If denied entry at POE, what happens to the CR-1?

[iceman33 0]

guys,

I am thinking to have my wife visit US for a month under VWP. I am very busy at work and cannot travel to Japan that often. I know many people got through POE without a hitch, but we were just discussing what's the worst that could happen..

Hypothetically, if my wife is denied entry at POE during a pending I-130, what effect would it have on the CR-1 application? My wife said that she thinks if this action results a denial on CR-1, there will be a 10-year ban. I do not think the penalty is that severe and I think she will still be okay to get her CR-1, but maybe with some delay. Any comment?

thanks!

[Marlita 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

[iceman33 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

I agree the 10-year ban seems ridiculous..dunno where my wife got the idea from..

Now the question is, if the denied entry is simply just a denied entry, why would lawyers almost ####### their pants when asked about visiting US during I-130 process? My take on that is it must have some ill effect if you tried but got turned back. Perhaps you will get extra screening or get scrutinized more at interview?

[Amastar 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

I agree the 10-year ban seems ridiculous..dunno where my wife got the idea from..

Now the question is, if the denied entry is simply just a denied entry, why would lawyers almost ####### their pants when asked about visiting US during I-130 process? My take on that is it must have some ill effect if you tried but got turned back. Perhaps you will get extra screening or get scrutinized more at interview?

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

[iceman33 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

I agree the 10-year ban seems ridiculous..dunno where my wife got the idea from..

Now the question is, if the denied entry is simply just a denied entry, why would lawyers almost ####### their pants when asked about visiting US during I-130 process? My take on that is it must have some ill effect if you tried but got turned back. Perhaps you will get extra screening or get scrutinized more at interview?

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

my wife is too scared to attempt anyway..sighs..

did your wife volunteer to attempt or did you talk her into it?

my wife worries that if she gets denied entry, she cannot enter US again in the immediate future..very hard to persuade her when I am not 100% confident myself..

[Amastar 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

I agree the 10-year ban seems ridiculous..dunno where my wife got the idea from..

Now the question is, if the denied entry is simply just a denied entry, why would lawyers almost ####### their pants when asked about visiting US during I-130 process? My take on that is it must have some ill effect if you tried but got turned back. Perhaps you will get extra screening or get scrutinized more at interview?

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

my wife is too scared to attempt anyway..sighs..

did your wife volunteer to attempt or did you talk her into it?

my wife worries that if she gets denied entry, she cannot enter US again in the immediate future..very hard to persuade her when I am not 100% confident myself..

My wife wanted to try. I actually was the one who was most scared. I told her we should wait.

Im glad someone has some balls. hehe

But actually, there is a website that helped my wife's confidence. She said it was full of Japanese women posting their stories about traveling to the US while their visa( both I-130 and 1-29f visas) was pending. Not one of them was denied entry. After my wife read that site she was more confident that everything would be fine. I'll ask my wife tonight for the link and send it to you. Maybe that will help your wife. Its all in Japanese too.

[iceman33 0]

well there's no 10 year ban...not sure where that came from. if she gets denied POE then that is all that happens...nothing affects here CR1 application. Its not illegal to visit while visa is pending...it just seems to be harder to get in thats all. I wouldn't offer up the info that she has a visa pending just try to come and see what happens. I know many people undergoing CR1 who visit the US with no problem.

I agree the 10-year ban seems ridiculous..dunno where my wife got the idea from..

Now the question is, if the denied entry is simply just a denied entry, why would lawyers almost ####### their pants when asked about visiting US during I-130 process? My take on that is it must have some ill effect if you tried but got turned back. Perhaps you will get extra screening or get scrutinized more at interview?

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

my wife is too scared to attempt anyway..sighs..

did your wife volunteer to attempt or did you talk her into it?

my wife worries that if she gets denied entry, she cannot enter US again in the immediate future..very hard to persuade her when I am not 100% confident myself..

My wife wanted to try. I actually was the one who was most scared. I told her we should wait.

Im glad someone has some balls. hehe

But actually, there is a website that helped my wife's confidence. She said it was full of Japanese women posting their stories about traveling to the US while their visa( both I-130 and 1-29f visas) was pending. Not one of them was denied entry. After my wife read that site she was more confident that everything would be fine. I'll ask my wife tonight for the link and send it to you. Maybe that will help your wife. Its all in Japanese too.

sweet! yeah that will definitely help! I will let her see the website and have her decide it. She does not have much balls though (figuratively and literally..)

[Catt 6]

I think as long as folks don't lie about their reasons to visit the US, they should be alright. Lying could be seen as (attempted) visa fraud however, and that could get you in serious trouble.

I'm flying to the US to see my husband in a few weeks under the VWP also, and am taking proof that i'll be returning here, and a copy of our K-3 appl., just in case.

Edited April 18, 2008 by Catt

[iceman33 0]

I think as long as folks don't lie about their reasons to visit the US, they should be alright. Lying could be seen as (attempted) visa fraud however, and that could get you in serious trouble.

I'm flying to the US to see my husband in a few weeks under the VWP also, and am taking proof that i'll be returning here, and a copy of our K-3 appl., just in case.

good luck to you! wish you a safe journey~

[Uncle Wally 2]

I'm hoping to have my wife visit on the VWP this summer. Her boss is gonna hook her up with a letter that says she has a job to go back to at the end of the trip, and she'll be armed with the letter, along with a translation.

My concerns are that a) her English ain't so great (might be a hindrance if she gets grilled)

and, B) she took my last name and it's on her passport. I imagine she'd scoot right through with a full Japanese name, but a foreign-sounding last name might raise an eyebrow.

Any experience/advice would be appreciated.

[pushbrk 12,913]

guys,

I am thinking to have my wife visit US for a month under VWP. I am very busy at work and cannot travel to Japan that often. I know many people got through POE without a hitch, but we were just discussing what's the worst that could happen..

Hypothetically, if my wife is denied entry at POE during a pending I-130, what effect would it have on the CR-1 application? My wife said that she thinks if this action results a denial on CR-1, there will be a 10-year ban. I do not think the penalty is that severe and I think she will still be okay to get her CR-1, but maybe with some delay. Any comment?

thanks!

Denied entry at POE for immigrant intent, has no impact on the CR1 process whatsoever. Denial for some other reason like smuggling drugs would make a difference. I take it you're concerned about the former, not the latter.

Wasting the air fare is the most severe penalty involved.

Edited May 7, 2008 by pushbrk

[Justin and Masako 0]

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

Are you sure about that? Can you point to a reference? I had never heard anything about that. I even asked USCIS, DoS, and my Senators office and never heard that. Though, admittedly, that doesn't mean much. They seem to leave out a lot of very relevant information when you call. :/

[Amastar 0]

I think your wife might be talking about the a ban regarding the VWP.

I have heard if you are denied entry with the VWP you are not allowed to use it again for 5 years or something like that.

But as far as affecting the outcome of the Visa, no. I dont think it has an affect.

Are you sure about that? Can you point to a reference? I had never heard anything about that. I even asked USCIS, DoS, and my Senators office and never heard that. Though, admittedly, that doesn't mean much. They seem to leave out a lot of very relevant information when you call. :/

Which part? The fact that it won't affect your CR1 or the you won't be able to use the VWP for 5 years or so.

If I rememeber correctly I think it's less than 5 years but I will have to do some digging to find my source again. It's been a while.

[MrsCat 6]

As Pushbrk said, the only thing you're really risking is the cost of the plane ticket. When I visit my SO, I book both segments of my trip separately. I make sure that the return ticket is fully refundable, just in case I am denied at the POE. Its never happened but again I live in Canada and that rarely happens. At the very least, it will have only cost you half the price of the ticket.

[Mr and Mrs Bird 0]

As Pushbrk said, the only thing you're really risking is the cost of the plane ticket. When I visit my SO, I book both segments of my trip separately. I make sure that the return ticket is fully refundable, just in case I am denied at the POE. Its never happened but again I live in Canada and that rarely happens. At the very least, it will have only cost you half the price of the ticket.

I was denied entry back in 2005 when visiting. And since I couldn't show that we were about filing K1 they wouldn't let me in before the case was solved.

I wouldn't risk anything.