visa waiver denial

[Caroline_L 0]

So, for those of you who were denied on the VWP and have now successfully entered the US with your visa... did you think you waited longer than others before your NOA2?

The only couple I can find that was denied entry and approved in the recent time frame is Wendy+Greger (Sweden), their NOA2 took 10 1/2 months.

http://www.visajourney.com/forums/index.php?showuser=48469

I know of a few others on here that were denied and approved, but they are not as recent.

I would bet any amount of money those petitions who were denied entry take on average longer to approve. I woudl love to have more specific statistics on that.

At least it looks like they're finally getting on top of the security checks backlog. It's hard waiting but hopefully it won't be TOO much longer. I got worried when I read about people waiting up to four years for the NOA2 but it seems like that doesn't happen anymore. We'll all just have to keep waiting!

[KimandRuss 0]

Ummm *raising hand*

Russell was denied entry in Sept 2007, also in Dublin (although he was treated nice). He had basically been living in the US with me for over a year, travelling to a different Country every 3 months to meet the requirements of the VWP. There is a long story as to 'why' and yes we spent a fortune... but we saw a lot of Countries.

I am quite familiar with many couples who have experienced this and the wait times are consistent with any other filers here. This happens all the time. Being turned back at the border should have no effect on your K-1 visa other than the fact that you already have your A# and you are on the 'watch list' for your ineligibility to use the VWP.

You are not technically 'denied' entry... you are "allowed to withdraw your petition to enter the US".

There are security checks at every stage of this process. Any one of these can hold you up for any amount of time.

Edited March 10, 2009 by KimandRuss

[Ed+Cindy 1]

Ummm *raising hand*

Russell was denied entry in Sept 2007, also in Dublin (although he was treated nice). He had basically been living in the US with me for over a year, travelling to a different Country every 3 months to meet the requirements of the VWP. There is a long story as to 'why' and yes we spent a fortune... but we saw a lot of Countries.

I am quite familiar with many couples who have experienced this and the wait times are consistent with any other filers here. This happens all the time. Being turned back at the border should have no effect on your K-1 visa other than the fact that you already have your A# and you are on the 'watch list' for your ineligibility to use the VWP.

You are not technically 'denied' entry... you are "allowed to withdraw your petition to enter the US".

There are security checks at every stage of this process. Any one of these can hold you up for any amount of time.

You guys are the only couple that I've noticed that were denied entry (withdrawn entry) and had a 'normal' NOA2 processing time. You were also at VSC, and the other 'denied' people were/are at CSC. I don't know that this matters. I don't have enough data points on the issue.

We've spent a fortune too, because I (the American) have been forced to take time off work to travel for visits. Really pisses me off because all CBP/USCIS have done by turning her away and pro-longing our K-1 petition is to cause me to spend several more thousands dollars on travel and financial support.

This whole process is absolutely infuriating to me. When you consider that New Zealand immigration has been so kind to me over the years, it is even more infuriating.

[Ed+Cindy 1]

FYI: couples that I know of on VJ where the foreigner was ‘denied’ entry (withdrew application) and their NOA2 times:

Me (Ed+Cindy): still waiting at 5 months

Caroline_L: still waiting at 7 months

krystiandjon: still waiting at 7 months

KimandRuss: 4 months to NOA2

Wendy+Greger: 10.5 months to NOA2

Of those 5, only one couple had a ‘normal’ NOA2 time, compared with current averages.

There is one other couple I know of, but I can’t remember them. It’s a Canadian who has been approved already that was originally denied temporary entry for her wedding. I can’t recall her NOA2 time.

[MonkeyJuice 3]

Wot an awful experience. I would've been frightened too.

You say that the officer asked you why you visited USA so many times. Did you visit for long stays on a regular basis?

I have visited the US using the VWP 3 times in the space of 9 months. 2 x 2 week visits & a 3 month stay..I personally didn't experience any problems.

I really thought that the VWP was separate from K1 but who knows for sure? We waited 9 months & 8 days for our NA02 (& we had no denial of entry) so maybe its coincidence. We do tend to think of explanations as to why this part of the process takes so long & sometimes get a little paranoid.

Good luck.

[ILuvMyAussieGirl 0]

So, for those of you who were denied on the VWP and have now successfully entered the US with your visa... did you think you waited longer than others before your NOA2?

The only couple I can find that was denied entry and approved in the recent time frame is Wendy+Greger (Sweden), their NOA2 took 10 1/2 months.

http://www.visajourney.com/forums/index.php?showuser=48469

I know of a few others on here that were denied and approved, but they are not as recent.

I would bet any amount of money those petitions who were denied entry take on average longer to approve. I woudl love to have more specific statistics on that.

We're experiencing some difficulties with the process as well. The weird thing is, we got our NOVA 2 approved in record time (4 months, 10 days), and everything was fast from the NVC to the Sydney Consulate. In fact, when my fiancee submitted the packet 3 paperwork on Feb 11th, the consulate claimed to have sent her the interview appointment on Feb 13th!!! She never received anything in snailmail or email.

We didn't find this out until I asked her to email them to check if they received our packet 3. That's when we found out that she supposedly "missed" her Feb 24th interview date! I don't understand how that's even possible. It's as if they got the packet 3 stuff and in less than a day, turned around and gave her an interview appointment. Now I have to deal with getting our petition "re-validated" so they can reschedule an interview with her. Please all of you, after you do get approved and you submit your packet 3 documents, PLEASE EMAIL THEM to check a few days later. You do not want the same thing to happen to you. My fiancee and I are nervous wrecks right now.

You can read about it in my thread here: http://www.visajourney.com/forums/index.php?showtopic=183982

[Caroline_L 0]

When I read the post on the USCIS website that security checks pending more than six months had been cleared I felt a whole new wave of hope. Why then, is there a 'one year and waiting' thread that has started on this site?! Hopes getting dashed again. By the way I totally understand the massive expenditure involved once the visa waiver rights have been removed. Me and my SO have spent a fortune on trips to see each other. All the money I'd been saving for our 'wedding' has gone on flights out to Mexico - that's where we meet because my SO can't take much time off work, so it's easier for us if I do the long haul flights. I'm just getting worried because pretty soon I just won't have the money to put down on flights.

Anyway, thank you everyone who has written on this thread, it helps to hear the experiences of others. Don't feel so alone anymore, and I feel like less of a criminal for being refused entry!

[Caroline_L 0]

Wot an awful experience. I would've been frightened too.

You say that the officer asked you why you visited USA so many times. Did you visit for long stays on a regular basis?

I have visited the US using the VWP 3 times in the space of 9 months. 2 x 2 week visits & a 3 month stay..I personally didn't experience any problems.

I really thought that the VWP was separate from K1 but who knows for sure? We waited 9 months & 8 days for our NA02 (& we had no denial of entry) so maybe its coincidence. We do tend to think of explanations as to why this part of the process takes so long & sometimes get a little paranoid.

Good luck.

Hi Monkeyjuice, I was going out to the US for a few weeks or sometimes longer and then I would come home for a couple of months inbetween. I'd been doing that for a couple of years which is probably why they got suspicious. I was just very torn between being with the man I wanted to marry and spending time with my mum who was very sick. My SO came over several times but he can't take much time off work so he could never stay for very long. I agree with the whole paranoia thing, I'm starting to worry about every tiny thing, it gets ridiculous, I'm so careful about everything I do I think I'm verging on insanity!

[krystiandjon 0]

Hey all,

We received a letter yesterday dated the 11th of March from a senate staffer saying they had talked to a representative at USCIS and we've been APPROVED!

There is hope after all!

Krysti and Jon

[Ed+Cindy 1]

Hey all,

We received a letter yesterday dated the 11th of March from a senate staffer saying they had talked to a representative at USCIS and we've been APPROVED!

There is hope after all!

Krysti and Jon

Awesome news. Congrats guys.

[Caroline_L 0]

Wow that's excellent!!! Exactly the kind of thing we like to hear at VJ. Congrats!!!

[Ed+Cindy 1]

Something to think about, if you are curious, is to do a FOIA request (Freedom Of Information Act) on your CBP record.

Request the date you were not allowed to enter the US. You can see what CBP entered into your file. PM me and I can send you links and a template letter.

Cindy and I were traveling together when she was denied entry.

I just received my records from CBP regarding that event yesterday. It took me two requests and a follow-up to get the data, because I believe once they realized what was entered into my file, they did not want to release it.

In our case, CBP lied about the event (to cover their ####). I won’t go into detail because is personal, but they stated we did and said things we did not. I believe this is why our petition is being held up. I am in the process of filing formal complaints again CBP for violation of rights and liberties. I may end up filing a federal suit against them too.

You may be surprised what corrupt and uneducated federal officers claim you did and what they enter about you, especially when they thing its information you won’t ever read.

[Jonara 0]

Something to think about, if you are curious, is to do a FOIA request (Freedom Of Information Act) on your CBP record.

Request the date you were not allowed to enter the US. You can see what CBP entered into your file. PM me and I can send you links and a template letter.

Cindy and I were traveling together when she was denied entry.

I just received my records from CBP regarding that event yesterday. It took me two requests and a follow-up to get the data, because I believe once they realized what was entered into my file, they did not want to release it.

In our case, CBP lied about the event (to cover their ####). I won’t go into detail because is personal, but they stated we did and said things we did not. I believe this is why our petition is being held up. I am in the process of filing formal complaints again CBP for violation of rights and liberties. I may end up filing a federal suit against them too.

You may be surprised what corrupt and uneducated federal officers claim you did and what they enter about you, especially when they thing its information you won’t ever read.

Hi, can you tell me where to get this FOIA? I am curious now what they could possibly put in my fiance's record. He stayed with me last year for 90 days on VWP. He returned 6 weeks later not really knowing that he can't use the program again just like that. He was treated like he's a terrorist, even accusing him of being an intending immigrant who will milk the system and ME. Mind you, he's from France and they have a better social system there! Living apart has been really difficult for both of us. We are in love and the emotional pain of being apart is too much. No to mention the financial side of things: the phone calls, trips to France (I visited him 2x since he got removed last fall). It is frustrating knowing that my future lies in the hands of these people. Their time frames when cashing your check is faster than the speed of light but you are kept guessing for sometime. I am glad to know though that some people who went thru the same ordeal as my fiance managed to reunite with their love ones.

CBP truly needs a reform. I can't begin to describe the ignorance of these officers. The thought of one of them accusing a French man of planning to milk the US system is totally below the belt.

[Boiler 45,531]

Something to think about, if you are curious, is to do a FOIA request (Freedom Of Information Act) on your CBP record.

Request the date you were not allowed to enter the US. You can see what CBP entered into your file. PM me and I can send you links and a template letter.

Cindy and I were traveling together when she was denied entry.

I just received my records from CBP regarding that event yesterday. It took me two requests and a follow-up to get the data, because I believe once they realized what was entered into my file, they did not want to release it.

In our case, CBP lied about the event (to cover their ####). I won’t go into detail because is personal, but they stated we did and said things we did not. I believe this is why our petition is being held up. I am in the process of filing formal complaints again CBP for violation of rights and liberties. I may end up filing a federal suit against them too.

You may be surprised what corrupt and uneducated federal officers claim you did and what they enter about you, especially when they thing its information you won’t ever read.

You have no rights.