Denied entry at airport, k1 next?

[SJordanS 343]

22 hours ago, pcube99 said:

I don't think she was allowed to withdraw her application for entry. On the transcript, it says she violated:

 

Documentation Requirements [INA § 212(a)(7)]

 

I dont mind doing the K1 as long as there's no risk of it being denied because of the denied entry.

 She was much better off requesting to withdraw it. The officer at the airport should have made that suggestion to her rather than just violating her.  Most are kind enough to explain the difference to her since she was truthful and admitted it. Then he/she would’ve suggest that she come back K1. There’s a very thin line. I really encourage you guys to speak to an Attorney on this one.  Especially if he did not give her a choice. 

[pcubes99 20]

59 minutes ago, VNN said:

#1. Standard answer is same. However, having the child may actually add some help, depending on other primary supports that you guys have.  

To obtain your child's USC/passport, it is quite simple.  One of the commons thing that may prevent it is the USC parent has not lived in US to meet residency requirement for domicile.

 

Note: in some countries, depended on customs and traditions, having a child together is considered "too married" for seeking K-1 visa but I do not think it is the case with (most) EU Countries.

 

#2. K-1 may still a bit faster but probably not much (we are talking about 2-3 months - estimated, of course).

 

#3. Then these reasons may lessen the need for CR-1

 

 

Thanks. Yeah I was born/raise in the US, college, worked for about 10 years here so the residency requirement should be no issue. 

 

[pcubes99 20]

31 minutes ago, SJordanS said:

 She was much better off requesting to withdraw it. The officer at the airport should have made that suggestion to her rather than just violating her.  Most are kind enough to explain the difference to her since she was truthful and admitted it. Then he/she would’ve suggest that she come back K1. There’s a very thin line. I really encourage you guys to speak to an Attorney on this one.  Especially if he did not give her a choice. 

Yeah we're still trying to figure out if she withdrew or not, it's not very clear. And I didn't see anything about her being banned, except that she can't ever use the visitor waiver process again. The custom agent did tell her that next time she should use the immigrant or non-immigrant visa to come in.

[SJordanS 343]

1 hour ago, pcubes99 said:

Yeah we're still trying to figure out if she withdrew or not, it's not very clear. And I didn't see anything about her being banned, except that she can't ever use the visitor waiver process again. The custom agent did tell her that next time she should use the immigrant or non-immigrant visa to come in.

Ok thats good! Chances are he may not have violated her since she admitted it since there is no ban. Good that she did that. Interesting thing, tonight I was just watching Border Patrol on Netflix and wouldnt you know it, the EXACT scenario was on an episode. The Agent told the woman to admit and she did saying she came to marry her boyfriend and he told her she has to return and to come back on K1 and that he was not going to ban her. Alot of members here suggested CR1. If I were you, I would do CR1 for so many reasons. Since you are not 100% on whether she withdrew for sure, that may be the way to go. Not to mention overall its cheaper. Best of luck to the both of you on either decision!

[Unlockable 7,315]

We've had people on this forum before who swore there is nothing wrong with using a visitor visa or ESTA to come and adjust. This is an example of it not being the case.

 

And I have seen the show Border Patrol: America's Front Line that was just mentioned and there were a couple of episodes that had people being denied entry when the agent found out they were coming to get married and adjust.

[pcubes99 20]

Thanks everyone for your replies. I've talked to a few more lawyers and they all said not to worry about the k1 being denied due to her esta ban. But the more research I do, I'm leaning towards to cr1 now.

The main reason is on her transcript with customs, she admitted that she used esta to enter and get married. That's basically fraud and misrepresentation right there right? Or am I wrong?

 

Based on that, maybe the cr1 is the safest route, I can fly out next week, get married there, and apply for cr1 as soon as I get back. Any other thoughts?

 

 

[JFH 12,191]

4 hours ago, pcubes99 said:

she admitted that she used esta to enter and get married. That's basically fraud and misrepresentation right there right? Or am I wrong?

 

 

Now it depends what she was asked and how she answered. It’s perfectly fine to use the VWP to get married. I did that. Many others have done that. The problem is not the getting married part, it’s your intentions after the ceremony. If you enter as a visitor on the VWP or on a B-2 visa, you must return home before your authorised stay expires. Coming here to get married and then going home is absolutely fine. Coming here with the intention to get married and then staying for good by filing an adjustment of status is fraudulent use of the VWP/visitor visa. 

 

I find it hard to believe she was refused because she only be mentioned the getting married part. I’ll wager she mentioned the staying (and adjusting) part and that is what triggered the denial of entry - and rightfully so.

[Going through 5,671]

43 minutes ago, JFH said:

Now it depends what she was asked and how she answered. It’s perfectly fine to use the VWP to get married. I did that. Many others have done that. The problem is not the getting married part, it’s your intentions after the ceremony. If you enter as a visitor on the VWP or on a B-2 visa, you must return home before your authorised stay expires. Coming here to get married and then going home is absolutely fine. Coming here with the intention to get married and then staying for good by filing an adjustment of status is fraudulent use of the VWP/visitor visa. 

 

I find it hard to believe she was refused because she only be mentioned the getting married part. I’ll wager she mentioned the staying (and adjusting) part and that is what triggered the denial of entry - and rightfully so.

Agree with the above. 

 

Also curious, when was the return ticket booked for (how long after entry was she then booked to return, I mean)? Was she ambivalent in answering how long she was staying?  

Edited May 19, 2019 by Going through

[pcubes99 20]

Yes, on the transcript she stated she was planning to get married and staying here, which is enough for denial to entry. 

 

Her return ticket was booked for 60 days after arriving. I have no issues with them denying her and it's too late to change anything.  

 

We are still sadden by the events but  we have to prepare for the next steps. And it seems like the cr1 is it. 

[Crazy Cat 42,033]

5 minutes ago, pcubes99 said:

Yes, on the transcript she stated she was planning to get married and staying here, which is enough for denial to entry. 

 

There is the fraud.........and here is my analysis as to why a CR-1 is superior to a K-1 for many couples:

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited May 19, 2019 by missileman

[yuna628 9,697]

There is nothing wrong with using the VWP to marry. But the OP's fiancé had two things working against her here - an immigration officer that likely suspected a high probability of her staying and adjusting (she admitted as much so... ) and a pregnancy. If you are going to admit to an officer your intent to marry, which is not prohibited, then you must show the officer evidence of your ties to return home. If not satisfied, the officer simply has whatever discretion to send her home.

 

OP and fiancé can certainly apply for a fiancé or spousal visa. Whichever works for them. It's going to take a long while either way. If choosing the spousal route, ensure that the foreign fiancé's country doesn't have restrictions in that regard.

Edited May 19, 2019 by yuna628

[pcubes99 20]

Thanks, yes timing was our main concern, but now we're ok with waiting a bit longer if it means if Cr1 is a bit easier/straight forward and less hassle in the long run. Thanks for all the comments everyone!