Will ESTA refusal affect K1 Visa?

[henryyang104 2]

Hi everyone,

 

I'm new to the group and I have 2 questions but couldn't find a similar post in the group. So...

 

My fiance recently was denied access into the United States at SFO (San Francisco International Airport) and was sent back to Taiwan. She had a valid ESTA but was rejected because the officer doubted her intension, a poor suggestion by our lawyer (to use ESTA to enter the country)... We now need to apply for K1 but:

 

1. Will this ESTA refusal affect her K1 application? (the office at the custom told my fiance that she doesn't need to worry as long as I can apply K1 for her, but then again that's just he says she says.)

 

2. We never registered in Taiwan but we did have a ceremony because we both have grandparents over 90 years old whom won't be able to join our future wedding in the US. Will this "ceremony (it's been posted on facebook by our friends)" affect us? 

 

 

Any answer will be appreciated!

[Roel 7,192]

If you had a wedding/religious ceremony you should apply for cr1 Visa. K1 might be a risk. Not to mention that cr1 is better in a long run. Just go back to Taiwan to get "fully" married and do spouse Visa. 

[Crazy Cat 41,975]

3 hours ago, henryyang104 said:

Hi everyone,

 

I'm new to the group and I have 2 questions but couldn't find a similar post in the group. So...

 

My fiance recently was denied access into the United States at SFO (San Francisco International Airport) and was sent back to Taiwan. She had a valid ESTA but was rejected because the officer doubted her intension, a poor suggestion by our lawyer (to use ESTA to enter the country)... We now need to apply for K1 but:

 

1. Will this ESTA refusal affect her K1 application? (the office at the custom told my fiance that she doesn't need to worry as long as I can apply K1 for her, but then again that's just he says she says.)

 

2. We never registered in Taiwan but we did have a ceremony because we both have grandparents over 90 years old whom won't be able to join our future wedding in the US. Will this "ceremony (it's been posted on facebook by our friends)" affect us? 

 

 

Any answer will be appreciated!

From my understanding, this is, likely,  not yet a legal marriage in Taiwan if you never registered it with Household Registration..  This is from the American Institute in Taiwan, which is the "equivalent" of a US consulate:

 

"Effective May 23, 2008, registration of a marriage at the Household RegistrationBureau Office (HHR) constitutes a performed marriage. ... Foreigners who want to marry in Taiwan will also need to provide written proof from their home government that they are single and legally free to marry."

 

Let me tell you a short story.  In 2015, my wife and I were married in Taiwan.  We signed our marriage agreement at a restaurant with 2 members of her family as witnesses on July 27th......However, we didn't register the marriage with Household Registration until July 30th...........The OFFICIAL marriage certificate issued by our Household Registration establishes our marriage as July 30th, 2015.  That is our official date of marriage.

 

My advice is to register a marriage agreement with your wife's Household Registration office as soon as possible, obtain an official marriage certificate (they will officially print it in Chinese and English), then start the CR-1 process. You might have to obtain a letter from AIT stating that you are free to marry. In about 12-14 months, you wife can have her visa in hand.  Her entry denial won't affect the process other than the fact that she can't use ESTA and she would very likely not obtain a B2 visa.  You will have to visit her there or somewhere outside the US during the process.  

 

I would NOT consider applying for a K-1, unless there are other factor (such as children).  The benefits of of CR-1 are vast superior, imo, to a K-1.

 

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

 

For what it's worth, those are my thoughts...Good luck on your journey.  I hope everything works out for you.

 

 

[Crazy Cat 41,975]

This is more official information from AIT concerning marriage in Taiwan.  Note the red text I highlighted:

https://www.ait.org.tw/u-s-citizen-services/local-resources-of-u-s-citizens/marriage/

 

"Marriage & Divorce in Taiwan

Taiwan law regarding marriage is very simple.  Effective May 23, 2008, registration of a marriage at the Household Registration Bureau Office (HHR) constitutes a performed marriage.  The date of the registration at this office is the effective date of the marriage.  The HHR Office’s printed record of the marriage constitutes official evidence of the marriage.  However, the HHR office can also issue a “Marriage Certificate” in both Chinese and English for a fee of NT$100, if requested.

You can register your marriage at any HHR office.  The couple must go to the HHR office with passports, ARC (if applicable), and a prepared written marriage agreement between the two parties which has already been signed by two adult witnesses (witnesses do not need to appear at the HHR office).  Download a sample marriage agreement. (PDF 122 KB)

Foreigners who want to marry in Taiwan will also need to provide written proof from their home government that they are single and legally free to marry.  This document must then be authenticated by the Taiwan Ministry of Foreign Affairs.   Because there is no centralized marriage registry in the U.S. to confirm single status, Taiwan authorities will accept a sworn statement of single status (an Affidavit notarized by AIT) from U.S. citizens.  For more information about notarial services at AIT, please visit the “Notary Services” page.  Once notarized by AIT, this Affidavit must then be authenticated by the Taiwan Ministry of Foreign Affairs.

Also effective May 23, 2008, marriages performed by Notaries Public at a District Court are not final legal marriages until they are registered at the HHR Office.  In other words, couples who use the District Court must also register the marriage at the HHR office in order for the marriage to be completed under Taiwan law.  The Notary Public can only issue a “Certificate of Notary Public,” and cannot issue a “Marriage Certificate.”  The official date of the marriage under Taiwan law will be the date that the couple registered it with the Household Registration Bureau, not the date that the couple appeared at the District Court.

Some couples choose to purchase stylized blank marriage certificates from book stores or download them from the internet and complete them themselves.  These can be beautiful mementos, but the HHR record printout and/or the HHR-issued marriage certificate are the official evidence of marriage.

For more information visit the Department of Household Registration website.  This site lists the addresses of HHR offices by region and city.

All U.S. states have their own laws concerning marriage and all states generally recognize marriages performed outside of their jurisdiction, provided that the marriage was in compliance with the laws of the place in which it was performed.  Since the requirements for legal marriage differ from state to state, U.S. citizens should contact their state for more information about how a foreign marriage will be treated in their state.

If you are interested in obtaining a U.S. immigrant visa for your new spouse, Please visit the AIT,Immigrant Visa Section website for more information."

Edited April 7, 2019 by missileman

[henryyang104 2]

Thank you guys! I know K1 will cost more but we really want her to be in the States as soon as possible...spoke with several lawyers and it seems like CR1 is taking longer than expected...is that true?

[Crazy Cat 41,975]

1 minute ago, henryyang104 said:

Thank you guys! I know K1 will cost more but we really want her to be in the States as soon as possible...spoke with several lawyers and it seems like CR1 is taking longer than expected...is that true?

No.....12-14 months on average......not much longer than a K1.......but superior and less expensive........I would urge you to register your marriage at Household Registration and start CR-1 process........

Edited April 12, 2019 by missileman

[Crazy Cat 41,975]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[henryyang104 2]

Wait, how long is the process for K1 right now? I thought it is avg. 4-8 months? Does it make any difference that we're applying it in Taiwan (fewer applicants)?

[Letspaintcookies 2,310]

10 minutes ago, henryyang104 said:

Wait, how long is the process for K1 right now? I thought it is avg. 4-8 months? Does it make any difference that we're applying it in Taiwan (fewer applicants)?

Those times are gone. It's more 8- 12 months. For the first part, the approval from USCIS it doesn't make a difference since they work by receive dates. Maybe you'll get a interview date at the embassy/ consulate faster than in some other countries but I don't know how it works in Taiwan. Maybe you can search for experiences from others here on VJ.

[Crazy Cat 41,975]

8 minutes ago, henryyang104 said:

Wait, how long is the process for K1 right now? I thought it is avg. 4-8 months? Does it make any difference that we're applying it in Taiwan (fewer applicants)?

Per other Visa Journey members the average time from K-1 submission to interview is 273 days.....I don't think it makes any difference.  Our Taiwan case (CR-1) took 13 months.....right at the VJ reported average at that time.  Only you can decide what is right for you....but let me repeat that if your fiance comes here on a K-1 visa, she will not be allowed to work, leave the US & return, and possibly other things for about 6 months...or longer.  A lot of K-1 immigrants have experienced significant problems during this "limbo" period........

I just want you to be fully informed.........Good luck, and feel free to message me at any time.......my wife (Taiwanese) would be happy to speak to you or your fiance/wife, too....😁