like it shouldn't affect a K1 application. 

They do allow you to stay 90 days. But you were unable to show any ties to your home country and you had no previous travel history so therefore they wouldn't let you in. As someone said earlier, it is better to have a date instead of a number of days. I always traveled with a letter from my boss saying I was expected back at work. 

 

I don't think your funds would have made a difference. You had no job to return to. 

 

You'll be fine for the K1 one but you will have a hard time visiting during the long process.