Are waivers needed for K1 applicant who was denied entry and later denied a tourist visa?

[TimsDaisy 0]

During a thread in a nother forum on the site, someone mentioned I might need to worry about my fiance getting waiver(s) because he was denied entry once (for insufficient proof of ties to the UK) and later refused a holiday visa (same reason).

I'm currently waiting for my NOA1 which I expect any day now.

(for what it's worth: any paperwork maintained by State regarding both denials is going to have statements regarding his visiting his girlfriend - which should bolster the fact that we have an on-going relationship. i'm not concerned at this point - at least no more than anyone else here who is probably always a bit paranoid - that we have insufficient evidence to meet the K1 burdens.)

Any advice or helpful threads to check out?

[sunandmoon 450]

from what I understand, being denied a Tourist Visa has no effect on a K-1 Visa. no waiver will be needed. being denied entry at POE, I'm not sure about. hopefully someone will answer if waiver needed for denied entry at POE.

[TimsDaisy 0]

Thanks - I was pretty sure that was the case for the tourist visa since the burdens for tourist and fiancee visas are completely different (ie, in the first, you prove you'll leave, in the second, the whole point is you're going to stay). Still curious about the other - if anyone out there has any insight?! I'd *think* somewhat of the same rationale applies since the presumptions applied to my fiance at the border when he was denied should not be applied when he uses his K1 visa - but that doesn't mean the government doesn't still have some random requirement.

[luvinmb 0]

Thanks - I was pretty sure that was the case for the tourist visa since the burdens for tourist and fiancee visas are completely different (ie, in the first, you prove you'll leave, in the second, the whole point is you're going to stay). Still curious about the other - if anyone out there has any insight?! I'd *think* somewhat of the same rationale applies since the presumptions applied to my fiance at the border when he was denied should not be applied when he uses his K1 visa - but that doesn't mean the government doesn't still have some random requirement.

It would help to know what charge code they put in your passport at the border. 212 (a) (7) or 212 (a) (6), etc......Also, it would help to know if you withdrew your application for admission or were given a expedited removal.....Please let us know this information. My fiance and I had to do the waiver because of a POE denial, he withdrew his application for admission and was given the code 212 a 6 c i.....(misrepresentation) they didn't believe his reason for visiting....The denied tourist visa should not matter, but it is possible the tourist visa was denied because of your previous POE denial....Again give us the code in your passport and any other forms given at the border that day....

[TimsDaisy 0]

I don' have what was scrawled in the passport in front of me - but in the document he was given, it says he was inadmissible under 212(a)(7(A)(i)(I) and refused admission under the VWP per 217( B )(4).

He was not banned from the country - but was informed he would need to apply for and be granted a non-immigrant visa from now on.

(hadn't looked at that document in awhile - have that great sick-to-my-stomach feeling again.)

Edited January 24, 2007 by TimsDaisy

[Mr and Mrs Bird 0]

when you talk about code in passport.

What does a code 8 cri .... means?

[luvinmb 0]

when you talk about code in passport.

What does a code 8 cri .... means?

You have nothing to worry about. The code your fiance was given was a very common reason for a POE denial. He will be asked about this denied entry and probably the denied tourist visa, but as long as he answers honestly, he should have no problem. My fiance and your fiance were given the most common reasons for denied entries. Unfortunately, mine required the waiver and your situation should not.

Just be prepared to answer questions surrounding the incident.

Sweetie, when you are denied entry at a POE they have to stamp the reason for the denied entry in your passport additionally they most commonly give you an option of withdrawing application for admission or actually giving you a removing (similar to deporting) order. The reason they stamp in your passport (code) is what violation you have that made you inadmissible to visit. My fiance was questioned for his intents to visit and they obviously were not satisfied with his answers and therefore chose to say he misrepresented himself. That code was stamped in his passport and that caused us to need the waiver. Sad, because he literally has never even had a speeding ticket in his life or anything outside of this incident, but laws have to be followed and a waiver was required. The code 212 a 7....does not usually require a waiver.

If you are given a removal order at the border you are automatically given a 5 year ban and require a waiver. If you are given the option to withdraw application for admission, then you have no ban and only have to handle the code given.....

I hope this helps! Again, don't worry you should not need the waiver. But, I would like to add, people that require a waiver should not think it is the end of the world. In most cases, if you are prepared properly, you should have no problems. Waivers are approved everyday for those who properly prepare their information. The only real downside is more waiting....

[TimsDaisy 0]

The bottom of his document said "you will be removed from the united states on the next flight" - i don't believe he was ever offered the opportunity to "withdraw" his application for admission. the document also states however that to return he must apply for and obtain a visa - ie: it does NOT say he is banned for 5 years or whatever.

do you still think there's no waiver requirement because of the reason?

[luvinmb 0]

The bottom of his document said "you will be removed from the united states on the next flight" - i don't believe he was ever offered the opportunity to "withdraw" his application for admission. the document also states however that to return he must apply for and obtain a visa - ie: it does NOT say he is banned for 5 years or whatever.

do you still think there's no waiver requirement because of the reason?

Technically the moment your fiance touched ground in the U.S. and turned in his I-94 requesting entrance, he was "applying for admission" I am confident that the document he received is the same thing my fiance received which was a withdrawal of his request for admission. Which backs up my opinion that he would NOT need that waiver. He was not removed which applies the 5 year ban and his violation was not one that usually requires a waiver. He should be fine. I would not worry about this. Just answer all the questions honestly and you will be fine. I will tell you that they will already know all about this incident and the denied tourist visa incident in its entirety. We answered all the questions honestly (of course) and when my fiance went to his interview, they had a complete record of his one time denied entry. They knew everything about it and asked all about it. So just be prepared with the facts and ready to respond.

[TBoneTX 45,090]

OP has posted the above at least twice more -- post only once on a single topic, please.

This thread from 2007 is now closed to further comment.

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