Jump to content

14 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hi,

What are the chances of a person being denied a visa waver if that person was denied a visa 4 months ago. My fiancee visited me for 3 months earlier this year on a visa waiver. As soon as she got back to her home country she applied for a visa(big mistake, she should've waited a while then enter the US using the visa waiver again). It has been 4 months since she was denied the visa and she was thinking of reentering using the visa waiver program again. What are the chances she will be sent back on the next flight? What is the worst case scenario, will she be barred from entering the US for years? I want her to come here as soon as possible, but all other avenues seem like a long wait. Any input would be greatly appreciated. Thanks in advance for all your help.

Filed: K-1 Visa Country: Canada
Timeline
Posted

We need a bit more information to help you, such as what country is your fiance from and what kind of visa did she apply for (that got denied)?

When entering the US on the Visa Waiver program, there is never any guarantee that you will be let in. Your fiance will need to provide proof of ties to her home country, such as mortgage or lease documents, most recent pay stubs, bank account info, etc. to prove that she will return to her home country after her "visit" to the U.S.

If you want your fiance to come here permanently, you will need to apply for a K-1 Visa (using Form I-129F).

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

Filed: K-1 Visa Country: Wales
Timeline
Posted
Hi,

What are the chances of a person being denied a visa waver if that person was denied a visa 4 months ago. My fiancee visited me for 3 months earlier this year on a visa waiver. As soon as she got back to her home country she applied for a visa(big mistake, she should've waited a while then enter the US using the visa waiver again). It has been 4 months since she was denied the visa and she was thinking of reentering using the visa waiver program again. What are the chances she will be sent back on the next flight? What is the worst case scenario, will she be barred from entering the US for years? I want her to come here as soon as possible, but all other avenues seem like a long wait. Any input would be greatly appreciated. Thanks in advance for all your help.

Assuming she applied for a B and was turned down as she can use the VWP, I did, also at the 4 month mark.

She will be grilled in secondary so bring plenty of non immigrant evidence.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Ireland
Timeline
Posted (edited)

Being denied a visa does not mean that a person can not use the vwp-just make sure that she has PLENTY of evidence to show that she will be returning at the end of her visit.

She should expect to be "grilled" at the POE. My fiance(then boyfriend was denied in Philly because he overstayed on the vwp by 2 days). It is up to the officer whether a person gets in or not-it really is a gamble.You never know what will happen.

good luck

Edited by irishgirl73

Ni neart go cur le cheile

"Togetherness is Strength"

Filed: Timeline
Posted
We need a bit more information to help you, such as what country is your fiance from and what kind of visa did she apply for (that got denied)?

When entering the US on the Visa Waiver program, there is never any guarantee that you will be let in. Your fiance will need to provide proof of ties to her home country, such as mortgage or lease documents, most recent pay stubs, bank account info, etc. to prove that she will return to her home country after her "visit" to the U.S.

If you want your fiance to come here permanently, you will need to apply for a K-1 Visa (using Form I-129F).

Hi,

She applied for a tourist b visa and she is from Portugal. She is a student, but at the time of her visa application she was not enrolled in any classes. This time if she comes using the visa waiver she will show proof of registration for classes plus bank account, etc. She lives with her parents so she doesn't have any mortgage payments. She will only be staying for 2 weeks. If she is sent back what are the chances she will be barred from entering for a long time? My main concern is that most info on the web states if a person is denied a visa(but i'm assuming this applies to more comlicated visas and not a simple tourist visa), a person should apply for a visa and not enter on a visa waiver. My intention is to marry her, but would like to see if could enter on a visa waiver for now. Thanks for all the help

Filed: Country: United Kingdom
Timeline
Posted

Hi,

What are the chances of a person being denied a visa waver if that person was denied a visa 4 months ago. My fiancee visited me for 3 months earlier this year on a visa waiver. As soon as she got back to her home country she applied for a visa(big mistake, she should've waited a while then enter the US using the visa waiver again). It has been 4 months since she was denied the visa and she was thinking of reentering using the visa waiver program again. What are the chances she will be sent back on the next flight? What is the worst case scenario, will she be barred from entering the US for years? I want her to come here as soon as possible, but all other avenues seem like a long wait. Any input would be greatly appreciated. Thanks in advance for all your help.

Assuming she applied for a B and was turned down as she can use the VWP, I did, also at the 4 month mark.

She will be grilled in secondary so bring plenty of non immigrant evidence.

She has to declare it on the I-94W, right?

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Posted

If you are denied entry using your vwp, you will not able able to return to the states with out getting a visa, My fiancee had been denied entry using vwp and told the only way ever to return is to apply for a visa.

We had been told it was pretty hard to gain the tourist b visa once being denied entry on the vwp so in time we filed for the K-1

Best Wishes~Kelle

3dflagsdotcom_usa_2faws.gif3dflagsdotcom_uk_2faws.gif

K-1 Sent to Vermont St Patrick's Day~ May the Luck of the Irish Be With Us Today!! 3/17/06

NOA1 03-25-06

Touch 06-16-06=RFE Email

Touch 06-17-06

RFE Arrived 06-21-06

RFE Sent back to Vermont 06-21-06

RFE Delivered 06/23/06 10:55am

RFE-Touch 06/24/06

Touch 06/27/06

Approved 08/21/06 {157 days)

Touch 08/22/06

NVC Letter 08-25-06 Hard Copy

Left NVC 08-25-06

Arrived at London 09-01-06

Packet 3 Arrived at Steves Door 09-05-06

Packet 3 Sent back to London 09-15-06

London Medical 09-29-06- Completed

Packet 4 11-20-06

Londen Interview 12-08-06 APPROVED

Visa in Hand 12-12-06

Enters the USA 12-13-06

WEDDING DAY 2/18/07 @ 3pm

Filed: AOS (apr) Country: Ireland
Timeline
Posted (edited)
If you are denied entry using your vwp, you will not able able to return to the states with out getting a visa, My fiancee had been denied entry using vwp and told the only way ever to return is to apply for a visa.

We had been told it was pretty hard to gain the tourist b visa once being denied entry on the vwp so in time we filed for the K-1

Best Wishes~Kelle

This is what happened to my fiance-he had been here fom 10/26/05-1/26/06................we didn't realize that he was overstaying on the vwp by 2 days. Fastforward to 3/06.............he was denied entry in philadelphia because of the 2 day overstay and was told in order to come back to the states-he would need a visa. 5/06 he applied for the b-2 visa but was denied for lack of ties to Ireland(no mortgage-or apt lease, things of that nature). We became engaged in 10/06 & filed for the k-1 in 12/06.

The b-2 visa is EXTREMELY hard to get if you can not prove to them that you will return. As I said before she can take the chance & try to visit but she MUST show proof of her return-that is what they care about.

Edited by irishgirl73

Ni neart go cur le cheile

"Togetherness is Strength"

Filed: K-1 Visa Country: Wales
Timeline
Posted
Being denied a visa does not mean that a person can not use the vwp-just make sure that she has PLENTY of evidence to show that she will be returning at the end of her visit.

She should expect to be "grilled" at the POE. My fiance(then boyfriend was denied in Philly because he overstayed on the vwp by 2 days). It is up to the officer whether a person gets in or not-it really is a gamble.You never know what will happen.

good luck

Overstaying a VWP does however mean you can never use it again.

Hi,

What are the chances of a person being denied a visa waver if that person was denied a visa 4 months ago. My fiancee visited me for 3 months earlier this year on a visa waiver. As soon as she got back to her home country she applied for a visa(big mistake, she should've waited a while then enter the US using the visa waiver again). It has been 4 months since she was denied the visa and she was thinking of reentering using the visa waiver program again. What are the chances she will be sent back on the next flight? What is the worst case scenario, will she be barred from entering the US for years? I want her to come here as soon as possible, but all other avenues seem like a long wait. Any input would be greatly appreciated. Thanks in advance for all your help.

Assuming she applied for a B and was turned down as she can use the VWP, I did, also at the 4 month mark.

She will be grilled in secondary so bring plenty of non immigrant evidence.

She has to declare it on the I-94W, right?

Yes, you tick the box (not the one about being a member of the Nazi Party)

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Ireland
Timeline
Posted

Being denied a visa does not mean that a person can not use the vwp-just make sure that she has PLENTY of evidence to show that she will be returning at the end of her visit.

She should expect to be "grilled" at the POE. My fiance(then boyfriend was denied in Philly because he overstayed on the vwp by 2 days). It is up to the officer whether a person gets in or not-it really is a gamble.You never know what will happen.

good luck

Overstaying a VWP does however mean you can never use it again.

:yes: that is correct-forgot to mention that

Hi,

What are the chances of a person being denied a visa waver if that person was denied a visa 4 months ago. My fiancee visited me for 3 months earlier this year on a visa waiver. As soon as she got back to her home country she applied for a visa(big mistake, she should've waited a while then enter the US using the visa waiver again). It has been 4 months since she was denied the visa and she was thinking of reentering using the visa waiver program again. What are the chances she will be sent back on the next flight? What is the worst case scenario, will she be barred from entering the US for years? I want her to come here as soon as possible, but all other avenues seem like a long wait. Any input would be greatly appreciated. Thanks in advance for all your help.

Assuming she applied for a B and was turned down as she can use the VWP, I did, also at the 4 month mark.

She will be grilled in secondary so bring plenty of non immigrant evidence.

She has to declare it on the I-94W, right?

Yes, you tick the box (not the one about being a member of the Nazi Party)

Ni neart go cur le cheile

"Togetherness is Strength"

Filed: K-1 Visa Country: Wales
Timeline
Posted
Hi,

Boiler, were you let in? How much did they know about your previous visa denial? Were they more concerned about your current situation or about your previous denial? Thanks a bunch.

I assume that they knew, this was when I was younger and ignorant and awaiting for a K1 to go through Nebraska.

If I had done some research I would have realised that I would never have got a B and I was wasting my time.

The guy at primary was a little sh*t, the only time I have had a nasty conversation. By that time I knew I was going to secondary so just kept cool.

Secondary guy was much better, had an IQ, explained that as I had made several short visits I had thought mistakingly that applying for a B was the right thing to do without realising the consequences.

Which was true.

I guess I was there 40 minutes or so?, enough to miss my connecting flight. My now stepson was on the same flight, I had told him to keep going if I got delayed.

I am fairly certain that they know anyway that you have been denied a visa, if you lie on the I-94W you will be in much bigger trouble.

I do not remember much of a discussion about my current situation, I think they checked on the factual details.

But each person will have a different experiance.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Australia
Timeline
Posted

The worst-case scenario would be that they would tell your girlfriend to get on the next plane home and not come back without a visa in her passport. Attempting to enter on the VWP is not a bannable offense...

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...