Risks in K-1 Fiance Visa

[grabmic 0]

Hi everybody,

My Fiance tried to enter US through ESTA Visa, but immigration at SFO denied her visit to the US.

So I am about to file CR-1 or K-1 visa, and end up thinking K-1 would be quickest on to be together.

But since she has record of being denied, is there risk of getting her K-a visa approval denied as well?

Could someone please answer or share your experience?

Thank you and have a great week.

Sun

[JohnandJaneD 1]

Don't worry, we had the same issue. As long as she never overstayed her ESTA while she was in the US, she won't have any issues. The K-1 is definitely the quickest for her arriving here, however the process after that to obtain a green card will take additional time.

[baron555 934]

Hi everybody,

My Fiance tried to enter US through ESTA Visa, but immigration at SFO denied her visit to the US.

So I am about to file CR-1 or K-1 visa, and end up thinking K-1 would be quickest on to be together.

But since she has record of being denied, is there risk of getting her K-a visa approval denied as well?

Hardly. She wasn't denied, just turned away. There is no 100% guarantee even with ESTA and VWP.

[Carrie7003 7]

The same happened to my fiance. He was denied re-entry on valid ESTA at ORD when he tried to visit me. Just mailed our I-129F today. We considered addressing it in the application because we were advised it is a red flag. Decided against addressing it at this stage and instead kept the I-129F as clear, concise, and as simple as possible (whole packet was still 80 pages!). We stuck to the point of the I-129F which is to demonstrate that the relationship is bona fide, that we intend to marry, that we are free to marry, and that we have met in the past 2 years. We figured prior US travels would be something that will be addressed at the consulate interview if we get that far! I imagine the simplest and most honest way to address it (at least in our case) at that point will be "I attempted to travel to the U.S. on a valid ESTA visa with a round-trip ticket to see my fiance. I had no intent of immigration on that visit and did not anticipate that I would be denied entry."

[baron555 934]

There is no need to mention the entry denial. No harm was done, it is in their system and will not be an issue.

[yuna628 9,665]

Hi everybody,

My Fiance tried to enter US through ESTA Visa, but immigration at SFO denied her visit to the US.

So I am about to file CR-1 or K-1 visa, and end up thinking K-1 would be quickest on to be together.

But since she has record of being denied, is there risk of getting her K-a visa approval denied as well?

Could someone please answer or share your experience?

Thank you and have a great week.

Sun

Things you need to address first before filing anything.

Have you physically met within two years? Do you have evidence to support that?

A CR-1 is for those persons who have already married and this process takes up to a year. After the process the immigrant will be able to work and travel as soon as they arrive to the US.

A K-1 is for fiancés. It is currently a much faster process than it used to be. After marriage within 90 days on this visa, a K-1 must adjust their status within the US. They are free to return home, but if they do so without adjusting (and filing a temporary work and travel document while waiting for a green card) they may not re-enter the country unless you file for a spousal visa.

ESTA is not a visa, ESTA is a pre-clearance background check form you apply for when you are going to enter on the Visa Waiver Program (entering the US with no visa). Being sent back to her home country has no bearing on filing a K-1. VWP offers no guarantee to the visitor that they will be allowed to enter, and they must have proof that they will return home and that they do not intend to overstay. Plenty of fiancés do visit each other on the VWP successfully, but some do get sent back home. It happens.

[Fr8dog 312]

It will come up on the DS-160 down the road. Just disclose there and it should be no problem. Expect a few questions regarding it during the interview. Don't stress out about it, just answer truthfully.

[Limey 551]

Hi everybody,

My Fiance tried to enter US through ESTA Visa, but immigration at SFO denied her visit to the US.

So I am about to file CR-1 or K-1 visa, and end up thinking K-1 would be quickest on to be together.

But since she has record of being denied, is there risk of getting her K-a visa approval denied as well?

Could someone please answer or share your experience?

Thank you and have a great week.

Sun

Do you know why they were denied entry?

Assuming its because of lack of ties to home country, or a suspicion that they will overstay/get married then that won't affect a K1 or CR1 - since by their very nature recipients will be cutting ties with home country and staying permanently in the US.

If denial was for (eg) lying to immigration officer, presenting false documents or any other fraudulent type activity then that is more likely to affect a k1 or CR1.

For this reason I always said to my fiancee that I would be honest with immigration. If they asked who I was visiting on VWP I would say "my fiancee" and not "a friend". I knew that if I wanted to get a k1 in the future it was better to be denied entry for telling the truth than denied entry for concealing it.

Edited March 23, 2016 by Limey