k1 Visa leaving states with adjusting to status

[TonyValenz 0]

Hello, Im a US Citizen who has petitioned for a k1 visa and married my UK girlfriend here in the states.

 

After marriage, I didn't realize that we never got her a SSN Number, as I was trying to purchase her Medical Insurance and she also fell pregnant with my child during that time.

 

Now we are in a tough position and decided for her to go back and live in the UK, until we figure things out, with all the Pandemic.

 

My question is, will she be able to comeback on a Tourist Visa, to visit me with our child in the meantime, or will the US Bar her from the country, even using a Tourist visa

 

thanks in advance(=

[payxibka 10,044]

4 minutes ago, TonyValenz said:

Hello, Im a US Citizen who has petitioned for a k1 visa and married my UK girlfriend here in the states.

 

After marriage, I didn't realize that we never got her a SSN Number, as I was trying to purchase her Medical Insurance and she also fell pregnant with my child during that time.

 

Now we are in a tough position and decided for her to go back and live in the UK, until we figure things out, with all the Pandemic.

 

My question is, will she be able to comeback on a Tourist Visa, to visit me with our child in the meantime, or will the US Bar her from the country, even using a Tourist visa

 

thanks in advance(=

She can apply, but the question of immigrant intent will be hard to overcome .

 

FYI, give the insurance company a placeholder SSN until she gets one.

Edited July 26, 2020 by payxibka

[TonyValenz 0]

She's not planning on moving back to the states because of other reasons but want's to make sure she can still visit with our child, will she get barred for 3 years for not getting the adjustment to status

[Unlockable 7,306]

As long as you two married within the 90 days she should be good. However, the problem with the tourist visa is that it is NEVER guranteed. Meaning there is no 100% guarantee she will get another one or if she has one, that she will be allowed to travel here. 

[Iscir 295]

self deleted

Edited July 26, 2020 by Iscir

[payxibka 10,044]

1 minute ago, Iscir said:

if you two married and applied adjustment of status within the 90 days, then she wouldn’t be barred because while adjusting status she is legally authorized to stay. If she is from the UK she can apply for the ESTA and try to visit, but not apply for a tourist visa or she will be most likely denied and also lose her visa waiver program privilege. But then even with an approved ESTA or tourist visa she has to show to the CBP officers that she doesn’t have immigrant intent, so entry is never guaranteed. She needs to have strong ties to the UK. 

ESTA is forever gone for her.

[Iscir 295]

5 minutes ago, payxibka said:

ESTA is forever gone for her.

you’re right, her adjustment of status will be denied and she will lose her ESTA. 

[TonyValenz 0]

29 minutes ago, Iscir said:

Thank you all for the advice!

, as this is a serious decision and she hasn't left yet, this may, make us re think things

 

 

[igoyougoduke 1,604]

1 hour ago, TonyValenz said:

Hello, Im a US Citizen who has petitioned for a k1 visa and married my UK girlfriend here in the states.

 

After marriage, I didn't realize that we never got her a SSN Number, as I was trying to purchase her Medical Insurance and she also fell pregnant with my child during that time.

 

Now we are in a tough position and decided for her to go back and live in the UK, until we figure things out, with all the Pandemic.

 

My question is, will she be able to comeback on a Tourist Visa, to visit me with our child in the meantime, or will the US Bar her from the country, even using a Tourist visa

 

thanks in advance(=

if she leaves,  ESTA will be revoked, K1 no longer exists, you will have to start IR1 again for her to enter due to her immigrant intent.  All non immigrant visas will be rejected in her case 

[TonyValenz 0]

she has been her for 180 days, I thought that she would be barred for 3 years but not completely denied a ESTA Visa?

[payxibka 10,044]

33 minutes ago, TonyValenz said:

she has been her for 180 days, I thought that she would be barred for 3 years but not completely denied a ESTA Visa?

ESTA is not a visa.

 

One day of overstay eliminates the ability to use esta 

Edited July 26, 2020 by payxibka

[Canerican 242]

2 hours ago, TonyValenz said:

Hello, Im a US Citizen who has petitioned for a k1 visa and married my UK girlfriend here in the states.

 

After marriage, I didn't realize that we never got her a SSN Number, as I was trying to purchase her Medical Insurance and she also fell pregnant with my child during that time.

 

Now we are in a tough position and decided for her to go back and live in the UK, until we figure things out, with all the Pandemic.

 

My question is, will she be able to comeback on a Tourist Visa, to visit me with our child in the meantime, or will the US Bar her from the country, even using a Tourist visa

 

thanks in advance(=

If you married and applied for adjustment of status within 90 days of her entry then she was in authorized stay therefore she does not incur a ban. 
 

Due to applying for adjustment of status it will be hard to overcome immigrant intent for ESTA in the future. 

[JFH 12,189]

*~*~*question about visiting moved from “K-1 fiancé visa process avd procedures” to “tourist visas”*~*~*

[Orangesapples 1,954]

You don't need an SSN for health insurance, you can still add her. Please don't move just because of this. 

[SusieQQQ 11,584]

ESTA is gone. If she moves back and can’t get a tourist visa, what then?