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

[Justin and Masako 0]

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.

The part about the VWP. I have never heard that before.

Thanks,

[Germanchick2502 0]

I thought there were consequences for the CR-1 process if you get ever denied entry. The most immediate consequence is that you loose the right to ever travel under the VWP again. Second of all, during the CR-1 process they do ask for the beneficiaries history of traveling to the U.S. Additionally, we had people posting here on VJ that they had to file a waiver about their denied entry and that it initially lead to them being denied their visa. All this did not happen until the interview at the consulate. All in all I think the risk is small. I did travel to the U.S. after being married and having filed the I-130 and before that was approved. The POE officer did ask a lot of questions because it was my second long stay within a 360 day period. But he was mostly concerned about my finances and who I would be seeing. I did not mention my hubby but the topic came up only in the sense that I was asked who I was staying with. I did not see a need to make the whole thing more complicated than it had to be. In the end I was allowed to enter. I would not try it again. I don't think it's worth the risk of being denied the visa and than having to file a waiver with the help of a lawyer.

[YOUTOO 2]

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.

Hi, Amastar, would you mind sharing the website link with me as well? My wife certainly would appreciate it. Thanks.

Edited June 8, 2008 by YOUTOO

[D&G2007 0]

I'm a Canadian citizen and I married a US citizen. In July'07, after our honeymoon, we were denied entry into the US because we had stated we were married, and they felt I did not have strong enough ties to Canada. We gave up for awhile, and in April '08, I made my second attempt to visit the country I'm supposed to immigrate to. Again, I was denied entry for the same reasons, and on top of that, they made me sign a Withdrawal of Application. The officer told me not to attempt to cross at any POE until our visa was approved or our CR-1 would be denied...It's BS!

We're both born and raised in our respective countries, neither of us has a criminal record, and our employment has always been steady - other than the fact that I took a break to figure out my next steps...I can't understand how the system can be so cruel! I'm tempted to try again, but am extremely fearful of the consequences. I am working, can get a letter if needed, have phone bills, credit card bills, etc. I'm just not sure if I will be pushing any buttons. Any advice would be greatly appreciated!

[MrsCat 6]

I'm a Canadian citizen and I married a US citizen. In July'07, after our honeymoon, we were denied entry into the US because we had stated we were married, and they felt I did not have strong enough ties to Canada. We gave up for awhile, and in April '08, I made my second attempt to visit the country I'm supposed to immigrate to. Again, I was denied entry for the same reasons, and on top of that, they made me sign a Withdrawal of Application. The officer told me not to attempt to cross at any POE until our visa was approved or our CR-1 would be denied...It's BS!

We're both born and raised in our respective countries, neither of us has a criminal record, and our employment has always been steady - other than the fact that I took a break to figure out my next steps...I can't understand how the system can be so cruel! I'm tempted to try again, but am extremely fearful of the consequences. I am working, can get a letter if needed, have phone bills, credit card bills, etc. I'm just not sure if I will be pushing any buttons. Any advice would be greatly appreciated!

http://www.visajourney.com/forums/index.php?showforum=93

Come and see us in the Canadian forum, lots of people have border crossing experience there.

[RVP10 2]

My wife and I are currently trying to make the same decision... She sat the NY Bar Exam in February 2008 just before we got married in the US in March. She then returned to the UK and I filed the I-130 at the end of March. Since then we learned that she had passed the Bar exam and she is now required to take the Multistate Professional Responsibility Examination (MPRE) before she is officially admitted to the NY State Bar. She wants to do this ASAP and the next exam is scheduled for August 8, 2008. If she passes, the Bar admittance process would take about 6 more months. Her main purpose for returning to the USA is to take the MPRE so that she can apply for jobs and hopefully work as soon as she is granted a green card. It would also be nice if we could spend some time together, maybe 3 - 4 weeks. Then she goes home and we wait out the rest of the immigration process as well as the NY Bar process.

She seems to think that the smaller POEs like Charlotte, NC (my home) like to hassle aliens more than bigger POEs like say JFK, and it is a good idea to connect in NY or Philly on the way to CLT. Any thoughts? I've also been reading that people with pending I-130s who visit on VWP try to avoid mentioning anything about their marriage, or that they are staying with their spouse. They just say, "visiting friends". Wouldn't that make the officer even more suspicious if you first state "visiting friends", then they learn through further questioning that you are in fact married to a USC?

If we decide to go through with this visit, I am from the school of thought that she should have all evidence available (copy of I-130 package, maiden name passport with travel history, return ticket, MPRE exam and NY Bar documentation...et.) and not be vaugue or beat around the bush when answering entry questions. Just be confident and tell the truth. If she tries to deceive, or even avoid, that's when they smell blood and go in for the kill. Am I wrong? Should we have some sort of a scheme planned? Is there anything else we need to prepare for? The only thing that concerns me is her ties to the UK. She mostly works in temp jobs and lives at home (London is expensive!!!), so no rental agreement and/or employer documentation.

Feel free to comment.

[Kathryn41 3,205]

I'm a Canadian citizen and I married a US citizen. In July'07, after our honeymoon, we were denied entry into the US because we had stated we were married, and they felt I did not have strong enough ties to Canada. We gave up for awhile, and in April '08, I made my second attempt to visit the country I'm supposed to immigrate to. Again, I was denied entry for the same reasons, and on top of that, they made me sign a Withdrawal of Application. The officer told me not to attempt to cross at any POE until our visa was approved or our CR-1 would be denied...It's BS!

We're both born and raised in our respective countries, neither of us has a criminal record, and our employment has always been steady - other than the fact that I took a break to figure out my next steps...I can't understand how the system can be so cruel! I'm tempted to try again, but am extremely fearful of the consequences. I am working, can get a letter if needed, have phone bills, credit card bills, etc. I'm just not sure if I will be pushing any buttons. Any advice would be greatly appreciated!

In addition to visiting the Canada forum, please, seriously do NOT just go back to the border and try to cross again after this warning. The information is on file and it could have serious repercussions. If you really wish to visit, make an appointment at the US Consulate closest to you, request a Visitor's Visa for the specific amount of time you want to visit, making sure to bring all of your proof of your ties to Canada, go through the whole legal process that other foreigners have to go through. You have bee denied entry at the border as a Canadian and warned. now try to use the existing system to get you what you want - a visit with your husband. This way, you will either be approved for the visa by the Consulate and it will make your border crossing more likely to be successful (although the border guards can still turn you back with the visa) or they can deny you at the Consulate and you know not even to try. Applying for a Visitor's Visa and getting denied at the Consulate, or getting denied entry with the Visitor's visa will not have the same long-lasting, far-reaching consequences on your immigration visa as trying to cross again after being warned.

Remember to be honest about any denials, including signing the withdrawal, when you apply for the Visa. The last thing you want to happen is to be charged with misrepresentation - a guarantee to a denial and a ban to the US.

Good luck.

Edited June 8, 2008 by Kathryn41

[D&G2007 0]

Hi All!

Sorry it took so long, but being a hopeless romantic I had to try to cross the border again - and I was SUCCESSFUL! I went to the BUF POE and when the officer asked the purpose of my visit, I said I wanted to see my husband for our 1 year anniversary (yes the paperwork is still pending after all this time!). I was sure to tell him before he scanned my passport that I had issues crossing before. He checked the system, thanked me for giving him the heads up, but still had to send me for 2ndary questioning.

I came fully equipped with anything that tied me to Canada (my residence) including, our most recent application receipt form, a letter of employment stating I was granted a 3 week vacation period, bank statements, phone bills, and a return flight ticket. I went through 1-hour of questioning and my luggage and purse were even rummaged through to determine if I was intending to stay illegally. They even went through every piece of scrap paper in my wallet! The officer was somewhat reluctant, and so, decided to run all my evidence by his supervisor. Within 10 minutes they granted me entry and didn't even place restrictions on my stay! They did say they knew when I was coming back, and trusted I would obey the law, but that was the extent of it!

I would suggest to anyone attempting what I did to be confident and honest - you do have a right to see your loved one! However, be sure to be extremely respectful of any officer, never talk back, only answer the question at hand, come fully prepared and remember that they believe crossing over is a privilege even though you may think it's a right! I may have just been lucky, but it is worth a try...GOOD LUCK!