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
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.