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Posted (edited)

So when a person gets denied at POE, during the visa process..does he/she just get automatically sent back to & loses the money he/she spent on a ticket? Would he/she have to pay to return to their home country? What happens? I always wondered.

Edited by boohbah
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Filed: Citizen (apr) Country: Guatemala
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Posted

At what stage? You mean while entering on another type of visa while the K-1 is being processed or when entering with the K-1?

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Filed: Citizen (apr) Country: China
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Posted

If you have that fear, since you are coming from the UK, why not fly from Dublin or Shannon Ireland to the USA, those airports are pre-check points for US immigrations, so if they deny you, the trip back home is much less painful.

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Filed: AOS (apr) Country: Canada
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Posted

I was denied twice- but in Canada, we clear U.S. Customs before we get on the plane so I wasn't stuck in the airport waiting for the next flight back to my home Country. Both times I was credited for the airline tickets and had 1 year to use them (it wasn't the full amount but it was worth something)

Filed: K-1 Visa Country: England
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Posted

My fiance' was denied in Detroit after flying from London! He was entering on a 6 month visa though since my divorce was not final yet so we could not apply for K1 yet....well they didn't trust him to return back to England so they didn't let him in! He lost all his money just got a flight to Detroit and back to London basically for 600 quid!!!! UGHHHH Now he is terrified he will get denied at POE on the K1 but told him that would be really slim (hopefully!) since now they know we have for sure done correct procedure for us to get married etc....

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Posted
My fiance' was denied in Detroit after flying from London! He was entering on a 6 month visa though since my divorce was not final yet so we could not apply for K1 yet....well they didn't trust him to return back to England so they didn't let him in! He lost all his money just got a flight to Detroit and back to London basically for 600 quid!!!! UGHHHH Now he is terrified he will get denied at POE on the K1 but told him that would be really slim (hopefully!) since now they know we have for sure done correct procedure for us to get married etc....

He wont get denied at POE with his K1 in his hand. Different visa issue altogether.

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Posted
Thanks for the replies! I guess my question could be towards any visa process. Since, my question was basically about getting denied at POE & what happens afterwards.

I take it you mean on the basis if you have already filed your K1 and you havent overstayed on your VWP before? I would think you would be just put back on the next plane thats available. Im not sure if you have to pay extra for that flight or not. Theres so many stories going about people been denied and what happend afterwards. I wouldnt like to risk it if i thought i wouldnt get in. If i did i would go to Shannon or Dublin.

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Posted

yes yes, I guess in my case it would be during the K1. My fiance wants to come visit the U.S. for our daughter's birthday, but we don't want to risk it if he has a high chance of being denied. His ties to U.K. aren't too strong right now. His only tie would be his job & his new flat will be a month-to-month lease. :-S. It would be okay, if we knew he would be reimbursed for the whole ticket if he did get denied.

Filed: K-1 Visa Country: Hungary
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Posted

If my Fianceé get denied at the POE that will be a real joke.

I thought it doesn't happen on a K1 visa??

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Posted
If my Fianceé get denied at the POE that will be a real joke.

I thought it doesn't happen on a K1 visa??

Oops oops, if you were reading my reply, I wrote it wrong. I meant during the pending process of a k1!!

If not...then oops again. lol

Filed: Citizen (apr) Country: Guatemala
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Posted
yes yes, I guess in my case it would be during the K1. My fiance wants to come visit the U.S. for our daughter's birthday, but we don't want to risk it if he has a high chance of being denied. His ties to U.K. aren't too strong right now. His only tie would be his job & his new flat will be a month-to-month lease. :-S. It would be okay, if we knew he would be reimbursed for the whole ticket if he did get denied.

They would not reimburse any money for the ticket, in any case. Its the POE officer's prerrogative, to admit you or not, having the visa in hand (any type of visa) does not guarantee that you'll be allowed to enter the U.S. territory. Whether there is a K-1 processing or not. Every visa holder faces that risk, of course those who have pending K-1 could be on a higher risk when entering under the VWP or B1/B2 as their "immigration intent" could be questioned.

I asked in which stage, because the effects are different.

Entry denial under the VWP or B1/B2, has no effect on the K-1 process, you'd loose the money of the ticket and you'd have to pay the penalty fee to the airline (if applies) for changing the return date of your flight.

Entry denial when using the K-1, (would be a lot worst!) you'd have to go home and try to apply for a K-3 or CR1. You'd loose everything you paid for the K-1 process, you could probably still use the same medical exam results though. And you'd loose the ticket money and pay penalties to change the return date and if you bought a one way ticket, you'd have to buy another ticket to go back.

Either case, it would be terrible, but the second case scenario would be so much worst! :unsure:

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

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Filed: Citizen (apr) Country: Guatemala
Timeline
Posted (edited)
If my Fianceé get denied at the POE that will be a real joke.

I thought it doesn't happen on a K1 visa??

ANY visa holder can be denied entry, the Visa itself does not guarantee 100% the admission to the U.S. territory. The CBP officers will determine if you are admisible or not at the POE and if they think you are not.. they can always send you back.

If you check the POE reviews, there are some cases of K-1 holders that were turned back.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

Posted
If my Fianceé get denied at the POE that will be a real joke.

I thought it doesn't happen on a K1 visa??

ANY visa holder can be denied entry, the Visa itself does not guarantee 100% the admission to the U.S. Territory. The CBP officers will determine if you are admisible or not at the POE and if they think you are not.. then can always send you back.

If you check the POE reviews, there are some cases of K-1 holders that were turned back.

That will be interesting if someone has been denied at the POE with there K1 visa. Wonder what reasons they were denied. They must have lied or done something seriously wrong.

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