ESTA (Visa Waiver Program) Inadmissible and K1 Fiancee Visa

[mariano3828 0]

I am Italian and American citizen. My girlfriend is Italian and three years ago in 2019, the second time she was coming here under ESTA (Visa Waiver Program) to visit me she’s been stopped at Customs and they sent her back in Italy because they suspect she wanted to immigrate in US and live and work with his boyfriend (me) after they saw a message that she sent saying that she was at work with me, but she just was with me keeping me company, she got confused and start crying and sign some papers, they force her to admit that she work and they gave her a form I-877 with the interview that she had with the officers and they wrote a code 212 (a) (7) (A) (i) (I) “You are inadmissible under Visa Waiver Program, you will be processed for Visa Waiver Refusal and you will need a Valid US VISA in all you further trips to US” They wrote this code even on his passport
Now I want to marry her here in US, because we are in relationship from 5 years already and almost 10 months ago I already sent a K1 Fiancee Petition. There are going to be problems with K1 VISA? I’m a little worried about this situation. Maybe someone who’s been though this can help me and tell me if they had problems with a K1 after a ESTA inadmissibility. Thank you in advance 

[OldUser 6,662]

See this related thread

 

 

Why K-1? You've known her for 5 years. Especially if you visit her frequently in Italy you could have married her and filed I-130 as a spouse. Spouses treated better nowadays.

 

 

 

Edited December 1, 2022 by OldUser

[mariano3828 0]

5 minutes ago, OldUser said:

See this related thread

 

 

Why K-1? You've known her for 5 years. Especially if you visit her frequently in Italy you could have married her and filed I-130 as a spouse. Spouses treated better nowadays.

 

 

 

I know but I already sent the petition 10 months ago for K1, she want our marriage in America.

[Chancy 6,241]

1 hour ago, mariano3828 said:

There are going to be problems with K1 VISA?

 

When your fiancee was denied entry, did CBP allow her to sign form I-275 to withdraw her application for admission?  If not, does she have a ban?

 

[mariano3828 0]

No, she just sign form I-877. The papers just say that she will need a valid visa in order to entry US an she cannot use ESTA anymore.

[OldUser 6,662]

4 minutes ago, mariano3828 said:

No, she just sign form I-877. The papers just say that she will need a valid visa in order to entry US an she cannot use ESTA anymore.

Then it shouldn't be much of a problem, as far as I understand. 

[SuznAaron 121]

21 hours ago, mariano3828 said:

I am Italian and American citizen. My girlfriend is Italian and three years ago in 2019, the second time she was coming here under ESTA (Visa Waiver Program) to visit me she’s been stopped at Customs and they sent her back in Italy because they suspect she wanted to immigrate in US and live and work with his boyfriend (me) after they saw a message that she sent saying that she was at work with me, but she just was with me keeping me company, she got confused and start crying and sign some papers, they force her to admit that she work and they gave her a form I-877 with the interview that she had with the officers and they wrote a code 212 (a) (7) (A) (i) (I) “You are inadmissible under Visa Waiver Program, you will be processed for Visa Waiver Refusal and you will need a Valid US VISA in all you further trips to US” They wrote this code even on his passport
Now I want to marry her here in US, because we are in relationship from 5 years already and almost 10 months ago I already sent a K1 Fiancee Petition. There are going to be problems with K1 VISA? I’m a little worried about this situation. Maybe someone who’s been though this can help me and tell me if they had problems with a K1 after a ESTA inadmissibility. Thank you in advance 

As long as she doesnt have a ban you will be ok. My now husband was denied entry with ESTA too when we were going through the K1 process. He was fine once the Visa was issued. He was asked about the denial at every step so she should be prepared to give an answer. I have been told by others that most are not asked about the denial. Guess he just got "lucky". Maybe she wont be asked again about it. Anyway I think you'll be fine!

[Crazy Cat 41,853]

14 hours ago, mariano3828 said:

No, she just sign form I-877. The papers just say that she will need a valid visa in order to entry US an she cannot use ESTA anymore.

Well, a K-1 is a valid visa.  Unless she was given a ban, there is no problem. Good luck on your journey.

[Cathi 5,748]

16 hours ago, mariano3828 said:

No, she just sign form I-877. The papers just say that she will need a valid visa in order to entry US an she cannot use ESTA anymore.

You just answered your own question.