ESTA while waiting for K-1 Visa?

[Dylan0311 0]

Good Morning all,

 

My fiancée and I submitted our K-1 Visa in February from Malaysia and have not received any notification of the USCIS's receipt of our application (I assume this increased processing time is due to excessive applications to the Lock Box?). 

 

I will be departing the country and heading back to the US in June, as my military service comes to an end. Given the short timeframe, I do not thing the visa will be issued in time for us to return together. 

 

Instead, will she be able to enter the country with an ESTA application under the VWP (she holds a Danish passport). Are officially "borders" (and hence, travel) closed to non-citizens now after the DHS Secretary's statement?

[Letspaintcookies 2,310]

DCF for military personnel is still an option in Malaysia from what I found. You might want to get married and do that.

[SusieQQQ 11,587]

Yes, she can visit on an ESTA, though entry is nit guaranteed. She should bring evidence to show ties to home/why she will return after the trip. If she has not yet married you and the Covid travel bans are still in place, ensure she has not been in any of the banned countries within two weeks of entering the US - this ban includes transit airports.

[Boiler 46,059]

K1 seems an odd choice, agree on the DCF.

 

How long is she looking to visit?

[Dylan0311 0]

14 minutes ago, Boiler said:

K1 seems an odd choice, agree on the DCF.

 

How long is she looking to visit?

Thank you for the advice. The issue with the I-130 is that Malaysia requires non-Muslim's to convert to Islam before marrying a Muslim citizen; which is not preferable.

 

I would like for her to come with me in June and begin the immigration process but all other avenues seem like they are not possible. I would assume that applying for a student/work/tourist visa would not be possible given our intent to marry. 

 

With this being said, would the ESTA every 90 days be our only other means of seeing each other throughout the K-1 process without going the I-130 route?

[TBoneTX 46,071]

Visiting too often, for too long each time, or both would raise red flags with CBP, possibly leading to a denial of future entries with use of the ESTA.  Even presuming that she'd be admissible given your situation and all that's going on, you'd have to be sure that she spends far more time out of the U.S. than in, and that a healthily long period would elapse between attempted visits.

[Dylan0311 0]

4 hours ago, Letspaintcookies said:

DCF for military personnel is still an option in Malaysia from what I found. You might want to get married and do that.

 

3 hours ago, Boiler said:

K1 seems an odd choice, agree on the DCF.

 

How long is she looking to visit?

Just an update, after speaking with the consulate, I was told that once a petition is filed formally with the USCIS, the consulate is unable to accept a new petition; sadly. 

 

However, they did state that a tourist visa could still be allowed. 

[Boiler 46,059]

K1 is for a Fiancee is you marry it is defunct.

[aaron2020 11,651]

She could apply for a tourist visa, but chances are that it will be deny for immigrant intent.  If she gets a visitor visa denial, she will also lose the ability to use the VWP.  

We understand that you want her to come live with you while she waits for her visa.  The problem is that is against the terms of visiting the US.  She essentially would be living here, not visiting.  

90 days in the US under the VWP, then a quick visit abroad, and then returning to the US is a recipe for a denial of entry.  While visa runs are common in Asian countries, they are frown upon when it comes to using the VWP or the visitor visa to live in the US.  

 

 

[Boiler 46,059]

B denial needs to be declared when applying for ESTA which may result in a denial.

[SalishSea 18,125]

15 hours ago, Dylan0311 said:

I would like for her to come with me in June and begin the immigration process but all other avenues seem like they are not possible.

She cannot come to immigrate on an ESTA.  That is fraud.

 

Unfortunately, waiting your turn in line and being separated temporarily from each other is part of the deal with US immigration.

Edited March 26, 2021 by Jorgedig

[SteveInBostonI130 3,483]

15 hours ago, Dylan0311 said:

 

Just an update, after speaking with the consulate, I was told that once a petition is filed formally with the USCIS, the consulate is unable to accept a new petition; sadly. 

 

However, they did state that a tourist visa could still be allowed. 

 

For DCF,  you would need to marry, cancel the I-129F, and submit I-130 directly to the consulate.  That option is still open to you.  You could travel together to a different country to get married, or possibly do a Zoom wedding.  For a valid I-130, you would need to consummate your wedding, which in this case is to physically be together for at least 1 day/night after the wedding.  There is no restriction on using an online marriage official, as long as you and your spouse are physically together.

 

Another option is for you to see if you can get married at your military base.  Perhaps there is a base chaplain?