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

[John & Rose 7,239]

12 hours ago, Rabia cheema said:

I did a religious Ceremony for marriage in may. I was under the impression that was a marriage by law too ( mis advice by family ) I then booked a one way flight to USA as I didn't know which date I would return on within the next 3 months. 

The lady at the airport asked why there was no return flight and that is a term with an Esta visa. Which I was not aware. She then called the me to go to the homeland officer. 

Upon arriving at customs I was rejected by homeland due to not having a K1 visa. We was all mis advised on which visa could be used just to travel to the USA and spend time with my partner. I was ovisly planning on going back within 90 days. My sole purpose was to complete our second stage of our religious ceremony in the USA, so his friends and family could attend. 

Since I have applied for k-1. Its now been 8 months and NO REPLY. 

Yesterday I re applied for a Esta and was rejected. My fiancé sister is having a baby and I am missing out on big family moments. 

Would that Esta rejection reflect  poorly on my K1 visa application?

This has been a very depressing time for me and my partner. Spending all our money on visiting on other counties in order to be with each other. 

Any advice would be much appreciated. 

Thsnks in advance 

You can't do a K-1 if you have already been married.  In the eyes of the US, you are married and will need to cancel the K-1 and file a CR-1.

 

ESTA has no impact but the marriage ceremony will.  

Edited January 25, 2018 by John & Rose

[John & Rose 7,239]

6 hours ago, missileman said:

It sounds perfectly reasonable.

I do not think you can get married in the US on anything but a K-1 visa.  That can be considered visa fraud and give a 5 year, 10 year or permanent ban from the US.

 

Best bet is to cancel the K-1 (it will most likely be denied due to the ceremony already) and get married outside of the US and file a CR-1.  There are a lot of red flags to be careful about.

[Boiler 45,584]

2 minutes ago, John & Rose said:

I do not think you can get married in the US on anything but a K-1 visa.  That can be considered visa fraud and give a 5 year, 10 year or permanent ban from the US.

You can marry on a tourist visa or VWP, but those options have gone.

[John & Rose 7,239]

1 minute ago, Boiler said:

You can marry on a tourist visa or VWP, but those options have gone.

I knew there were ways but their case is kind of unique.  They are already married trying to do an fiancee visa.  I see a lot of trouble ahead unless they cancel and refile a CR visa.

[Illiria 980]

5 minutes ago, Boiler said:

You need a visa to marry in the UK.

See I thought so but didn’t want to tell her that.

 

The way I see it is she has to legally marry as she is too married for the k1 but not married enough to do the cr1 immediately. In order to do this they either need to get a U.K. marriage visa or go to a third country and marry.

[Lazybones18 261]

i am assuming from your name that you are a muslim

 

By religious wedding do you mean Nikkah ? Did you sign a nikka namma

 

Nikkah is a full contract stating that you and your husband are legally married anywhere in this world... i am 100% sure about this ..

 

if that is the case, your K1 visa will be denied as you are already married.... doing Nikkah is considered married...

 

you need to file for CR1

 

 

 

 

[Boiler 45,584]

8 minutes ago, Lazybones18 said:

i am assuming from your name that you are a muslim

 

By religious wedding do you mean Nikkah ? Did you sign a nikka namma

 

Nikkah is a full contract stating that you and your husband are legally married anywhere in this world... i am 100% sure about this ..

 

if that is the case, your K1 visa will be denied as you are already married.... doing Nikkah is considered married...

 

you need to file for CR1

 

 

 

 

If that is the case need to marry legally first.,

[Lazybones18 261]

1 minute ago, Boiler said:

If that is the case need to marry legally first.,

 

but doing some research i wonder if in UK Nikkah is not considered legally married ... K1 is valid ?

[Boiler 45,584]

18 minutes ago, Lazybones18 said:

 

but doing some research i wonder if in UK Nikkah is not considered legally married ... K1 is valid ?

The issue is that US has been told they are married.

[Naes 12,205]

20 minutes ago, Lazybones18 said:

 

but doing some research i wonder if in UK Nikkah is not considered legally married ... K1 is valid ?

People are getting rejected even if the marriage is not legally binding in US (or anywhere else even) so k1 validity - even if it gets the approval from uscis- would be a problem at embassy stage (after all of medical and visa fees etc.) 

[Lazybones18 261]

47 minutes ago, Boiler said:

The issue is that US has been told they are married.

Sounds like only option OP has to withdraw k1, get legally married in UK and file CR1

[Crazy Cat 41,922]

10 hours ago, John & Rose said:

I knew there were ways but their case is kind of unique.  They are already married trying to do an fiancee visa.  I see a lot of trouble ahead unless they cancel and refile a CR visa.

That is exactly what the poster to whom I was replying, intends to do.

 

" 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?  "

 

 

This was not the original poster...

Edited January 25, 2018 by missileman

[DeepakChani 738]

29 minutes ago, missileman said:

That is exactly what the poster to whom I was replying, intends to do.

 

" 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?  "

 

 

This was not the original poster...

For worst case planning, let's say we don't withdraw the K1 and continue on to the interview. The K1 will be denied at the interview because they think we are already married. Once K1 is denied due to that reason, can we instantly after the interview apply for the CR1? 

[John & Rose 7,239]

Just now, deepakchani said:

For worst case planning, let's say we don't withdraw the K1 and continue on to the interview. The K1 will be denied at the interview because they think we are already married. Once K1 is denied due to that reason, can we instantly after the interview apply for the CR1? 

I’m not sure that the government does anything instantly. LOL

 

My one thought with your plan on bringing her down with the intent to marry on a tourist visa would be the perception of visa fraud. Getting married while on a tourist visa is different than the intent to marry on a tourist visa. I am no expert but the horror stories here mean we are at the mercy of the CO. His perception is what matters. 

 

I would not do the interview. I would send a letter to withdraw the K-1. That way you can still track progress in the app. Once it is withdrawn then you can file the CR-1. I have heard that denials are just kept at USCIS until they naturally die (expire). That may be longer than you would like to wait. 

[geowrian 22,337]

43 minutes ago, deepakchani said:

For worst case planning, let's say we don't withdraw the K1 and continue on to the interview. The K1 will be denied at the interview because they think we are already married. Once K1 is denied due to that reason, can we instantly after the interview apply for the CR1? 

Not without a marriage certificate (and if you already had one, continuing to pursue a K-1 would be fraud). You would need to legally marry and obtain the marriage certificate, then you can apply at any time. ETA: ~12-14 months.

Personally I'd cut the losses and just do the legal marriage, and avoid the sunk cost fallacy.