Travel during process

[Big Papa Zone 93]

You're not listening, payxiba - I never said that people weren't denied entry, I said that point of entry immigration officers had no information on people's K visa applications on their airport terminals. And they don't.

The "multitudes" to whom you refer were denied entry for a whole host of reasons I'm sure (including misuse of the VWP) but that doesn't alter the fact that K visa application information is not available to POE immigration officials on their airport terminals.

I understand completely and agree with what you said but there is no listening problem. To close your sentence with "there's nothing to worry about" is incredibly "blanket" in nature and could be easily misunderstood.

Fair enough, then I shall clarify said statement:

Provided that the OP's wife doesn't abuse the VWP, and sticks to the ground rules I mentioned in an earlier post, then it's extremely unlikely that she will have anything at all to worry about.

Better?

[KimandRuss 0]

*raises hand*

my fiance was denied entry ...or in the more politically correct way of putting it "allowed to withdraw request to enter the US" a year ago... yes, we abused the VWP because it was the only way for us to be together, therefore, we took our chances until we ran out of luck.

There certainly are 'multitudes' of people here on VJ alone that were 'denied' entry at one point or another but, as stated above, ususally because there are not strong enough ties to the home Country. There are even more who visit successfully ...even whist awaiting a spousal visa.

OP.. your laywer is incorrect to assume you will be denied entry because you are awaiting a visa. They will have no record of this unless you've mentioned it to them. If you can bring enough ties to show you will be returning home and, if asked (NOTE..ONLY IF ASKED), you can provide them with proof you are doing this the 'legal' way. If you are wanting to visit just be sure you bring ties to home and always be honest when asked questions directly.

good luck.

oh, and just for the record... we received the visa last week and he will fly home in two days. The 'denial' does not affect the visa unless you broke the law.

mbk because this is a spousal visa q

[Ju&Ja 1]

Hey everybody,

I think that the best reply to this question would be : It depends of the officer at the airport. Cuz' it is totally true !

I used my waiver program 3 times already :

- Beginning of dec 2007 (I stayed 90 days)

- End of march 2008 (I stayed 90 days)

- End of july 2008 (I'm in the US right now and leave end of october)

The 2 first times the officers didn't ask me a lot of questions, just the regular 2 ones (Why are you here ? How long will you stay ?). Last time I came to the US the officier asked me more questions (I stayed Almost 2 hours at the airport). At the beginning the officer was kinda rude, he began by : "Ok ! We won't lie to each other, you are living in Oxnard with your boyfriend on a waiver visa and it is not good"

I began to explain, and to reply honestly to his questions. He began to relax as soon as I talked about the visa K1. He said "oh, so you will have to go back to France for your interview". He gave me some advices for the next time I would try to come to the US and let me get in the US.

So, it really depends of the officer. If your fiancé or spouse has no problem (and if she doesn't use her waiver program a lot she won't have problem) she should not talk about the visa K. But if she feels some kinda danger and thinks that the officer is not a nice guy/girl, she should talk about it as "the last chance".

But seriously, I called the immigration several times, I also called the US ambassy in Paris, I met a law officer last week and EVERYBODY told me the same : YOU HAVE THE RIGHT TO VISIT THE US WHILE YOUR VISA K IS PROCESSING.

Hope I helped

Juliette

[payxibka 10,045]

But seriously, I called the immigration several times, I also called the US ambassy in Paris, I met a law officer last week and EVERYBODY told me the same : YOU HAVE THE RIGHT TO VISIT THE US WHILE YOUR VISA K IS PROCESSING.

Unfortunately it is not a RIGHT, but is merely an option that is subject to normal entry procedures.

[Ju&Ja 1]

But seriously, I called the immigration several times, I also called the US ambassy in Paris, I met a law officer last week and EVERYBODY told me the same : YOU HAVE THE RIGHT TO VISIT THE US WHILE YOUR VISA K IS PROCESSING.

Unfortunately it is not a RIGHT, but is merely an option that is subject to normal entry procedures.

By "the right" I mean that it is not forbidden. It is maybe a french/english mistake sorry.

[confused2 0]

But seriously, I called the immigration several times, I also called the US ambassy in Paris, I met a law officer last week and EVERYBODY told me the same : YOU HAVE THE RIGHT TO VISIT THE US WHILE YOUR VISA K IS PROCESSING.

Unfortunately it is not a RIGHT, but is merely an option that is subject to normal entry procedures.

By "the right" I mean that it is not forbidden. It is maybe a french/english mistake sorry.

So to summarize all the replies to my original questions:

1) it is not illegal for my wife to enter the US while her visas (k1 and k3) are being processed

2) It sound like most people are not turned back at the border if they are able to prove strong ties to their home country

3) They may be refused entry and turned back without any black marks going in their visa application, or...

4) They might get a black mark that could result in another FBI check which could/would result in a delay in processing

5) no one knows how many people make it and how many are turned back