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

[Xanax 349]

I think it becomes invalidated. You should check to cover your bases.

Also consider if the possible benefit is worth the possible risk even if she is able to use the VWP. She may be denied at her POE and be sent back, thus costing you money and I'm sure that would be upsetting also.

[VanessaTony 3,567]

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.

They do, and have, in situations such as yours where a co-sponsor would otherwise not be accepted. They don't normally TELL you this though...

[Boiler 46,143]

She needs to update her ESTA and see if it is still valid.

[VanessaTony 3,567]

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?).

According to this: https://help.cbp.gov/app/answers/detail/a_id/1073/kw/reapply%20for%20ESTA%20following%20visa%20denial%3F/related/1 you are required to update your ESTA if your circumstances change, including the answer to any of the questions.

If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization. This is also required if one of your answers to any of the VWP eligibility questions changes. The associated fee of $14 will be charged for each new application.

According to this one: https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

Reapplying with false information for the purposes of qualifying for an ESTA could make you permanently ineligible for travel to the U.S

While at the time she applied she was eligible, her circumstances have changed and she should update her ESTA accordingly.

If she chooses not to, they could decide she's trying to commit immigration fraud and put herself in more trouble. She would be allowed to board the plane so she'd get all the way here and could be turned back around and sent home. It's up to you to decide if it's worth it. I wouldn't and I'd visit her instead.

Edited December 5, 2012 by Vanessa&Tony

[VisaK1ITA 2]

Thank you, we are trying our best to go through the legal options - and if we are supposed to make an update we will make that update. The whole system is just incredible though.. .

And I WISH we were asked to submit the I-864, or as what had happened to others, being offered 90 days to show proof of employment would have also been somewhat expected.

[Cathi 5,794]

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.

seeing the pending cr1 by CBP would show immigration intent and she would most likely be denied entry. Your safest bet is to marry in her country, have you return to the US and file the petition while she waits behind in Italy. It is obvious that you have discussed having her travel here and trying to adjust status, you stated it in a public forum. Why would you want to take the chance of having her receive a lifetime ban? In the whole scheme of things 8 or 9 months is not long to wait as opposed to never being allowed to ever live together in the US, no?

Edited December 5, 2012 by mimolicious

[Lainie B 465]

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.

What they are saying is that the visa denial would have invalidated the current ESTA.

[bigdog 376]

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.

Is a new thread going to change the facts of the complete story? They need an immigration lawyer, not DIY.

[VisaK1ITA 2]

Is a new thread going to change the facts of the complete story? They need an immigration lawyer, not DIY.

Ill save people from a new thread. I will call an imm lawyer tomorrow. Although I'm not sure that this person can do much other than tell me what we have already been discussing. From what I've read from lawyers responses online is they usually say "that is unfortunate, but because the appeals process is usually very long it is better to just restart the petition". The only thing I could hope is that they can get in contact with someone at the consulate and have them hold the petition and allow for another interview (very unlikely) in which I can prove she will not be a public charge (can easily be done, and in fact I hope to be getting a position this coming week).

[VanessaTony 3,567]

Ill save people from a new thread. I will call an imm lawyer tomorrow. Although I'm not sure that this person can do much other than tell me what we have already been discussing. From what I've read from lawyers responses online is they usually say "that is unfortunate, but because the appeals process is usually very long it is better to just restart the petition". The only thing I could hope is that they can get in contact with someone at the consulate and have them hold the petition and allow for another interview (very unlikely) in which I can prove she will not be a public charge (can easily be done, and in fact I hope to be getting a position this coming week).

While getting a job this week is great, a "new" job still won't be viewed too favourably. Usually you need to have been working there a couple of months, at least.

[VisaK1ITA 2]

You're right, but it would be something, and then of course bombard them with employment letters, bank statements etc.. Not guaranteed but certainly better than nothing and I'd take those chances. The biggest hope is that with that they then look at my co-sponsor, which was unfortunately not even done.

[Harpa Timsah 13,258]

Is a new thread going to change the facts of the complete story? They need an immigration lawyer, not DIY.

The idea of a new thread in a more populated forum is to get them help from people who have consular knowledge. Most people here don't deal with consulates.

The question posted in this thread is also about AOS. A different thread about the denial itself and the Italian consulate would attract different people. The Op had already done what I suggested before I suggested it anyway.

Edited December 5, 2012 by Harpa Timsah