Denied Entry with ESTA, will it affect a future K1 application?

[SalishSea 17,829]

1 hour ago, SimplyComplex said:

No, it was the very first time I'd ever travelled abroad with my new first passport and first time I'd ever used the visa waiver program. So I had no previous issues under my name. It was just all the circumstances all put together it seems. And I feel it was one particular officer that had it out for me from the start. The one that processed me was on the fence I think, but that other officer was the one that shook his head when asked about what he thought (I could hear them discussing it at the front desk while I was in a back room) 

 

It's hard to make out all the numbers and symbols and I'm not sure what some of the characters actually are but it looks like:

VWR TAI A#216556313 #29231 SPM

 

I'll try add a picture 

Not a great idea to try to stay for the maximum allowed time on an ESTA.  It would definitely raise red flags, as most people probably cannot afford to not be working for that length of time.  The ESTA is for visiting, not living in the US for three months.

[C90 376]

2 hours ago, aaron2020 said:

That's strictly prohibited, so no one who crosses into Mexico or Canada can 'reset.'  It's impossible.  

Of course it is! Doesn't mean people don't try it, that's my point. That's why CBP is very alert on people trying to misuse the ESTA. 

[SimplyComplex 19]

Yes that's right, he'd always been the one travelling over to the UK to visit me but only for a couple of weeks at a time. This was going to be my first time travelling to him and to the US and with my situation not working, we were excited to have more time. 

 

We figured we'd make the most of the opportunity for the visit and have the full allowed time on ESTA, but obviously it's frowned upon and I didn't realise. Just frustrating that it allows upto 90 days but technically it really doesn't as the US won't let you. There is so much to see over there so you'd think they might understand talking the full allotted time if you have the chance, so as to experience as much as you can. In no way was I trying to misuse the ESTA or overstay or do anything wrong. I'm trying to not hold onto being hurt and angry about it all, and to look forward instead. Just obviously very worried it will affect the future and our K1. 

[NYCruiser 423]

12 hours ago, SimplyComplex said:

It does seem that they red flagged me as soon as i said i was coming for 89 days and to see my boyfriend while i was visiting as a tourist. But i was just being honest so i didn't realise. I can somewhat understand why my circumstances caused suspicion, but it's just so frustrating when i know, and everyone else that knows me, knows my intentions were completely not to do anything wrong. I suppose i was naive in the ESTA allowing you to stay for upto 90 days, i was trying to make the most of my trip by staying as long as was allowed. But the whole process was horrible, it was all so fast, i did not get time or opportunity to go into depth for my answers and to try and convince them with my proof. I also got no explanation after being told i was being refused entry other than very briefly being told a sentence about 'ties' even though i kept asking and saying i didn't understand. I don't even know what kind of removal i got, as i was put on a plane right after they gave me the decision and paperwork. However, they did tell me, and it's written on my paperwork, that i can not enter the US on an ESTA ever again, but that i must obtain a visa to enter the US in the future. Nothing is written about being banned or anything. So i don't know what it means? Does it seem like a regular denial? I am so upset by everything and now scared to start the process of the K1 incase. Just incredibly devastating, a stark reminder of how painful and difficult long distance is even when you are trying to do everything legally!

Seems like it is because you put down 89 days. They thought you were going to marry here and adjust status. SInce this is pre-conceived in their eyes, they denied you. I doubt it will make a difference if you go for a K1. However, you must disclose this on the DS-160 when you apply for the K1.

[Banana9ieue 26]

14 hours ago, SimplyComplex said:

Safe to say, it was awful. I was denied entry to the US and told i could not enter again using ESTA, that i would have to get a tourist visa from the embassy and put straight back on a plane home.

When you check your ESTA application online, does it tell you that it is approved or denied?

[SimplyComplex 19]

Okay well i will have to hope that's the case and that it won't affect my K1. Just always worried that anything will work against you when trying to apply.

 

My ESTA application did get an instant approval at the time i applied, and continued to say approved. But after i got denied entry it has been changed to "travel not authorized" now. And says "You are not authorized to travel to the United States under the Visa Waiver Program. You may be able to obtain a visa from the Department of State for your travel. Please visit the United States Department of State website at www.travel.state.gov for additional information about applying for a visa." 

 

So it seems they just denied me under ESTA and that there is no ban or disallowance to try with any other visa?

[aaron2020 11,651]

44 minutes ago, SimplyComplex said:

 

 

So it seems they just denied me under ESTA and that there is no ban or disallowance to try with any other visa?

There's no ban or disallowance to try for a visa.  This is why CBP told you to apply for a visitor visa if you want to visit.  

[JFH 12,190]

Don't take this the wrong way but I think you were rightfully refused. You're not working and clearly have no plans to get a job. You obviously haven't applied for any or you wouldn't be coming for 89 days in case you got called for interview or to start a job. So what do you have to go back to? And the maximum allowed stay on the first entry with no previous travel history? Not a smart move, as you have discovered. You immediately draw attention to yourself doing that. It's a classic case of "they saw you coming". 

 

The good news is that this in itself won't have any effect on the K-1 process. There are dozens of other countries you can both travel to without the need for visas or pre-approvals where you can spend time together. 

[Scandi 4,166]

Must feel horrible, I can only imagine. I was in the same situation regarding having a bf in the US, being unemployed and it being the first time I ever travelled anywhere, especially to the US. I didn't have any funds either, but no one ever asked. I can only imagine how upset I would've been if same thing had happened to me.

 

Everytime I travelled here on an ESTA I made sure to always give them the date of my return to Sweden instead of just answering in days. Ie "I will return to Sweden on March 10" instead of "I will stay for 89 days". That shows you have a clear date set that you will return, and obviously had a return ticket if they asked to see it (I know you had one too). I also never stayed for more than 6 weeks at a time, which might have made a difference. 

 

Your K-1 most likely won't be affected at all by this. Maybe you could even get approved for a tourist visa if you want to give it a try.

[SalishSea 17,829]

11 minutes ago, Scandi said:

Everytime I travelled here on an ESTA I made sure to always give them the date of my return to Sweden instead of just answering in days. Ie "I will return to Sweden on March 10" instead of "I will stay for 89 days". That shows you have a clear date set that you will return, and obviously had a return ticket if they asked to see it (I know you had one too). I also never stayed for more than 6 weeks at a time, which might have made a difference. 

My BF had a B-2, but still never stayed for longer than two months, and that was a time when I had surgery.  

[Hypnos 6,576]

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Edited March 11, 2019 by Hypnos

[The_Empyrean 733]

15 hours ago, Jorgedig said:

Not a great idea to try to stay for the maximum allowed time on an ESTA.  It would definitely raise red flags, as most people probably cannot afford to not be working for that length of time.  The ESTA is for visiting, not living in the US for three months.

It will raise redflags all over the place. My then fiance was studying, and working back in LTU. She always brought a letter from employer with vacation dates "begin- end" etc, he university break durations and schedules. And she used to stay from end june/early july, till sept/october, basically the whole 90days.
every. single. time they took her to secondary and held no less than 1:30hr (once 3hrs). But since she had ties to LTU, + she was honest and told that her fiance lives in USA, and she's aware of K-1, CR-1. Though they kept asking what she's doing here that long, especially when im at work. She kept explaining that she's been here so many times, that she knows my friends' wives, GF's and some of them are housewives, so she visits them, does grocery shopping, goes to the gym and picks me up from work. She always mentioned that we aren't stupid and won't risk and will do everything the legal and required way thru K-1 or CR-1 and last time they said that they appreciate people like us, and wished good luck./

Not having a job is a big no no when coming on ESTA for extended periods of time, even with B2. They look at it either you're gonna work, OR do AoS (bc of you telling them about boyfriend), they just didn't want to risk. I'm sorry that it happened to You. 

[SimplyComplex 19]

I'm sorry to hear everyone else's experiences too.

I just didn't realise how much would be frowned upon until it was too late. As I said, it was my first time travelling abroad and I naively thought that with the approved ESTA allowing upto 90 days, it would allow upto 90 days. I'm on a gap year after my degree and put my job hunting on hold so that I would have the time to spend over there. As you know, with long distance you don't get the time that other couples do, so we simply were excited to make the most of as much time as we could. We knew that we'd have all expenses covered between us and didn't intend to do any harm. Just wish I'd known what it would cause so I could have made the trip shorter. Also even though I didn't have as much funds in my debit account as they wanted, I did try and tell them that I had access to more to transfer over if i needed (it was my mum that worries about cards being lost or stolen so she'd told me not to have too much in my main account at a time), to which they didn't take any notice. I could go over and over it in my head, as I have been, and forever kick myself for things we could have done differently so I would have been able to have my holiday, but it is what it is now I suppose. Just not something I will get over quickly. 

I am just relieved that it sounds like it shouldn't affect a K1 application. 

[Scandi 4,166]

For others reading this thread in the future - book a return ticket that isn't too far into the future, it could be 3-4 weeks or so. Then you can reschedule the ticket after POE if you feel like staying longer.

 

If they let you in, you will have 90 days, as with ESTA it's 90 days or nothing. So even if you have a return ticket with a date 3 weeks into the future, you can still leave the US after that date if you reschedule your ticket or buy a new one. Just don't overstay, and even staying until day 89 is risky as your flight could get cancelled or delayed which might case you to overstay. Always leave the US at least a few days prior to your 90 days (or however long you're allowed to stay if you arrive on a tourist visa etc).

[Zoeeeeeee 797]

That sucks, I’m so sorry it happened to you.

 

I took a 6 month holiday in the US in 2017 (which is how my fiancé and I met), so I had to get a visa for that - when I went to the visa interview (and when I entered the country), I took a letter from my HR department, confirming that I was taking a career break and would be returning to my role on xxx date - and I took a bank statement, to show I could fund my time there without working. I had visited a few times prior to then though too.