Denied boarding with ESTA, what documents do I put in I -129F?

[FleurS11 3]

Hi there,

 

I planned going to the United states to marry my Fiancée. I was stupid, did not purchase a return ticket. The ticketing officer did not allow me to board the plane after talking on the phone with DHS. I never lied and said my purpose was to marry. He told me to apply for a visa. Now, after looking up information this 'travel not authorized' ESTA can cause issues during the application of a K-1 Visa. Does anybody have any experience with what kind of document I have to file with the I-129F? I wrote an explanatory about the situation but I don't know if there are any other documents.

 

Thank you for sharing your Experiences

[Mike E 11,739]

43 minutes ago, FleurS11 said:

Now, after looking up information this 'travel not authorized' ESTA can cause issues during the application of a K-1 Visa.  

That seems like misinformation to me.  
 

You were denied entry because you didn’t have return / onward ticket which is the against the rules for most non citizens (see https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf ).  This rule exists because otherwise there is stronger suspicion of immigration intent.  Your lack of return / onward ticket is evidence of immigration intent.  
 

A K-1 visa is also immigration intent.  It’s ok to apply for a K-1 after expressing immigration intent on an attempted entry on a nonimmigrant status.  
 

Since you were coming to the USA to get married, having made that decision, you should just get married and your citizen spouse in the USA should file to start the process toward getting you an IR-1 visa.  

Edited March 18, 2022 by Mike E

[FleurS11 3]

9 minutes ago, Mike E said:

 

A K-1 visa is also immigration intent.  It’s ok to apply for a K-1 after expressing immigration intent on an attempted entry on a nonimmigrant status.  
 

Thank you, that makes sense.

[Dashinka 24,512]

I agree with @Mike E, if you and your future spouse are already decided to get married, don't bother with a K1, get married somewhere and file the I130.

 

Good Luck!

[FleurS11 3]

4 minutes ago, Dashinka said:

I agree with @Mike E, if you and your future spouse are already decided to get married, don't bother with a K1, get married somewhere and file the I130.

 

Good Luck!

Thank you for the reply! Do you say this because it's the only option, or the better one?

[Dashinka 24,512]

4 minutes ago, FleurS11 said:

Thank you for the reply! Do you say this because it's the only option, or the better one?

The CR1/IR1 spousal visa is far superior than the K1.  The main selling point is that the spousal visa is an immediate GC holder upon entry into the US with the valid visa, whereas a K1 applicant has to file to adjust status (another +$1200) and apply for work authorization and travel authorization.  I understand just getting the EAD/AP is taking 8 months or more right now and the GC 12+ months.  Anyway, maybe @Crazy Catwill swing by and post his list of the comparison of the spousal visa and the fiancé visa.

 

Good Luck!

Edited March 18, 2022 by Dashinka

[Crazy Cat 41,888]

6 minutes ago, Dashinka said:

The CR1/IR1 spousal visa is far superior than the K1.  The main selling point is that the spousal visa is an immediate GC holder upon entry into the US with the valid visa, whereas a K1 applicant has to file to adjust status (another +$1200) and apply for work authorization and travel authorization.  I understand just getting the EAD/AP is taking 8 months or more right now and the GC 12+ months.  Anyway, maybe @Crazy Catwill swing by and post his list of the comparison of the spousal visa and the fiancé visa.

 

Good Luck!

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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.
   

 

[FleurS11 3]

43 minutes ago, Crazy Cat said:

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    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.
   

 

Thank you, that's a helpful perspective.

[VinnyH 59]

Hold on, OP was denied boarding in her own country. She was not denied entry into the U.S. because she never made it to the Port of Entry and applied to be admitted into the United States.

 

She was denied boarding by the airline, on tje advice of DHS/CBP. Technically, in the eyes of CBP, her case "doesn't exist" unless they record it in their system, but I am doubtful about they could log as she was not officially denied.

 

For what it's worth, OP can buy another ticket (round trip this time) to fly to the U.S. on the basis of her ESTA. Best to do it with another airline because the initial airline might have flagged her.

 

As far as I remember, traveling into the U.S. in order to get married without immigrant intent is perfectly legal as long as OP intends to return home.

 

Then, OP's U.S. citizen spouse may petition her with a CR-1.

 

[SalishSea 17,836]

44 minutes ago, VinnyH said:

Hold on, OP was denied boarding in her own country. She was not denied entry into the U.S. because she never made it to the Port of Entry and applied to be admitted into the United States.

 

She was denied boarding by the airline, on tje advice of DHS/CBP. Technically, in the eyes of CBP, her case "doesn't exist" unless they record it in their system, but I am doubtful about they could log as she was not officially denied.

 

For what it's worth, OP can buy another ticket (round trip this time) to fly to the U.S. on the basis of her ESTA. Best to do it with another airline because the initial airline might have flagged her.

 

As far as I remember, traveling into the U.S. in order to get married without immigrant intent is perfectly legal as long as OP intends to return home.

 

Then, OP's U.S. citizen spouse may petition her with a CR-1.

 

Pretty clear the intent was to stay and adjust status, as she's only just now investigating the I-129f petition.

 

Anyway, her passport is flagged and I very much doubt a return ticket will solve the issue.

[FleurS11 3]

50 minutes ago, VinnyH said:

Hold on, OP was denied boarding in her own country. She was not denied entry into the U.S. because she never made it to the Port of Entry and applied to be admitted into the United States.

 

She was denied boarding by the airline, on tje advice of DHS/CBP. Technically, in the eyes of CBP, her case "doesn't exist" unless they record it in their system, but I am doubtful about they could log as she was not officially denied.

 

For what it's worth, OP can buy another ticket (round trip this time) to fly to the U.S. on the basis of her ESTA. Best to do it with another airline because the initial airline might have flagged her.

 

As far as I remember, traveling into the U.S. in order to get married without immigrant intent is perfectly legal as long as OP intends to return home.

 

Then, OP's U.S. citizen spouse may petition her with a CR-1.

 

Thank you for your reply! I took a flight from Brussels to Frankfurt. The ticketing officer did call DHS so they are aware of my case.

[VinnyH 59]

6 hours ago, FleurS11 said:

Thank you for your reply! I took a flight from Brussels to Frankfurt. The ticketing officer did call DHS so they are aware of my case.

 

Did they cancel/revoke your ESTA? If so, then yes you're done. If not, there might still be a chance because I still wonder what "they are aware of my case" really translated into the record in the systems.

 

Remember that from a legal standpoint, you were not denied entry into the United States by CBP but denied boarding by the airline. Now, like @Jorgedig mentioned, yes, you might be flagged though, but not recorded as denied entry nor deported.

 

The role of an airline check-in agent on an international flight is indeed to check that you have the proper documentation to seek admission to the country they fly you to, at the risk of you being denied and flown back to your departing port at their expense (+ fines), but not determine immigrant intent: that's the job of a consular officer issuing a non-immigrant visa or the Immigration Officer at the port of entry. 

 

In your case, you had an ESTA, so technically you were fine and the agent should have issuing your boarding pass and let you go on your way. Not having a return ticket might be a red flag, but it happens all the time for various reasons. Also, you can purchase two one-ways on different airlines and the outbound leg airline would never see the return flight. I do it all the time and was never asked about the return flight.

 

I really wonder what triggered that airline agent to suspect anything from you. Furthermore, even after asking you why you didn't have a return flight, and you explaining that you were getting married, once again, it is perfectly legal and allowed to seek admission into the U.S. with an ESTA in order to marry your U.S. citizen fiancé, as long as you intend to return to your country. And this is probably where you said something that made him/her think you had immigrant intent and call CBP for advice.

 

Whatever happened, it is a combination of your negligence (unless you really had immigrant intent and planned to stay, in which case you were denied boarding for good reason) and an agent overstepping his/her duties and acting like a U.S. Immigration Officer. It may be me, but I've never seen that. I am aware of airlines having a special number at CBP to call for various technical issues, but never as a pre-clearance.

[FleurS11 3]

1 hour ago, VinnyH said:

 

Did they cancel/revoke your ESTA? If so, then yes you're done. If not, there might still be a chance because I still wonder what "they are aware of my case" really translated into the record in the systems.

 

 

Thank you for your reply! After the situation happened it says on my ESTA 'Travel not authorized' before it was approved. The ticketing officer was at the gate and he took my passport, sat me down. Called the DHS and then said next to me said 'I have bad news I can't let you board this plane'. He just said I needed a return ticket and by knowing my intent was to marry a U.S. citizen, he called the DHS to ask advice and let them know. I'm pretty sure I got put on a watch list. I tried calling the DHS for clarification but they didn't give any.

[Chancy 6,241]

2 hours ago, VinnyH said:

Not having a return ticket might be a red flag, but it happens all the time for various reasons. Also, you can purchase two one-ways on different airlines and the outbound leg airline would never see the return flight. I do it all the time and was never asked about the return flight.

 

Having a return/onward ticket is actually a requirement for travelers with ESTA, based on CBP rules referenced by Mike E above.  Many travelers, like you, are just lucky that they don't get asked for it.  The airline agent was correct in denying boarding as the airline would have been fined if it was the CBP officer at the US airport who caught the ESTA traveler without the required ticket.

 

[Mike E 11,739]

3 hours ago, VinnyH said:

 . Also, you can purchase two one-ways on different airlines and the outbound leg airline would never see the return flight.

Yes you can.  That’s why CBP’s written rules say return or onward travel.  
 

Quote

 

I do it all the time and was never asked about the return flight

My father in law sped every day driving for 70 years and never had a speeding ticket.  
 

I’ve been asked by airlines for proof of onward travel.  They don’t care if the onward travel is on a different airline.  I show them the ticket receipt. 
 

 

Edited March 19, 2022 by Mike E