Denied Entry at Airport, Applying for Cr1

[rkshokz 28]

Greetings! A few months ago, my girlfriend used an ESTA and was denied entry at LAX. Reason was because they said she was planning to enter the US, overstay and possible file for the k1 visa. It didn't help that she was about 4 months pregnant.

To be honest, we did talk about that as an option even though we knew it was illegal. I'm assuming they found out by going through her phone. She was just coming here for a wedding and we were going to see if we were going to go the k1 route or cr1. That was easily decided for us.

They gave her the option of admitting the truth or they would have detained her for a week. She obviously admitted and they sent her back to Taiwan on the next flight. We eventually got married and started the cr1 process and just got the I130 approval.

Will her denied entry come back to bite us in the ### later on in this Cr1 process? I checked the paperwork customs gave her, but nowhere did it say she was banned for x number of years.

On the document it said, you have been found to be inadmissible for violation of Section 212 (a) (7)(a)(i)(I) and it continued to say she can't ever used the Visa Waiver Program. But at the end it said in the future she would need an immigrant or non-immigrant visa for future application. I'm assuming we are ok right, or am I thinking too much?

[Boiler 45,659]

Was she coming for her wedding?

 

Assuming she was allowed to withdraw her application it would not be an issue, for most a CR1 makes more sense than a K1.

[rkshokz 28]

Just now, Boiler said:

Was she coming for her wedding?

 

Assuming she was allowed to withdraw her application it would not be an issue, for most a CR1 makes more sense than a K1.

 

Shoot! I should have made that clear, she was coming to our friend's wedding.

She had a return ticket, but not going to lie, there were talks about just doing the k1 while here, which is not right. Fortunately for us, getting married and having our child in Taiwan worked out better (cheaper and more support). 

 

[Boiler 45,659]

Does not matter where she is when filing the k1.

[JFH 12,190]

Actually they were concerned she was going to stay and adjust status, not file a K-1. Filing a K-1 and returning to Taiwan to complete the embassy process is what CBP want you to do. Or get married and file a CR-1. 
 

Her VWP days are likely over. She will need to re-apply and declare the refusal and see what happens. If she is denied then she will need to apply for a B-2 to visit. 
 

The good news is that this incident will have no impact on the K-1 or CR-1 application. 

[rkshokz 28]

30 minutes ago, JFH said:

Actually they were concerned she was going to stay and adjust status, not file a K-1. Filing a K-1 and returning to Taiwan to complete the embassy process is what CBP want you to do. Or get married and file a CR-1. 
 

Her VWP days are likely over. She will need to re-apply and declare the refusal and see what happens. If she is denied then she will need to apply for a B-2 to visit. 
 

The good news is that this incident will have no impact on the K-1 or CR-1 application. 

 

Thanks for your response. We're doing the CR-1 route so that's good news then.