Denied check in from uk after utah marriage, esta now not authorised

[mcras 9]

My husband and I got married via zoom Utah last month.

I was booked on a flight to visit him in the usa for just one week to consumate 🤭 the marrage.

My trip was only a week due to work commitments here for me uk.

When I got to the airport they refused me at check-in and I was told that my marriage wasn't valid as i haven't been on the same soil as my husband since the marriage. The officer that questioned me told me that we could meet somewhere else or he could travel here to the UK. He took my husband's and my passport details and advised the check-in staff to off load me from the flight as I won't be travelling 

After arriving home I found out that my ESTA has now updated to Travel Not Authorised. Will this mean I cant get one again in the future? 

Devastated and distraught about this whole thing and not sure where to go now from this any advice would be great full. 🙏

 

Ps. I forgot to add the we are filing for CR1 for me to move usa at a later date approx 12 months time due to my work in the uk.

 

 

Edited October 7, 2021 by mcras

[SusieQQQ 11,587]

I think that’s correct. The marriage is not valid until consummated, therefore you don’t (yet) qualify for the exception to the travel ban still in place for those flying from the UK.  
Not sure about reapplying for ESTA.  

[Mike E 11,742]

2 hours ago, mcras said:

My husband and I got married via zoom Utah last month.

…I

When I got to the airport they refused me at check-in and I was told that my marriage wasn't valid as i haven't been on the same soil as my husband since the marriage.

Sorry this happened but we’ve known about this for several months.  

[Sparkle Sparkle 914]

It was an over sight on your part.. He should have visited you beforw you attempted to travel to to the states. Yes it does mean ESTA will be difficult from now on... However, you can still qualify for a B2 visa if you play your cards right

[arken 4,197]

Yeah, that sucks. If you were planning to travel here this time, wondering why you two didn't plan to marry in person in this trip?
 

Anyway that is moot at this time, yeah B2 may be an option but not guaranteed. The best is for your (informal) spouse to come to you and formalize the spousal relationship.

[SusieQQQ 11,587]

There was someone who got denied checkin with ESTA being revoked and subsequently got it reinstated, but I don’t recall all the details of the case (I’m not certain, but I don’t think it was like this one where CBP directly refused boarding) and i can’t find the thread now. Anyway it’s just a small cost for OP to try reapply for ESTA (once able to travel - either after consummation or possibly in November when /if the new rules come in) before trying for a B. UK is not yet scheduling routine B visa appointments anyway.

2 minutes ago, arken said:

If you were planning to travel here this time, wondering why you two didn't plan to marry in person in this trip?

Would not have been allowed in under the terms of the current ban?

[arken 4,197]

6 minutes ago, SusieQQQ said:

Would not have been allowed in under the terms of the current ban?

Oh yes, it's more ban related. Thanks.

[arken 4,197]

11 minutes ago, arken said:

Yeah, that sucks. If you were planning to travel here this time, wondering why you two didn't plan to marry in person in this trip?
 

Anyway that is moot at this time, yeah B2 may be an option but not guaranteed.

I take this words back, too late to edit.

 

[mcras 9]

14 minutes ago, SusieQQQ said:

There was someone who got denied checkin with ESTA being revoked and subsequently got it reinstated, but I don’t recall all the details of the case (I’m not certain, but I don’t think it was like this one where CBP directly refused boarding) and i can’t find the thread now. Anyway it’s just a small cost for OP to try reapply for ESTA (once able to travel - either after consummation or possibly in November when /if the new rules come in) before trying for a B. UK is not yet scheduling routine B visa appointments anyway.

Thank you for your reply this is helpful and everyone else who has replied, thank you.

I am concerned as to me getting a ban from travelling, but I guess I will have to try apply for the ESTA again and take it from there.

He is going to arrange a short trip to the UK very soon now to 'finalise' the marriage to put an end that part! But even after the borders are open do you know if I would get refused a ESTA due to attempting to travel without knowing its not 'valid' or is it now only the B. Option I can go down?

[SusieQQQ 11,587]

33 minutes ago, mcras said:

do you know if I would get refused a ESTA due to attempting to travel without knowing its not 'valid

The only way to know for sure is to try. As already said others have got ESTA reinstated, but it depends on the facts of the case 

[carmel34 3,650]

10 hours ago, mcras said:

we are filing for CR1 for me to move usa at a later date approx 12 months time due to my work in the uk

Spousal visas are taking 1-2 years right now.  So have flexible plans and don't quit your job, buy a non-refundable airfare, or sell your property until you have the visa in your passport.  Good luck!

[mcras 9]

14 minutes ago, carmel34 said:

Spousal visas are taking 1-2 years right now.  So have flexible plans and don't quit your job, buy a non-refundable airfare, or sell your property until you have the visa in your passport.  Good luck!

Thank you, We are not starting the Spousal visa process for another 12 months plus from now so this part isn't an issue for us. Hopefully the backlog would have got better by then but we will worry about it in a year or so time. We may even wait the 2 years after marriage to apply. But for now It's just being able to visit each other between now and then that is the issue with my ESTA now Not Authorised for travel after attempting to. I am worried that I will get refused a new esta if I apply when travel is open again, this having a huge impact on the Spousal visa at a later date. 

[Boiler 45,908]

They are looking out for Utah marriages? and asked if it had been consummated?

[Letspaintcookies 2,310]

Oh you don't have to wait to be married for two years before starting the process to get the IR-1. It depends on the length of your marriage by the time you enter the US with your visa if it's the CR-1 or IR-1. 

You could actually start it as soon as you meet and then drag it out at NVC stage.

[HRQX 4,145]

1 hour ago, Boiler said:

They are looking out for Utah marriages? and asked if it had been consummated?

Sounds like it.

 

At least asking if it has been consummated is a step in the right direction when compared with the following post from a year ago where the UK spouse was denied boarding despite their marriage being consummated: "I expected to be allowed to travel since we are married, but the US border control official at the airport said I couldn't because there's a specific rule that foreign spouses who got married online can't enter the US"