deny entry at poe

[terri and jay 0]

ok i have a problem and we need help. my fianee was here from jan to april under 90 days. we fled back to uk for the weekend and we came back. when we got to detroit mich they deny entry for my fiancee. they said he didnt have a bank card and cause he was self employed that he had nothing for him to return to uk. so they sent him back but he didnt get no stamp and no paper work , they just told us that he was just deny entry to usa. so we r working on our k-1 so we can get marry and start our wonderful life together but heres my problem it wont happen until after aug and in aug my daugther is getting married, she so wants him to be here. my family loves him and we want him part of it. so we were thinking of him trying again to fly over here in aug and show them her invitation to the wedding hoping this time they would they let him in.but were not sure if they would aloud this cause he was deny before. and if he is denied again would this hurt our k-1 case. i really want him here.

[JimVaPhuong 4,863]

He will be denied entry.

Once somebody has been denied entry once they will not be able to enter on the Visa Waiver Program ever again. They will need a visa to enter. He may have a difficult time getting a visitors visa with the K1 visa pending.

[English Muffin 59]

First your fiance is going to have to find out if he can still use the VWP or not. You say he wasn't given any paperwork and he has nothing stamped in his passport, so maybe he can. Has he filled out another ESTA application? That will let him know if he can still use the VWP. If he can't he'll need to apply for a B2 visa and I can't see them issuing one if he already has a K1 in the works and he has no ties to the UK.

If he can still use the VWP there is nothing stopping him from trying to enter again in August, however the chances of him being turned around again are pretty high I would imagine, especially if he is still self-employed and has no ties to home. If that does happen it won't have any effect on your K1, so no need to worry about that.

Edited June 21, 2009 by English Muffin

[English Muffin 59]

I stand corrected - JimVaPhuong is absolutely correct and your fiance cannot use the VWP again.

He will need to apply for a B2 and that is almost certainly going to be refused.

[terri and jay 0]

I stand corrected - JimVaPhuong is absolutely correct and your fiance cannot use the VWP again.

He will need to apply for a B2 and that is almost certainly going to be refused.

ok thank you thats what i thought but i tried , think there might be a way to get him here. he does have tries to uk , job , taking care of ill father, a son , and a new job . .. the only reason no bank card is cause last time he was here in usa he had problems trying to take money out , so he took all his money out and also he moved 3 hours away from where he was living and hasn't open account again , i guess it diffent there to open one , u have to have proof of a utilily bill or something but he moved back in with his mom and dad and has nothing under his name to open one , they r looking in open one with his mom. ok what is a ESTA? thank u again

[English Muffin 59]

ESTA is for only people using the VWP and your fiance can't use that now. If he wants to visit again he'll need to apply for a B2 visa.

[terri and jay 0]

ESTA is for only people using the VWP and your fiance can't use that now. If he wants to visit again he'll need to apply for a B2 visa.

ok thank you, i just talked to him and i guess he'll miss the wedding . thank you for your help again . i really love this site it help me understand lots about the k-1 and everything about greencards and etc thank you again

[missmissy 38]

ESTA is for only people using the VWP and your fiance can't use that now. If he wants to visit again he'll need to apply for a B2 visa.

ok thank you, i just talked to him and i guess he'll miss the wedding . thank you for your help again . i really love this site it help me understand lots about the k-1 and everything about greencards and etc thank you again

We went through the same thing and my fiance has missed a lot of things that have happened here. He can't get ANY kind of visa now that we have filed for our K1.

[Nik+Heather 121]

I agree he'll want to get a B2 if he wants to try again, but this idea that no visitor visa will be possible once the K1 is in the works seems a bit strange.

I CAN see inadmissibility if the UKC has been determined to have misrepresented himself during this failed attempt to enter on the VWP. If that's the case, sure, I agree, don't even try. If he was allowed to withdraw his application for entry, then it's a no harm, no foul. Simple denials of admission will NOT detrimentally affect the K1 process.

If it's worth risking the cost if he gets turned away, it has been our direct experience (and that of some others on here from low fraud countries) that K1 petitions actually HELP the process - POE officers comment that they are letting the beneficiary in because they are going about it the "right" way. When Nik got into secondary, the piece of paper which sealed the deal was the NOA1. This, combined with a return ticket, B2 visa, wedding invitation (purpose is to attend the wedding, not stay for a long period after only a weekend), and letter of leave from the new job sounds almost like overkill to me. I thought being turned away at POE (unless for fraudulent reasons) was usually without prejudice - which means shouldn't have a detrimental effect if you try again but are more prepared. Anyway, the first, and cheapest step is to try for a B2 (It's only $131).

Terri and Jay have to decide how much money is too much money to gamble, but I'm optimistic...though I won't deny the unfavorable outcomes are possibilities so is a favorable outcome.

[terri and jay 0]

I agree he'll want to get a B2 if he wants to try again, but this idea that no visitor visa will be possible once the K1 is in the works seems a bit strange.

I CAN see inadmissibility if the UKC has been determined to have misrepresented himself during this failed attempt to enter on the VWP. If that's the case, sure, I agree, don't even try. If he was allowed to withdraw his application for entry, then it's a no harm, no foul. Simple denials of admission will NOT detrimentally affect the K1 process.

If it's worth risking the cost if he gets turned away, it has been our direct experience (and that of some others on here from low fraud countries) that K1 petitions actually HELP the process - POE officers comment that they are letting the beneficiary in because they are going about it the "right" way. When Nik got into secondary, the piece of paper which sealed the deal was the NOA1. This, combined with a return ticket, B2 visa, wedding invitation (purpose is to attend the wedding, not stay for a long period after only a weekend), and letter of leave from the new job sounds almost like overkill to me. I thought being turned away at POE (unless for fraudulent reasons) was usually without prejudice - which means shouldn't have a detrimental effect if you try again but are more prepared. Anyway, the first, and cheapest step is to try for a B2 (It's only $131).

Terri and Jay have to decide how much money is too much money to gamble, but I'm optimistic...though I won't deny the unfavorable outcomes are possibilities so is a favorable outcome.

ok thank you for your help. im leaving it up to jay if he wants to try this. when he came last time and was deny entry, it wasnt fraud and didnt misrepresent himself. we were given bad advise from our EX-LAWYER. that was r 1st mistake. she said it would be fine if he fled back for a fews days but we should of listen to other and he should of stay a few weeks. she told us not to have a return ticket back which i think is what threw up the red flag. so we learn our lesson and we let her go, i joint here and have someone help us fill k-1 out and all the help i get here and understand what to watch out for . any way thank you for your input and we'll see what happens, i'll let you all know but i know one day we will look back at this and laugh. p.s. yes we can afford it , money not the issue but u r right what if he is still deny, we could save this money for our wedding . lot to think about

[Ed+Cindy 1]

ok i have a problem and we need help. my fianee was here from jan to april under 90 days. we fled back to uk for the weekend and we came back. when we got to detroit mich they deny entry for my fiancee. they said he didnt have a bank card and cause he was self employed that he had nothing for him to return to uk. so they sent him back but he didnt get no stamp and no paper work , they just told us that he was just deny entry to usa. so we r working on our k-1 so we can get marry and start our wonderful life together but heres my problem it wont happen until after aug and in aug my daugther is getting married, she so wants him to be here. my family loves him and we want him part of it. so we were thinking of him trying again to fly over here in aug and show them her invitation to the wedding hoping this time they would they let him in.but were not sure if they would aloud this cause he was deny before. and if he is denied again would this hurt our k-1 case. i really want him here.

This happened to us. PM me for more info, as I don't like posting all of it.

He will have to wait for the K-1 to get it. There are several people I know of that this happened too. All still got a K-1, but the process at USCIS (NOA2) took longer, presumable because the case was more scrutinized).

You won't get in on a B visa (you might be issued one, but CBP will not let him in as a visitor anymore).

Google INA 214.b and that's why he was turned around. I'm assuming he 'withdrew his application for admission'.

-Ed