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Posted
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

K-1 visa denial is not a ban from the US - unless otherwise indicated, travel to the US is 'as usual'.

Posted (edited)
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

Normally no, since you appear from the UK, you would just need to follow the procedures in place for visiting.

However, if the reason your K-1 was denied is pretty bad, it may affect your visiting rights. (like they think your a terrorist of something :blink:

)

depends on that situation....

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Other Country: China
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Posted
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

Normally no, since you appear from the UK, you would just need to follow the procedures in place for visiting.

However, if the reason your K-1 was denied is pretty bad, it may affect your visiting rights. (like they think your a terrorist of something :blink:

)

depends on that situation....

While it certainly does depend on the reason for the denial, I'm not readily coming up with a reason for denial that wouldn't impact future visiting privileges. Denial of a petition is another matter, as it's usually because of simply not qualifying in some way. Usually, K1 visa denials involve a decision about bona fides that indicate an attempt at visa fraud or other inadmissabliity issues like criminal records.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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Filed: Citizen (apr) Country: Ukraine
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Posted
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

Normally no, since you appear from the UK, you would just need to follow the procedures in place for visiting.

However, if the reason your K-1 was denied is pretty bad, it may affect your visiting rights. (like they think your a terrorist of something :blink:

)

depends on that situation....

While it certainly does depend on the reason for the denial, I'm not readily coming up with a reason for denial that wouldn't impact future visiting privileges. Denial of a petition is another matter, as it's usually because of simply not qualifying in some way. Usually, K1 visa denials involve a decision about bona fides that indicate an attempt at visa fraud or other inadmissabliity issues like criminal records.

Another thing to consider, the USA considers ALL, repeat ALL, foreign visitors to be potential immigrants. It is the stated policy of DHS. Soooooo...even for visitors allowed without a visa, even for Canadians going for a day of shopping in Plattsburgh, they have to "satisfy" the people at passport control that they ARE here for a day of shopping and not to stay and work. I live 6 miles from Canada and go there often and often have to show some evidence that I have "ties" to the USA in order to enter (Canada seems to have the same policy). I DID have a permit to work in Canada at one time, and ever since then it has been HARDER, not easier to enter. Their attitude seems to be..."well, you did it before" to which I point out..."Yes, I did, LEGALLY!!!!!" And believe me, it was some years ago and they still ask me where I worked when I lived there. where I lived, etc. and they check that computer screen with each answer. If your denial of a K-1 shows up on their computer screen (it likely will) now you have to convince that person you are only here for a visit after actively seeking a path to permanent residence. Good luck with that.

And, as Pushbrk points out, the reasons for denying a K-1 visa usually would have other implications for travel, but if it was a denial of the petition, then it is likely less dramatic.

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Posted
While it certainly does depend on the reason for the denial, I'm not readily coming up with a reason for denial that wouldn't impact future visiting privileges. Denial of a petition is another matter, as it's usually because of simply not qualifying in some way. Usually, K1 visa denials involve a decision about bona fides that indicate an attempt at visa fraud or other inadmissabliity issues like criminal records.

Reason for denial:

Thanks again, the Guy who interviewed me basically said I need to prove I was in the UK in May HIS WORDS WERE "PROOF OF DEPARTURE FROM USA IN MAY 2005" AND "I-797 APPROVED CHANGE OF STATUS TO b-2 VISA"
Filed: Country: United Kingdom
Timeline
Posted
Isn't there a question on the VWP form about ever being denied a visa?

I'm pretty sure there is, in which case you would have to answer "yes" and that may cause problems at POE.

It is and you have to state when and where. It is also a question on the ESTA application.

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?

If yes: when

where

Filed: Other Country: China
Timeline
Posted
Isn't there a question on the VWP form about ever being denied a visa?

I'm pretty sure there is, in which case you would have to answer "yes" and that may cause problems at POE.

It is and you have to state when and where. It is also a question on the ESTA application.

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?

If yes: when

where

They are not simply asking these questions to get the answers becaues they already know. One of the main reasons they ask is to see if you'll tell the truth. If you don't, then you have a material misrepresentation on your record in addition to whatever caused a previous denial. A family based visa denial at interview can be exected to impact future travel to the USA from anywhere and for anybody.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Country: Spain
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Posted (edited)
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

regardless of the other responses...I think you would have a big problem with a K-1 denial, and immigration knowing that you have a fiancee here.

Im not even sure that the Consulate would give you a B-2 visa.

If I knew why you were denied, then I may/may not change my opinion.

(I just read the reason....dont think they will let you enter....still an overstay)

Edited by desert_fox

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

regardless of the other responses...I think you would have a big problem with a K-1 denial, and immigration knowing that you have a fiancee here.

Im not even sure that the Consulate would give you a B-2 visa.

If I knew why you were denied, then I may/may not change my opinion.

(I just read the reason....dont think they will let you enter....still an overstay)

I actually didnt overstay on a visa, I came home before it expired, I have just recieved my paperwork from my lawyer and am waiting for flight info from Virgin to prove I left wen I did. I am just wondering if for some unknown reason this did get refused then I would be able to holiday there.

Filed: Other Country: China
Timeline
Posted
Hello everyone, I was wondering if your K-1 visa is denied are you allowed to visit the states on a holiday for a couple of weeks or are you barred out of America for a certain amount of time/ever?

Please advise, Shaun.

regardless of the other responses...I think you would have a big problem with a K-1 denial, and immigration knowing that you have a fiancee here.

Im not even sure that the Consulate would give you a B-2 visa.

If I knew why you were denied, then I may/may not change my opinion.

(I just read the reason....dont think they will let you enter....still an overstay)

I actually didnt overstay on a visa, I came home before it expired, I have just recieved my paperwork from my lawyer and am waiting for flight info from Virgin to prove I left wen I did. I am just wondering if for some unknown reason this did get refused then I would be able to holiday there.

Probably not because the refusal would be for a very long overstay. Really, though what you need to do get enough evidence for an approval so the issue becomes moot.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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