Denied entry at airport, k1 next?

[pcube99 0]

Hello. My girlfriend was denied entry to the US while using an ESTA and was sent back to her home country. During the questioning, she admitted that she was planning to use the ESTA and then marrying when she was here. She is now back at her home country.

 

If we apply for the K1 visa now, will she be denied that visa? I've talked a few lawyers and they have all said no and not to worry. But anyone have any experience with this? 

 

I'm a US citizen and if there aren't any issues, I will apply for her k1 soon. We've been together for about 6 years and just recently I wanted her to move back to the US with me.

[VNN 147]

No. It does not reduce her chance of getting K-1 visa as if she never had got denied entry. 

[geowrian 22,336]

Sounds like she was allowed to withdraw her application for entry. She admitted to wanting to marry. Did she also intend to stay in the US / obtain  green card while on that trip?

 

A withdrawal of application for admission won't impact a K-1.

If it was an expedited removal instead, that is an issue requiring an I-212. But that doesn't seem to be the case.

[Pitaya 2,577]

11 minutes ago, pcube99 said:

Hello. My girlfriend was denied entry to the US while using an ESTA and was sent back to her home country. During the questioning, she admitted that she was planning to use the ESTA and then marrying when she was here. She is now back at her home country.

 

If we apply for the K1 visa now, will she be denied that visa? I've talked a few lawyers and they have all said no and not to worry. But anyone have any experience with this? 

 

I'm a US citizen and if there aren't any issues, I will apply for her k1 soon. We've been together for about 6 years and just recently I wanted her to move back to the US with me.

Sure, you can petition to use the I-129F K1 fiancee visa to have your beneficiary fiancee come to the US and marry you. Due to her run-in with CBP, it is highly unlikely that she is now eligible to use the ESTA visa waiver program. Additionally, she likely shouldn't bother applying for a visitor/tourist visa. Her admission of trying to use a visitor/tourist waiver program for immigration purposes was not a very good move. If your K1 visa petition is approved, and if she is approved to receive and use a K1 Visa, CBP may likely scrutinize her K1 visa paperwork carefully at the POE, due to her past history with VWP program. If it is all ok, she should be allowed to enter the US to complete her K1 visa process. Who knows, it may have no impact at all on her K1.

 

Good luck on your immigration journey.

YMMV

[pcube99 0]

I don't think she was allowed to withdraw her application for entry. On the transcript, it says she violated:

 

Documentation Requirements [INA § 212(a)(7)]

 

I dont mind doing the K1 as long as there's no risk of it being denied because of the denied entry.

[pcube99 0]

Yep, she's banned from using any of the esta waiver. Customs said she might be eligible for a regular tourist visa, but highly unlikely. So its either k1 or spousal for us now. 

[geowrian 22,336]

15 minutes ago, pcube99 said:

I don't think she was allowed to withdraw her application for entry. On the transcript, it says she violated:

 

Documentation Requirements [INA § 212(a)(7)]

 

I dont mind doing the K1 as long as there's no risk of it being denied because of the denied entry.

That was the reason for being denied entry. Whether she was allowed to withdraw her application for entry or not is a separate matter. The only options are that or an expedited removal. The expedited removal would at least have papers stating this as well.

 

No visa has "no risk" of being denied entry. Every entry of a non US citizen is at CBP's discretion. That said, she was denied due to immigrant intent (trying to enter as a non-immigrant with intent to immigrate). A K-1 visa permits immigrant intent, so there would be no basis for refusal of entry on that grounds.

[pcube99 0]

1 minute ago, geowrian said:

That was the reason for being denied entry. Whether she was allowed to withdraw her application for entry or not is a separate matter. The only options are that or an expedited removal. The expedited removal would at least have papers stating this as well.

 

No visa has "no risk" of being denied entry. Every entry of a non US citizen is at CBP's discretion. That said, she was denied due to immigrant intent (trying to enter as a non-immigrant with intent to immigrate). A K-1 visa permits immigrant intent, so there would be no basis for refusal of entry on that grounds.

Thank you. Let's just hope she gets the k1 visa then!

[little immigrant 800]

Why not marry in her country and do CR1 instead? This way she will be a Green Card holder upon entry.

[SalishSea 16,899]

11 hours ago, pcube99 said:

I don't think she was allowed to withdraw her application for entry. On the transcript, it says she violated:

 

Documentation Requirements [INA § 212(a)(7)]

 

I dont mind doing the K1 as long as there's no risk of it being denied because of the denied entry.

No visa application is ever guaranteed, for anyone.

[nastra30 2,044]

12 hours ago, pcube99 said:

Hello. My girlfriend was denied entry to the US while using an ESTA and was sent back to her home country. During the questioning, she admitted that she was planning to use the ESTA and then marrying when she was here. She is now back at her home country.

 

If we apply for the K1 visa now, will she be denied that visa? I've talked a few lawyers and they have all said no and not to worry. But anyone have any experience with this? 

 

I'm a US citizen and if there aren't any issues, I will apply for her k1 soon. We've been together for about 6 years and just recently I wanted her to move back to the US with me.

Will CR1 be an option for you? If not you may also want to consider that route.

[JFH 12,189]

Well, kudos to her for being honest. As she has discovered, entering as a visitor with the intention of staying for good is not permitted. Maybe she wasn’t aware of this or maybe she was given bad advice - there have even been cases where lawyers have not only advised people to do this but have also charged money for this so-called “advice”. 

Assuming she meets all of the requirements for a K-1 or CR-1 there should be no reason for denial. They can’t even accuse her of lying because she was upfront about her intentions. 

I would recommend you consider the CR-1 in your research of where to go from here. 

[pcubes99 20]

Hey Guys, sorry I had to re-create my account with another user-name. 

 

We didn't think about using the Cr-1 process for these reasons:

 

1) I have limited vacation time so I would need to take a few days off now to fly there to get married. We are expecting a child around November so I am saving up my time to be with there then. Btw, does having a child hurt or help obtaining a K1? 

- I did some research and my soon to be born daughter born abroad should get a US passport without much scrutiny. 

 

2) I would like her back in the US as soon as possible, most lawyers and research I've done online says K1 is still a bit faster.

 

3) She doesn't need to work while in the US and we don't plan on traveling outside the US for a few years

 

With those factors, that's why we're leaning towards the K1. I just hope the denied entry won't come back to bite us, but from the looks of things it shouldn't be an issue. Thank you.

 

 

[Going through 5,668]

9 minutes ago, pcubes99 said:

Btw, does having a child hurt or help obtaining a K1? 

Does not make a difference either way in terms of approval/denial.

Edited May 19, 2019 by Going through

[VNN 147]

1 hour ago, pcubes99 said:

Hey Guys, sorry I had to re-create my account with another user-name. 

 

We didn't think about using the Cr-1 process for these reasons:

 

1) I have limited vacation time so I would need to take a few days off now to fly there to get married. We are expecting a child around November so I am saving up my time to be with there then. Btw, does having a child hurt or help obtaining a K1? 

- I did some research and my soon to be born daughter born abroad should get a US passport without much scrutiny. 

 

2) I would like her back in the US as soon as possible, most lawyers and research I've done online says K1 is still a bit faster.

 

3) She doesn't need to work while in the US and we don't plan on traveling outside the US for a few years

 

With those factors, that's why we're leaning towards the K1. I just hope the denied entry won't come back to bite us, but from the looks of things it shouldn't be an issue. Thank you.

 

 

#1. Standard answer is same. However, having the child may actually add some help, depending on other primary supports that you guys have.  

To obtain your child's USC/passport, it is quite simple.  One of the commons thing that may prevent it is the USC parent has not lived in US to meet residency requirement for domicile.

 

Note: in some countries, depended on customs and traditions, having a child together is considered "too married" for seeking K-1 visa but I do not think it is the case with (most) EU Countries.

 

#2. K-1 may still a bit faster but probably not much (we are talking about 2-3 months - estimated, of course).

 

#3. Then these reasons may lessen the need for CR-1