K1 visa Denied - ESTA is still valid - Marry on Tourist Visa?

[VisaK1ITA 2]

We have tried to official route, we did the K1 visa process, was approved through USCIS and denied at the consulate due to public charge (I've never received benefits in my life, I had a co-sponsor making more than double the required amount - yet I'm an unemployed student).

In a few days her K1 will ultimately be sent back to USCIS to be revoked. We could start the process again (7 months), which doesn't seem realistic for us, we've already waited. OR Is it possible to marry her here since she still has a valid ESTA, and file for change of status? Does the denied K1 have any bearing on the eligibility for that change of status?

I hear it takes a few days, would it be best if she flew over here ASAP (like within days)?

Thank you for your input.... what a horrible, horrible night.

[Hypnos 6,578]

Entering the US on a nonimmigrant visa with the intent to remain would constitute visa fraud, and if proven could result in a lifetime bar.

It is going to look extremely bad if she flies here just a few days after her K-1 is denied, you marry and then file for AoS immediately. Under those circumstances I'm not even sure she would be granted entry by CBP (they will be able to see that her K-1 was denied).

I would suggest you talk to a good immigration attorney ASAP and / or one of your congressional representatives. If you act fast enough then it's possible to prevent the K-1 returning to USCIS and instead you may be able to get a second interview. It's very difficult to do this however, and I certainly wouldn't try it alone.

I'm sorry for your situation, but do not add on an extra mistake by tacking on visa fraud to the ####### sandwich that you have currently.

[VisaK1ITA 2]

Thank you for your reply. I think you are right. I have already emailed my representatives. I will try to call them tomorrow. Also I can talk to a lawyer. The other option I know is getting married in her home country and filing a CR-1 to which the co-sponsor form has to be accepted as binding. At least that is what I'm told. The process is still 8 months though... gahhhhh

[Asia 2,499]

The other option I know is getting married in her home country and filing a CR-1 to which the co-sponsor form has to be accepted as binding. At least that is what I'm told. The process is still 8 months though... gahhhhh

IMHO that's the best option in your situation.

[C-ma'am 684]

Entering the US on a nonimmigrant visa with the intent to remain would constitute visa fraud, and if proven could result in a lifetime bar.

It is going to look extremely bad if she flies here just a few days after her K-1 is denied, you marry and then file for AoS immediately. Under those circumstances I'm not even sure she would be granted entry by CBP (they will be able to see that her K-1 was denied).

I would suggest you talk to a good immigration attorney ASAP and / or one of your congressional representatives. If you act fast enough then it's possible to prevent the K-1 returning to USCIS and instead you may be able to get a second interview. It's very difficult to do this however, and I certainly wouldn't try it alone.

I'm sorry for your situation, but do not add on an extra mistake by tacking on visa fraud to the ####### sandwich that you have currently.

I agree with Hypnos.

[Harpa Timsah 13,258]

What country are you from? Why wasn't your co-sponsor accepted? Were you given a chance to submit the correct documents? Something is not right here...

[VisaK1ITA 2]

I'm from the us (born and raised) she's from Italy. Yes we were almost positive they would accept the sponsor. But because I have no income they said it doesn't apply. And no she was handed a rejection form and told it was going to be sent back to uscis... I know we were both shocked, especially since we had everything quadruple checked (except this obviously).

Thank you all for your advice, it has been well taken

[Harpa Timsah 13,258]

That is really odd. I would start a new thread in the K-1 visa forum about your denial despite co-sponsor, and hopefully people there can help with information about the embassy in Italy, and next steps.

[VisaK1ITA 2]

Do you guys know, she currently has a valid ESTA (it expires in September). If I get married to her in Italy, can she still come back with me with the ESTA (perhaps bringing the petition as evidence she has intentions to go through that process if confronted?).

[Xanax 349]

Do you guys know, she currently has a valid ESTA (it expires in September). If I get married to her in Italy, can she still come back with me with the ESTA (perhaps bringing the petition as evidence she has intentions to go through that process if confronted?).

Go through which process? The Spousal visa?

Your fiancée or wife cannot come to the US on the vwp with the intent to then adjust status. She won't be allowed in the country if she states that is her intent.

[VisaK1ITA 2]

Sorry that is not what I meant. Yes while we are going through the CR-1 process. She would go on the vwp (her esta is still valid) with no intent to stay beyond the 90 days - and the cr-1 petition would help serve as proof, along with the return tickets and stuff. Once the 90 days are up she goes back, and we wait for the CR-1 to be finalized and for her to get her GC.

Thank you all by the way for your responses, they have been most helpful.

[VanessaTony 3,567]

Sorry that is not what I meant. Yes while we are going through the CR-1 process. She would go on the vwp (her esta is still valid) with no intent to stay beyond the 90 days - and the cr-1 petition would help serve as proof, along with the return tickets and stuff. Once the 90 days are up she goes back, and we wait for the CR-1 to be finalized and for her to get her GC.

Thank you all by the way for your responses, they have been most helpful.

She can try, but they still may stop her from entering given her rejected K1. She now obviously has immigrant intent. The denial of the K1 may mean the Cr-1 filing doesn't carry enough "weight" to prove she will go back to the US at the end of the time. Sucks really.

I know the in the Philippines they will often reject a co-sponsor if with a K1 visa. They will sometimes be easier if the K1 co-sponsor signs an I-864 (making it binding). I have to admit this is the first I've read of italy having the "no co-sponsor for K1" rule.

[VisaK1ITA 2]

Thank you for your input. Yes I was pretty surprised. And I don't think that they take a I-864 with the K1 which would have been nice.

[Xanax 349]

She can try to enter on the VWP but is she even eligible to use it anymore? Question F) on the ESTA application is

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled.

I am not sure if that would affect her ability to use the VWP but by you omission the visa was denied. Edited December 5, 2012 by Xanax

[VisaK1ITA 2]

I dont think she is eligible for a new esta based on that question. But she already has an esta from when she visited last december, which is still valid.