Chicago POE and K1 visa - previously denied entry on ESTA

[Trish_ 2]

Just got approval today for k1 fiancé visa. My fiancé is in UK and he is traveling to US at the end of the month. My concern is that in March 2020 he arrived at Chicago OHare airport on an ESTA from London UK and was denied entry. When they denied him entry they also said that he overstayed his previous visit even though he never stayed beyond the 90 days that the ESTA allows. I think it’s just because his travel plans changed from the original return date and he didn’t realize that he had to notify anyone. They thought we were going to try to get married but I was technically in the middle of a divorce at the time so I couldn’t legally get married. They still denied him entry and kept him overnight then he had to pay for his flight home the next day.
 

My question is will this denial come up when he arrives at Chicago O’Hare again this month with his k1 visa and sealed paperwork in hand? 

Edited January 7, 2022 by Trish_
Added info for clarity

[Crazy Cat 42,032]

If he faced an entry ban, the Consulate Officer would addressed it in the interview.  If he was issued a valid visa, there should be no problem at the border. 

[Trish_ 2]

2 minutes ago, Crazy Cat said:

If he faced an entry ban, the Consulate Officer would addressed it in the interview.  If he was issued a valid visa, there should be no problem at the border. 

Thank you very much! Just trying to calm my nerves a bit he’s bringing his cat and I can’t imagine them being denied entry after everything and such a long journey on the flight 

[SuznAaron 121]

32 minutes ago, Trish_ said:

Just got approval today for k1 fiancé visa. My fiancé is in UK and he is traveling to US at the end of the month. My concern is that in March 2020 he arrived at Chicago OHare airport on an ESTA from London UK and was denied entry. When they denied him entry they also said that he overstayed his previous visit even though he never stayed beyond the 90 days that the ESTA allows. I think it’s just because his travel plans changed from the original return date and he didn’t realize that he had to notify anyone. They thought we were going to try to get married but I was technically in the middle of a divorce at the time so I couldn’t legally get married. They still denied him entry and kept him overnight then he had to pay for his flight home the next day.
 

My question is will this denial come up when he arrives at Chicago O’Hare again this month with his k1 visa and sealed paperwork in hand? 

Yes likely it will. My husband was denied entry on an ESTA while we were waiting on his K1 visa. It was brought up at his screening when he came over with his K1. They asked, he gave info, all was good. 

[randy32 165]

If he did not overstay his visa, having proof on hand in case it comes up should help.

He was denied entry because of what was on file. The only way to counter that is with documented proof.

Hopefully the record would be updated. Better yet not needed after he is allowed in on the k1 visa

[Crazy Cat 42,032]

If he was subject to a bar, the Consulate Officer would have told him so....before issuing the K-1.   In addition, any prior denial of entry due to suspicion of immigrant intent would not be a factor when entering via the K-1. 

[Boiler 45,880]

There was one guy where the Consulate had missed the ban but the PoE picked it up, years ago and the only one I have seen.

[SalishSea 18,054]

8 hours ago, Trish_ said:

Thank you very much! Just trying to calm my nerves a bit he’s bringing his cat and I can’t imagine them being denied entry after everything and such a long journey on the flight 

Cat would be admitted.

[Trish_ 2]

1 hour ago, Jorgedig said:

Cat would be admitted.

Any reason why he would be denied again with the k1 visa in hand this time? 

[Trish_ 2]

5 hours ago, Boiler said:

There was one guy where the Consulate had missed the ban but the PoE picked it up, years ago and the only one I have seen.

Did they eventually let him in? He was basically told that he needs to come back with a visa because they thought he was trying to immigrate 

[Allaboutwaiting 2,503]

Don't worry, he'll be fine.

There's a good number of people around the forum that faced the same issue and had no problem when entering the country on a K1.

[Trish_ 2]

45 minutes ago, Allaboutwaiting said:

Don't worry, he'll be fine.

There's a good number of people around the forum that faced the same issue and had no problem when entering the country on a K1.

Thank you ☺️ 

[Boiler 45,880]

2 hours ago, Trish_ said:

Did they eventually let him in? He was basically told that he needs to come back with a visa because they thought he was trying to immigrate 

It was a weird one, I remember it was a K1 and think he had a bar for criminal issues?, had to go back and go through the waiver process.

[SalishSea 18,054]

5 hours ago, Trish_ said:

Any reason why he would be denied again with the k1 visa in hand this time? 

 

5 hours ago, Trish_ said:

6 hours ago, Jorgedig said:

Cat would be admitted.

Any reason why he would be denied again with the k1 visa in hand this time? 

Cat was previously denied on ESTA?

[Trish_ 2]

8 hours ago, Jorgedig said:

 

Cat was previously denied on ESTA?

I’m asking about the human