Denied Visitor Visa and Trying to Get Married

[Marie & Tom 2]

Hi everyone!

My fiance and I have been trying to find the best way to get him (Irishman) moved over to live with me (in Washington State). We had applied for an extended visitor visa (so that he could stay for more than just the usual 90 days since at the time we weren't engaged and didn't have any solid plans for marriage yet) but at the end of his interview for the visa they told him he was denied :'( Worse yet, they also said that he would have a hard time coming over to see me even just for a short visit! Is that true?? Once you get denied for any visa you could be refused at the border to enter the country?? I work full time and he's often between jobs so it's much easier for him to come see me than for me to take time off of work to go visit (though I do whenever I can afford to).

We're also trying to get married (shooting for a wedding in May '16) and we're not sure what the best/most cost efficient route would be. We thought about getting an attorney to help, but after talking to some of them and looking at their costs, it's crazy expense to hire one! I had no idea!

We've thought about getting legally married and then filing for the spouse visa and just having the wedding later on after being officially married. We've also thought about getting the fiance visa and then changing his status after the wedding. We're just sort of burried under an avalanche of information from all over the internet and we aren't sure what the best/safest/most cost efficient route would be.

Then I found this website.

So I'm REALLY hoping for some help and advice here. I've never believed in soul mates until I met Tom and every single minute away from him feels like it's killing me. Life just is NOT the same when he's not around. I'm sure plenty of you know the feeling.

Thanks to anyone and everyone who may have some advice for us!

[Hypnos 6,578]

Since he's been denied a visa then he is obligated to obtain a fresh ESTA declaring the visa denial. It's more likely that his ESTA will be denied in light of the visa denial, but you won't know until he actually tries.

Edited February 19, 2015 by Hypnos

[Ryan H 3,819]

***Moved from K1 Process & Procedures to What Visa Do I Need - Family Based Immigration forum - OP is considering different paths.***

**Moderator hat off**

Hi everyone!

My fiance and I have been trying to find the best way to get him (Irishman) moved over to live with me (in Washington State). We had applied for an extended visitor visa (so that he could stay for more than just the usual 90 days since at the time we weren't engaged and didn't have any solid plans for marriage yet) but at the end of his interview for the visa they told him he was denied :'( Worse yet, they also said that he would have a hard time coming over to see me even just for a short visit! Is that true?? Once you get denied for any visa you could be refused at the border to enter the country?? I work full time and he's often between jobs so it's much easier for him to come see me than for me to take time off of work to go visit (though I do whenever I can afford to).

To answer the above, if he wants to come visit on the Visa Waiver Program and stay for the 90 day max, he will now have to apply for a new ESTA before doing so. When he applies for this, he will have to truthfully disclose the tourist visa denial. There is no guarantee that he will be granted an ESTA now and if he is not, then he will not be able to travel on the VWP, he would have to obtain a tourist visa (something that he is now not likely to be issued).

[Marie & Tom 2]

I'm still pretty new to this. What is the ESTA? And is this denial likely to get in the way of us trying to get the fiance visa?

[Ryan H 3,819]

I'm still pretty new to this. What is the ESTA? And is this denial likely to get in the way of us trying to get the fiance visa?

ESTA explained here: https://esta.cbp.dhs.gov/esta/

A denied tourist visa or refusal of entry on the VWP in of itself will not adversely affect the fiancé or spousal visa process.

[Marie & Tom 2]

ESTA explained here: https://esta.cbp.dhs.gov/esta/

A denied tourist visa or refusal of entry on the VWP in of itself will not adversely affect the fiancé or spousal visa process.

But there's no likely way to get him over so we can just do a quick legal wedding before going for the spousal visa? Is it best to just go with the fiance visa, get married, then change status? Thanks so much for your help!

[Boiler 45,906]

Or get married in Ireland. K1 is quicker but if you want to go CR1 and get married soon you should hit May 2016.

[Marie & Tom 2]

If he gets the K1 visa, and we get married, does he get to stay here while we apply for his change of status, or would he have to go back to Ireland after the wedding until the change is accepted?

[Boiler 45,906]

He stays

[Marie & Tom 2]

He stays

So good to hear! You have all been a great help. Finding this website has been an absolute BLESSING and I'm reading up about everything. Thanks to everyone here! And good luck to everyone trying to get their visas!

[N-o-l-a 7,168]

If he gets the K1 visa, and we get married, does he get to stay here while we apply for his change of status, or would he have to go back to Ireland after the wedding until the change is accepted?

He stays, but can not work or leave the country for around 60-90 days after you file the paperwork for employment authorization, advanced parole, and adjustment of status (post wedding of course).

[toribae1031 3]

k1 visa it took 8 months when I applied it 2012..

You should visit him when you file it...

idk I didn't try.. never ever tried to visit United states while I was in processing k1

[Marie & Tom 2]

k1 visa it took 8 months when I applied it 2012..

You should visit him when you file it...

idk I didn't try.. never ever tried to visit United states while I was in processing k1

I'll be flying over to Ireland to visit him March 1st for a couple weeks and we're going to work on the paperwork and get everything in order so that I can send off the application after we save the money for it when I get back. I may not be able to visit him again after that till he (hopefully!) gets the visa and we get wedding plans solidified. Just depends on work and savings.

[toribae1031 3]

I'll be flying over to Ireland to visit him March 1st for a couple weeks and we're going to work on the paperwork and get everything in order so that I can send off the application after we save the money for it when I get back. I may not be able to visit him again after that till he (hopefully!) gets the visa and we get wedding plans solidified. Just depends on work and savings.

You are right... waiting is very hard especially long distance relationship.. ugh! But you will be fine. I know it is very sad and sucks.. because visa made us separate for a while.... but it is worth it. Just before u start to live with him. Saving money is good for next step ( conditional green card )

[Ms Hogan 295]

You're in Washington State. How close to British Columbia are you? Tell him to visit Canada instead and have a small civil ceremony in British Columbia. Have a mini vacation. He can go home and you can go home and you can file as a married couple. Just another option to consider.

https://www.vs.gov.bc.ca/marriage/

ETA here is the link for you to see that he does not require a visa to visit Canada an Irish citizen. http://www.cic.gc.ca/english/visit/visas.asp?country=Ireland

Edited February 19, 2015 by Ms Hogan