K1 Visa, rejection at airport with Esta and new Esta rejection.

[SusieQQQ 11,586]

The admission officer was correct, having a return (or onward] ticket is a condition of using ESTA.

And yes once it’s gone, it’s gone, as you have discovered. Unfortunate that you did not understand the rules before you used it.

 

K1 is for engaged couples, CR1 is for married couples.

 

12 minutes ago, Rabia cheema said:

Thankyou For your reply , much appreciated. 

Could I ask, How will having a relgious ceremony affect the procress? 

Some years ago the religious ceremony sufficed as a lawful patership. When my brother married I that I assumed was the case many years ago. Me and my husband assumed that was also the case. I understand I will now never be able to apply for an Esta. 

 

[Unlockable 7,314]

6 minutes ago, Rabia cheema said:

Hello,

yes by law we are not married. Religious. Ceremony does not count. I.e. Why I've applied for K1 and not change of status. If I had known that we was not officially married, I would have done that part and then applied for spouse visa instead. Now I'm applying for K1. Been 8 months. Do you feel my intuek rejection at Customs will deter my K1?

This is where you are wrong.

 

You CAN get denied for having a wedding ceremony EVEN IF IT IS NOT LEGAL. There have been plenty of people who have gotten denied for this very reason.

 

Here are a few threads on the very topic...

 

 

 

 

[Auds 223]

Sorry Rabia looks like K1 will be denied if the topic of your religious marriage comes up and very likely it will.  These are the rules whether we agree or not.

 

you will have to get legally married and apply for Cr-1.  Another year wait after filing.

 

  sorry but it is what it is.

[geowrian 22,337]

I agree that you may be considered too married for a K-1. If USCIS or the CO becomes aware of either of these events, they cannot approve the petition or issue the visa (respectively). I would suggest withdrawing the I-129F, getting legally married, then filing an I-130 for a CR-1 (spousal) visa. It sucks to start over, but better to do so sooner rather than getting to the end and having to do so anyway.

[Crazy Cat 41,922]

1 hour ago, Rabia cheema said:

Am I able to have a legal marriage in my country whilst a K1 is pending? 

Of course you can.  You would just withdraw the k-1

[Illiria 980]

Even if the k1 is approved and you get to the US you can still be denied the adjustment of status if they hear of you having the religious ceremony before entering on the k1. 

 

They do google and social media checks as well to look for these things.

 

I was questioned about a photograph of us at someone else’s wedding and about a photo that was on a website of my husband with his much younger half brother when I was at my adjustment of status interview.

[Our Journey 73]

I dont believe what im reading here.

speechless.

[Boiler 45,584]

It is possible to have a religious marriage in the UK that is also legal, I did.

[Londonergirl 133]

I am surprised that the airline let you fly on an Esta with no return ticket..... What airline was this?

[NYCruiser 423]

3 hours ago, Rabia cheema said:

Am I able to have a legal marriage in my country whilst a K1 is pending? 

You appear to not comprehend Immigration Law here. 

K1 application and already being married or while applying for a K1 are mutually exclusive. You can one or the other. 

From your questions, it appears you might be a good lawyer to explain things to you in person

[Californiansunset 336]

If you told that Homeland Security officer why you tried to come to the U.S. (finishing your ceremony), the CO at your interview will know for sure that you are too married for K1. 

Also, I was grilled at my AOS interview what my "engagement party" looked like. How are you going to explain your little religious (marriage) ceremony? Are you going to lie to an IO under oath?

 

Go the CR1 route... do it for your good conscious, you might think you can hide all of that now, but once you sit in front of the IO at the K1 and AOS interview you'll wish you didn't have to hide anything or cover up the truth. 

[Dutchster 1,107]

You are too married for a K-1 visa, so get married by law and apply for the spousal visa.

[DeepakChani 738]

5 hours ago, Going through said:

Sometimes USCIS deems you "too married" for a K1 since, in essence, you had a ceremony overseen by an officiant (the religious scholar you mentioned above).

 

Now, in terms of the CR-1...you need to have a legal wedding ceremony before applying, not just a religious one.

Will having the k1 denied the first time based on them thinking you are married already affect CR-1 in anyway? Do they frown upon K1 denials in the CR-1 world?

[Crazy Cat 41,922]

1 minute ago, deepakchani said:

Will having the k1 denied the first time based on them thinking you are married already affect CR-1 in anyway? Do they frown upon K1 denials in the CR-1 world?

A denied K-1 will have zero effect on a later CR-1......zero....

[DeepakChani 738]

1 minute ago, missileman said:

A denied K-1 will have zero effect on a later CR-1......zero....

Thank you! In the case my K-1 doesnt get approved in time, Ill have her come down to the US, do the religious  ceremony and legal court marriage as planned, withdraw the k-1, have her go back to her home country, and file CR-1.  Does this sound good?