Denied Boarding A Flight - Help

[Honeyhelper 0]

Hi,

 

I have never heard of this happening to anyone else before and I cannot find answers about this anywhere else. 

I am the beneficiary of a pending K1 visa (at NVC currently). I'm from Australia, a VWP country. I've been to the US three time in the past two years. Twice for 3 weeks and the last time was nearly 90 days.

 

I recently attempted to visit my fiance again while we are waiting for our visa interview. I was denied boarding the flight to the US and the only reason given was that my ESTA was unauthorised. I had only reapplied for the ESTA about a month before this flight and it was approved. When they took me away from the check in area they told me to re-check the status electronically and it was still showing approved. They gave me no reason for it being revoked. The only thing the airline staff member (who was representing CBP apparently and was on the phone with someone in the US i believe) said was "oh you've been to the US a lot recently?" and I answered by saying the last time was about a year ago. They gave me no documents and no stamp in my passport. My I-94 record shows that I arrived in the US on that day even though I never even got on the plane.

 

Further information:

-Last time I went they stamped my passport with an admission date until the 1st of November 2020 but my I-94 record shows that the admit until date is the 15th November 2020. I left the US on the 14th of November because I had no idea about the stamp on my passport. I only knew to look at the I-94. Should this be cause for concern for me to get a K1 visa? I'm really stressed because I have done everything correctly and legally to the best of my knowledge. I wish I knew why I was denied boarding or someone else who has been through a similar thing to me.

 

Any help/advice/experience would be really appreciated.

 

[SusieQQQ 11,584]

13 minutes ago, Honeyhelper said:

Last time I went they stamped my passport with an admission date until the 1st of November 2020 but my I-94 record shows that the admit until date is the 15th November 2020. I left the US on the 14th of November because I had no idea about the stamp on my passport. I only knew to look at the I-94. Should this be cause for concern for me to get a K1 visa

Not a concern for the K1 but this is almost certainly why your ESTA was revoked.

[Honeyhelper 0]

8 minutes ago, SusieQQQ said:

Not a concern for the K1 but this is almost certainly why your ESTA was revoked.

So is it considered an overstay? Which is considered the correct admit until date? My I-129f has been approved with this I-94 record. Am I going to have a problem if I get the K1 and fly to the US next time?

[Zoeeeeeee 795]

 

2 hours ago, Honeyhelper said:

So is it considered an overstay? Which is considered the correct admit until date? My I-129f has been approved with this I-94 record. Am I going to have a problem if I get the K1 and fly to the US next time?

You shouldn't do - K1 is an immigrant visa and if they've issued your visa, they're effectively agreeing for you to reenter. They'll potentially want to discuss it during your K1 interview, of course.

[canadian_wife 1,791]

3 minutes ago, Zoeeeeeee said:

 

You shouldn't do - K1 is an immigrant visa and if they've issued your visa, they're effectively agreeing for you to reenter. They'll potentially want to discuss it during your K1 interview, of course.

Technically k-1 is a non-immigrant visa.  And although refusal of admittance with a k1 is rare, an issuance of a k-1 visa will never guarantee entrance into the US, this is only reserved for US citizens.  
 

OP I was denied entrances into the US twice so I understand!  It will be discussed at your interview but honesty is the only policy.  Heck!  I played it up “of course wanted to visit him as often as possible, look at him!  And he treats me good too!”  The CO laughed and moved on.  
 

you will probably stress until admittance into the US if you are anything like me but VJ is a great support system.

 

good luck

Edited September 18, 2021 by canadian_wife

[SusieQQQ 11,584]

If there is a discrepancy between the i94 and a passport stamp it should be cleared up with CBP. As you did not do this, I would expect that the stamp in the passport carries the authority. There is a disclaimer on the i94 website that it may not be fully accurate and you know this too from the fact that it shows you currently admitted when you are not - another thing you may want to contact CBP about.

4 hours ago, Honeyhelper said:

My I-94 record shows that I arrived in the US on that day even though I never even got on the plane.

I94 dates are partly based on airline systems so that’s likely why it shows you admitted.

[Boiler 43,446]

You were flying from Australia?

[Zoeeeeeee 795]

4 hours ago, canadian_wife said:

Technically k-1 is a non-immigrant visa.  And although refusal of admittance with a k1 is rare, an issuance of a k-1 visa will never guarantee entrance into the US, this is only reserved for US citizens.  

 

 

Technically it is...but it's treated the same as an immigrant visa in most situations. And yes, of course, technically no visa (nor a greencard) is a guaranteed entry - but if the OP has had it granted, ie the overstay has been accepted at their K1 interview, it is very unlikely to met with denial at their POI.

 

So, unlike you did, I don't think the OP has any need to stress until admittance. 

[Allaboutwaiting 2,500]

Denied entry should not cause an issue for the K1.

 

What I would try to clarify if I was in your position, is the most recent arrival on the I-94 records. 

[Catia&Sal 20]

"My I-94 record shows I arrived in the US that day even though I never even got on the plane."

Pay attention to this detail, it also happened to me in 2007, I was returning to Milan from New York, and at JFK airport they didn't remove the green passport label (if you remember the old system before Esta). So I emailed CPB and explained the situation. They gave me a physical address of CPB in London and asked me to return the green label and show some proof that I was really in Milan (I sent a registered letter with a credit card receipt from a Milan store and some evidence of my departure and that I was really in Italy).

Maybe my advice is useless because it is all electronic now, however take a look, you can prove that you are not gone.

 

[PepeTheParrot 4]

First step to addressing a problem is determining exactly what the problem is, so you can address the issue. I’d start by contacting your local consulate - specifically a CBP agent. if they are unable to tell you, I’d reach out to an immigration office in the US.  This should be what you’re focusing on: once you know what the problem is, you can figure out how to fix it.

 

As a side note, denied boarding is not uncommon. The final decision for immigration related issues is typically taken by the CBP. The airlines will follow whatever they’re told to do - otherwise a fine will be applied to the carrier. 

[SusieQQQ 11,584]

39 minutes ago, PepeTheParrot said:

I’d start by contacting your local consulate - specifically a CBP agent. i

? Different departments. Consulate is DoS, CBP is DHS. If you want to contact CBP you need to do that separately from the consulate.  
 

on the incorrect i94,  https://i94.cbp.dhs.gov/I94/#/faq

If you feel this information is incorrect, you have two options:

1. You can contact the CBP Traveler Communications Center at (202) 325-5120.
2. You can formally write to the Department of Homeland Security's Travel Redress Inquiry Program (DHS TRIP). DHS TRIP is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs, like airports and train stations, or crossing U.S. borders, including: denied or delayed airline boarding, denied or delayed entry into and exit from the United States at a port of entry or border checkpoint continuously referred to additional (secondary) screening.

 

You can contact DHS Traveler Redress Inquiry Program (DHS TRIP) at http://www.dhs.gov/trip.

Or, by mail at the following address:

DHS Traveler Redress Inquiry Program (TRIP)

601 South 12th Street, TSA-901

Arlington, VA 22202