denial of entry while K1 is pending

[fukita89 0]

Hello, 

 

me and my fiancé is about to file for K1 visa. 
since the processing time is long, we plan to visit each other during the processing time.and I have a job that requires business trip to USA. so I might have to travel to usa for work too while my K1 petition is ongoing. My question is, what happens if I get denied entry on ETA while K1 is pending ? do we need to withdraw the ongoing K1 petition and re-file again ? or can keep the ongoing K1 petition ? 

 

 

Edited October 25, 2022 by fukita89

[SalishSea 16,814]

11 minutes ago, fukita89 said:

Hello, 

 

me and my fiancé is about to file for K1 visa. 
since the processing time is long, we plan to visit each other during the processing time.and I have a job that requires business trip to USA. so I might have to travel to usa for work too while my K1 petition is ongoing. My question is, what happens if I get denied entry on ETA while K1 is pending ? do we need to withdraw the ongoing K1 petition and re-file again ? or can keep the ongoing K1 petition ? 

 

 

Voluntarily withdrawing your request to be admitted to the US at the border should not impact a pending K-1 petition.

 

As always, when seeking admission, you will want to have plenty of evidence of your intention to return to your country.   Do you have a B1 visa, for business?  If so, you can use it to travel for work per the stipulations of that visa.  You can't use a B visa to come to the US and work remotely.

[fukita89 0]

not to work remotely. I work for a company that imports whisky, so I may have to visit one of the distilleries or to attend exhibition. I just want to ask what happens if I get denied entry while my K1 visa is pending. Do I need to re-file for K1 visa?  I only have ESTA. 

Edited October 25, 2022 by fukita89

[SalishSea 16,814]

1 minute ago, fukita89 said:

not to work remotely. I work for a company that imports whisky, so I may have to visit one of the distilleries or to attend exhibition. I just want to ask what happens if I get denied entry while my K1 visa is pending. Do I need to re-file for K1 visa?  I only have ESTA. 

No, it would not impact the K1.  You would lose the ESTA though.

 

I may be wrong, but I didn't think ESTA could be used for business like a B1?

[fukita89 0]

1 hour ago, Jorgedig said:

No, it would not impact the K1.  You would lose the ESTA though.

 

I may be wrong, but I didn't think ESTA could be used for business like a B1?

yes ESTA can be used for Business Travel. 

 

My fiancé do not have to re-apply if I get denied entry while K1 is pending ? 

I am just concerned about the worst case scenario, if I get denied entry, what is going to happen to the K1 visa petition. 

[Dashinka 23,291]

30 minutes ago, fukita89 said:

yes ESTA can be used for Business Travel. 

 

My fiancé do not have to re-apply if I get denied entry while K1 is pending ? 

I am just concerned about the worst case scenario, if I get denied entry, what is going to happen to the K1 visa petition. 

No, your fiancé would not need to submit another I129F if for some reason you were denied entry on an ESTA.  If you are denied entry, the I129 F will still proceed, and you will be questioned on the entry denial when you actually interview for the K1 visa.

 

Good Luck!

[fukita89 0]

12 minutes ago, Dashinka said:

No, your fiancé would not need to submit another I129F if for some reason you were denied entry on an ESTA.  If you are denied entry, the I129 F will still proceed, and you will be questioned on the entry denial when you actually interview for the K1 visa.

 

Good Luck!

Okay thank you. very helpful !

[Ako & Rich 50]

I visited him twice (May and December 2021) with ESTA. We applied for a K1 visa after my first visit to him.

 

The first visit was at the height of Covid-19, so there were a handful of foreign travellers at the immigration. When I told an immigration officer at Detroit Metropolitan Wayne County Airport about a visit to my boyfriend/would-be fiancé who lived in NYC, the officer immediately asked me to come to the office. They asked me many questions about our relationship, and then one of the officers asked for my phone. They checked my WhatsApp chat with him. The officer called and asked him the same questions they had me. After they inspected my two suitcases and backpack, they finally gave me an "admitted" stamp on my passport. I had been there for more than one hour.

 

The second visit was more manageable. I brought our copied NOA 1 (I-797C), our attorney's letter, the letter from my workplace (university) and the bank statement to the immigration. The attorney told me if I showed the immigration my strong ties, which meant my job and money in the bank, with Japan (so I had to get back to), they wouldn’t deny my entry. However, I was asked (again) to come to the office where my all documents were scrutinised by the officer. After 30 or 40 minutes later I was free from the office.

[fukita89 0]

8 minutes ago, Ako & Rich said:

I visited him twice (May and December 2021) with ESTA. We applied for a K1 visa after my first visit to him.

 

The first visit was at the height of Covid-19, so there were a handful of foreign travellers at the immigration. When I told an immigration officer at Detroit Metropolitan Wayne County Airport about a visit to my boyfriend/would-be fiancé who lived in NYC, the officer immediately asked me to come to the office. They asked me many questions about our relationship, and then one of the officers asked for my phone. They checked my WhatsApp chat with him. The officer called and asked him the same questions they had me. After they inspected my two suitcases and backpack, they finally gave me an "admitted" stamp on my passport. I had been there for more than one hour.

 

The second visit was more manageable. I brought our copied NOA 1 (I-797C), our attorney's letter, the letter from my workplace (university) and the bank statement to the immigration. The attorney told me if I showed the immigration my strong ties, which meant my job and money in the bank, with Japan (so I had to get back to), they wouldn’t deny my entry. However, I was asked (again) to come to the office where my all documents were scrutinised by the officer. After 30 or 40 minutes later I was free from the office.

I have visited him twice this year but I was never taken to an another room. ( probably because duration of my visit was only a week both times )

But the next visit will be after we submit K1, so I should expect to be questioned and taken to another room.... Thank you for sharing your experience!

[Ako & Rich 50]

15 minutes ago, fukita89 said:

I have visited him twice this year but I was never taken to an another room. ( probably because duration of my visit was only a week both times )

But the next visit will be after we submit K1, so I should expect to be questioned and taken to another room.... Thank you for sharing your experience!

I stayed at his apartment from December 19, 2021 to January 14, 2022. It was a long stay, I guess. Of course, the officer asked about my return trip, so I showed them the return flight on the airline App. 

 

I think you should be honest about your situation and tell the immigration you have zero intention of getting married to him during a visit. 

[Mike E 11,723]

8 hours ago, fukita89 said:

Hello, 

 

me and my fiancé is about to file for K1 visa. 
since the processing time is long, we plan to visit each other during the processing time.and I have a job that requires business trip to USA. so I might have to travel to usa for work too while my K1 petition is ongoing. My question is, what happens if I get denied entry on ETA while K1 is pending ? do we need to withdraw the ongoing K1 petition and re-file again ? or can keep the ongoing K1 petition ? 

 

 

If you are asked to withdraw your application to enter the USA, nothing happens to your pending K-1.  
 

If you are given an expedited removal you will have a 5 year ban and thus your K-1 visa approval will be delayed.  

[fukita89 0]

17 minutes ago, Mike E said:

If you are asked to withdraw your application to enter the USA, nothing happens to your pending K-1.  
 

If you are given an expedited removal you will have a 5 year ban and thus your K-1 visa approval will be delayed.  

In what circumstance people would be given an expedited removal and 5 year ban ? 

[JeanneAdil 6,220]

8 hours ago, fukita89 said:

not to work remotely. I work for a company that imports whisky, so I may have to visit one of the distilleries or to attend exhibition. I just want to ask what happens if I get denied entry while my K1 visa is pending. Do I need to re-file for K1 visa?  I only have ESTA. 

Have u come to the US for business purposes in the past?

and can show that?

[Mike E 11,723]

7 minutes ago, fukita89 said:

In what circumstance people would be given an expedited removal and 5 year ban ? 

Generally if the CBPO believes you have committed fraud. For example you say you intend to visit but the CBPO has evidence you intend to work without authorization or stay beyond your authorized stay.   
 

You can mitigate  the risk of expedited removal by attempting to enter the USA via a preclearance port which is the norm for flights from fron Cbaada and Ireland.  Preclearance is also available at Abu Dhabi and some airports in the Caribbean.
 

You can further mitigate the risk should fly on a U.S. airline froma Preclearance airport as those flights tend to arrive at the domestic terminal.
 

 When I flew from Dublin to Chicago on Aer Lingus, CBP still met the flight at the arriving gate in the international terminal despite going through preclearance (because it was convenient for CBP to do so). On preclearance flights from Canada I’ve never had that experience. 

[fukita89 0]

12 minutes ago, JeanneAdil said:

Have u come to the US for business purposes in the past?

and can show that?

I never traveled to USA for business purpose in the past.