Need help on my situation

[Sabrina12345 6]

Hello, 

I was just denied entry to the USA with a ESTA because the purpose of my trip was to get married to a US citizen. 

They said to obtain a k1 visa and then come back. 

They didn’t accuse me of anything or ban me, or at least it doesn’t say it on the papers. 

But on the letter they gave me it says “she was advised to come back with a visa and waiver.”
Would the waiver be if I intended to come back with a tourist visa? Do I still need a waiver if I come with a k1? 


Thank you 

Less

 

 

[Crazy Cat 39,226]

Waiver?    Can you post a copy of the letter?

Edited December 18, 2021 by Crazy Cat

[Loren Y 2,732]

If you had a return ticket, and told them you intended to return after the marriage to wait for the spousal visa to process, you should not have had an issue. People come to the US get married and leave all the time. If you came on a one way ticket, and with all your belongings in toe, and no return ticket, that could have caused the issue.

[Crazy Cat 39,226]

9 minutes ago, Loren Y said:

If you had a return ticket, and told them you intended to return after the marriage to wait for the spousal visa to process, you should not have had an issue. People come to the US get married and leave all the time. If you came on a one way ticket, and with all your belongings in toe, and no return ticket, that could have caused the issue.

Yep.  It sounds like CBP thought the OP was going to marry and  adjust status.

[Sabrina12345 6]

16 minutes ago, Crazy Cat said:

Waiver?  You only need a waiver if you have been deemed inadmissible.  Can you post a copy of the letter?

Here’s the letter I received. I only blocked out my name and personal info. 

[Sabrina12345 6]

5 minutes ago, Crazy Cat said:

Yep.  It sounds like CBP thought the OP was going to marry and  adjust status.

Yes I did admit that I was going to get married and adjust status because my lawyer told me it was legal. The officer told me it was a grey area. My question is do I need a waiver if I come back on a k1 visa ? 

[Crazy Cat 39,226]

46 minutes ago, Sabrina12345 said:

es I did admit that I was going to get married and adjust status

It is illegal to enter the US as a tourist with the intent to stay and adjust status...........fire that attorney!!!  Were you expeditiously removed?  If so, your attorney just got you a 5 year ban.

Edited December 18, 2021 by Crazy Cat

[Sabrina12345 6]

Just now, Crazy Cat said:

Seriously?  It is illegal to enter the US as a tourist with the intent to stay and adjust status...........fire that attorney!!!

I did… but what now? Do I need a waiver or not? No one is giving me a straight answer. I called the consulate in France and they weren’t any help. 

[Crazy Cat 39,226]

Just now, Sabrina12345 said:

I did… but what now? Do I need a waiver or not? No one is giving me a straight answer. I called the consulate in France and they weren’t any help. 

Fire that attorney!!!  Were you expeditiously removed?  If so, your attorney just got you a 5 year ban.

[Sabrina12345 6]

2 minutes ago, Crazy Cat said:

Fire that attorney!!!  Were you expeditiously removed?  If so, your attorney just got you a 5 year ban.

No I didn’t get a ban I just withdrew my application for admission. 
the officers told me to just come back with proper visa next time. 
but they didn’t mention anything about a waiver. 

[Crazy Cat 39,226]

2 minutes ago, Sabrina12345 said:

No I didn’t get a ban I just withdrew my application for admission. 
the officers told me to just come back with proper visa next time. 
but they didn’t mention anything about a waiver. 

Your ESTA is gone forever, but it appears you do not need a waiver to enter via a K-1.

Edited December 18, 2021 by Crazy Cat

[Sabrina12345 6]

Just now, Crazy Cat said:

Your ESTA is gone forever, but it appears you do not need a waiver.

Yes I know I can’t use an esta again. But did the paper only mention a waiver if I were to come back on a tourist visa? But for k1 I don’t need it? 

[Crazy Cat 39,226]

Just now, Sabrina12345 said:

Yes I know I can’t use an esta again. But did the paper only mention a waiver if I were to come back on a tourist visa? But for k1 I don’t need it? 

It seems to me you can enter via a tourist visa without a waiver.....but getting a B2 might be difficult.

[Sabrina12345 6]

Just now, Sabrina12345 said:

Yes I know I can’t use an esta again. But did the paper only mention a waiver if I were to come back on a tourist visa? But for k1 I don’t need it? 

I’m just concerned that I only heard about waiver until I got home back to France and read the letter. I was never told about waivers only to come back on k1 visa.so I just want to be sure. I don’t want to get denied entry to the US with a k1 

because I need a waiver.

i don’t want a tourist visa I want to get married the legal way. 

[Crazy Cat 39,226]

You can thank your attorney for getting your ESTA permanently revoked.