Can i travel on a Vacation if denied?

[allanmceneaney 0]

Hey guys i really need you help

I marries my girlfriend who is a USC in febuary...and we went to the Homeland Securty Offices in Dallas to find out what i needed to do in order to become a legal citizen..(i wanted to do it right) The lady there told us that in order to make it legal i had to leave and come back....i asked what paperwork i needed and she handed me a pile of forms and told me to fill tham out and (yer gonna love this) "Take them back to Ireland with me and present them when i was coming back and when i did to then file them myself. I being new and somewhat naive about the process asked "ok so if i leave and come back all i need is a one way ticket then??" she said yes and myself and my wife made preperations for my return.

3 weeks later i have everything i need.....my passport, marraige licence, "the forms" and a one way ticket.

I get to vorder control and they tell me that all this is wrong and marraige licence or not i wasn't getting in...they took a photocopy of my stuff and fingerprints etc.

now.......we have properly filed the I-130 and i am desperate to see my wife again....i realise that i must wait for the approval but my company are giving me the time off to go see her. we called an embassy in the US and they said they can't see why i couldn't come back as long as i had letters stating my intent to return.

I'm not a stupid man and i don't wanna mess with the system.....but has any one travelled after experiencing something like this???????

please help me i need to know

thank you

Edited April 1, 2009 by allanmceneaney

[YuAndDan 153]

You should have consulted an attorney or looked at the guides here on VJ before visiting USCIS.

You could have simply filed I-130 and I-485 together to adjust status.

You can visit while I-130 is pending but it is recommended to have solid evidence that you will return home after the visit.

Also compare CR-1 to K-3, lately the CR-1 process for most countries has been just as fast, USCIS and NVC have greatly streamlined I-130 processing to the point where the K-3 no longer is relevant. K-3 was developed at at time where I-130 was taking a year or longer to process.

Note: Lately USCIS has been approving both I-130 and I-129F on the same date which pretty much defeats the reason the K-3 exists. The reason K-3 was developed was for the married couple to be rejoined and wait out a LONG I-130 approval process, this is not the case anymore. If they are approved on same date, then try to keep the I-130 moving through NVC for a CR-1 visa, it will save you $$$ and time waiting for a green-card approval from adjustment of status.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 and K-1 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[allanmceneaney 0]

You should have consulted an attorney or looked at the guides here on VJ before visiting USCIS.

You could have simply filed I-130 and I-485 together to adjust status.

You can visit while I-130 is pending but it is recommended to have solid evidence that you will return home after the visit.

Also compare CR-1 to K-3, lately the CR-1 process for most countries has been just as fast, USCIS and NVC have greatly streamlined I-130 processing to the point where the K-3 no longer is relevant. K-3 was developed at at time where I-130 was taking a year or longer to process.

Note: Lately USCIS has been approving both I-130 and I-129F on the same date which pretty much defeats the reason the K-3 exists. The reason K-3 was developed was for the married couple to be rejoined and wait out a LONG I-130 approval process, this is not the case anymore. If they are approved on same date, then try to keep the I-130 moving through NVC for a CR-1 visa, it will save you $$$ and time waiting for a green-card approval from adjustment of status.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-1:

I-129F: $455

Consulate: $131

Adjustment Of Status: $1010 I-485

($1596)

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 and K-1 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

thanks fr the info.....but be rest assured we have been seeing each other forward and back for a few years now....it wasn't just a case of marrying her for a green card.....not being rude it's just i know how these things can look.....but really thank you

[Krikit 1,163]

Hi Allan. Welcome to VJ.

I am sorry for the misinformation you received at the CIS office. I find it disgusting that the officer was so poorly uninformed and that you are now in this situation. Except for those from countries where it is difficult-to-impossible to obtain a visitor's visa to the US, most of the VJ members have come and gone repeatedly. A lot of members have been denied entry but that has not affected their visa approvals. This link will take you to an FAQ with great information. It specifies K-1's but it is applicable to all. Visitation FAQ's

Good luck. I hope you are able to visit.

[payxibka 10,045]

Hi Allan. Welcome to VJ.

I am sorry for the misinformation you received at the CIS office. I find it disgusting that the officer was so poorly uninformed and that you are now in this situation. Except for those from countries where it is difficult-to-impossible to obtain a visitor's visa to the US, most of the VJ members have come and gone repeatedly. A lot of members have been denied entry but that has not affected their visa approvals. This link will take you to an FAQ with great information. It specifies K-1's but it is applicable to all. Visitation FAQ's

Good luck. I hope you are able to visit.

poorly uninformed? would that mean the same as greatly informed?

[Krikit 1,163]

poorly uninformed? would that mean the same as greatly informed?

Whoops!

[allanmceneaney 0]

Thanks for the info guys ..but the question that's bugging me is...Will I be flagged on the Border Control System if i try to visit??

We're gonna risk the journey and buy a ticket that can be refunded if i'm turned away.

I will have solid evidence to show i will be coming back like a rental agreement and a work contract.

Have any of you ever been flagged like this?? and if you have what happened

Thanks again

[Bobby+Umit 161]

Thanks for the info guys ..but the question that's bugging me is...Will I be flagged on the Border Control System if i try to visit??

We're gonna risk the journey and buy a ticket that can be refunded if i'm turned away.

I will have solid evidence to show i will be coming back like a rental agreement and a work contract.

Have any of you ever been flagged like this?? and if you have what happened

Thanks again

they took a photocopy of my stuff and fingerprints etc.

Yes, you are probably "flagged" in their system.

[allanmceneaney 0]

hey guys

after much consideration we've decided to chance a vacation...i have all the necessary paperwork showing that i am in fact coming back. Also i applied online for the visa waiver program....the little green form that you usually fill out at the airport....and it approved me on the US border control website.

So my quetion is..............If my passport was flagged....wouldn't I have been denied a tourist visa??? So on this "hunch" of sorts we're going to try and get me over for a vacation to see my baby!!

If anyone has any info on this and has tried this route please leave a message

Wish me luck

[Bobby+Umit 161]

hey guys

after much consideration we've decided to chance a vacation...i have all the necessary paperwork showing that i am in fact coming back. Also i applied online for the visa waiver program....the little green form that you usually fill out at the airport....and it approved me on the US border control website.

So my quetion is..............If my passport was flagged....wouldn't I have been denied a tourist visa??? So on this "hunch" of sorts we're going to try and get me over for a vacation to see my baby!!

If anyone has any info on this and has tried this route please leave a message

Wish me luck

Denial of the tourist visa is not necessarily connected with your previous "flag" (if it was done at all). The embassy (state) department issues the visa, the CBP are the ones that make the call if they let you in or not.

CBP can still prevent you from entering the country, as with all visa's. A visa, in itself, is not a guarantee entry into the US. There systems may not even be connected enough to pass the information through.

As long as you were truthful with your application, you should have no issues. But be prepared if they deny entry.

Good Luck!