refused entry or revoked application to enter?

[Michael+Tracie 0]

Hi everyone,

My medical done and successfully passed, now I'm on to the interview stage of the K1 process. I do have a question concerning what constitutes "refused admission."

Before we filed our K1, I was turned back at the border from visiting my fiancee because I didn't have enough proof of ties to Canada (this was before I found VJ to be aware of such things!). The customs officer filed an I-877 form which is titled: "Record of Sworn Statement in Administrative Proceedings."

During that round of questioning, I was asked if I had ever been refused entry to the US. I answered "no" which was true. After I was turned back I asked the officer how should I answer that same question now and was told to say: "I was allowed to revoke my request to enter the US." He told me that I had NOT been officially denied because I hadn't forced the issue and voluntarily turned back. If I had pushed the issue, I would have been denied (which meant a different form had to be filled out).

So...here I am filling out my DS-156 for the interview and I run across the "Have you ever been refused admission into the US?" question. It goes on to reference other offenses all aimed at Visa related fraud, but none of that applies to me.

Being the cautious one, I want to make sure that the I-877 doesn't indicate refused entry (the form itself never mentions anything about entry at all, refused, denied, or otherwise!). Just going on what the customs officer told me, I should check the "no" box, which would also fit the "spirit" of that question, but part of me still wonders if he was correct in his definition.

Could someone out there confirm the right answer for me? I know lots of us have been turned back at the border during the visa process, so it can't be that unusual, but all of my searches came back empty.

Thanks!

[Kathryn41 3,205]

I would probably check off neither box and write in 'see attached", then on a separate piece of paper listing the question number and question, explain exactly what you said here, and add that because of what the officer said you don't know if it counts as a denial or not. That way you are covered either way. By the way, being turned back because you couldn't prove sufficient ties to Canada will have absolutely no impact at all on getting your K-1 so you definitely don't need to worry.

Edited August 31, 2009 by Kathryn41

[Rhiannercakes 14]

Hm, I wonder what the difference is between the I-877 and the I-275 is.

Because I was given the I-275 "Withdrawl of Application for Admission".

I hope mine is as simple as yours in that stage.

I'm still so paranoid about it

[Sparky&Me 0]

I was also issued a form I-275 and a form I-831, and a form I-213 (five pages all stapled together) for the same reason. They checked off “application for admission withdrawn” on the form and not “VWPP Refusal”. I still answered “yes” that I’d been denied entry on the K-1 application though, because in my thinking that is what happened. Sure I left voluntarily but only because they told me I didn’t have adequate ties to Canada and they wouldn’t admit me under section 212.

At my visa interview I was asked to explain what happened so I just told them our moving plans/intentions and that was it. It didn’t cause any problems with the visa at all, and the interviewer didn’t lecture or interrogate me about it, so you don’t have to worry about that.

That’s just what I did; Kathryn’s suggestion might work just as well. Either way, I’m sure you’ll be fine. Good luck!

[Marilyn. 340]

I was denied entry and banned for a year and I had no problems getting my visa..

I was just honest about it on the forms and all they asked me at the interview was if I had any other problems at the border besides that one time and I said no and he went on with the interview..

one thing I found odd at the time of my denial was that they never gave me any paperwork to take with me... I remember signing some forms but I never got anything..

Edited August 31, 2009 by Marilyn.

[Rhiannercakes 14]

I was also issued a form I-275 and a form I-831, and a form I-213 (five pages all stapled together) for the same reason. They checked off “application for admission withdrawn” on the form and not “VWPP Refusal”. I still answered “yes” that I’d been denied entry on the K-1 application though, because in my thinking that is what happened. Sure I left voluntarily but only because they told me I didn’t have adequate ties to Canada and they wouldn’t admit me under section 212.

At my visa interview I was asked to explain what happened so I just told them our moving plans/intentions and that was it. It didn’t cause any problems with the visa at all, and the interviewer didn’t lecture or interrogate me about it, so you don’t have to worry about that.

That’s just what I did; Kathryn’s suggestion might work just as well. Either way, I’m sure you’ll be fine. Good luck!

Ah, now this is the kind of info I was looking for.

Thank you for making me alot less paranoid about my denial to the border.

What did you write down as the reason when you checked off the yes, by the way?

I was going to put something down maybe like "Was inadmissible to the US under section blah blah blah" according to the withdrawal paperwork, but maybe there's something better.

Edited August 31, 2009 by Rhiann

[Kathryn41 3,205]

You could write' told I had insufficient ties to Canada" and turned back at the border.

[Kimbear 53]

thats exactly what i'd write Kathryn,

"insufficient tires to canada, i had just moved provinces and was living with my sister and had no current job"

at least that is for my case in a nutshell just sucked it was on my bday..but oh wells

Edited August 31, 2009 by Kimbear

[Sparky&Me 0]

I just put down that I was refused admission for a lack of ties to Canada, along with the date & place (Edmonton airport) where it happened.

[Rhiannercakes 14]

Hm. I didn't personally actually lack ties to Canada. (I think)

I just tried to get in without the right visa, since I was going down to marry, thinking I could AOS down there. (Which I couldn't, didn't know at the time).

Is that still considered lack of ties you think?

(I never seem to stop asking questions about this for some reason)

[Sparky&Me 0]

Hm. I didn't personally actually lack ties to Canada. (I think)

I just tried to get in without the right visa, since I was going down to marry, thinking I could AOS down there. (Which I couldn't, didn't know at the time).

Is that still considered lack of ties you think?

(I never seem to stop asking questions about this for some reason)

If that’s what you told the customs officer, I’d say that then – that you were denied entry because you didn’t have the K-1, because you didn’t know it was mandatory to have one before getting married and adjusting your status. Do you remember the customs officer saying anything like “I’m not letting you in because of “X”? You could use his/her exact words on the form. I think it’s best to keep it as simple and straightforward as possible.

[Rhiannercakes 14]

Hm. I didn't personally actually lack ties to Canada. (I think)

I just tried to get in without the right visa, since I was going down to marry, thinking I could AOS down there. (Which I couldn't, didn't know at the time).

Is that still considered lack of ties you think?

(I never seem to stop asking questions about this for some reason)

If that’s what you told the customs officer, I’d say that then – that you were denied entry because you didn’t have the K-1, because you didn’t know it was mandatory to have one before getting married and adjusting your status. Do you remember the customs officer saying anything like “I’m not letting you in because of “X”? You could use his/her exact words on the form. I think it’s best to keep it as simple and straightforward as possible.

And I actually got caught not telling the truth about why I was going in, but it wasn't recorded according to the withdrawal form. It just mentions that I was going to marry him and AOS but didn't have the right visa needed.

But it is true that I didn't know that I needed the K-1. I thought that you could just go down and AOS. (Where was this forum at the time )

He pretty much told me that I can't come in and marry without a visa and told me to do the K-3.

I don't mind explaining myself if they ask. It was a bonehead move on my part and now that I'm doing it right and not trying to do it illegally again, I don't see why they'd have much of a problem.

[Michael+Tracie 0]

Thanks for all the insight. I've changed my mind and decided to check the "yes" box in reference to being refused entry and added an extra page to the form with a simple explanation. I knew that being denied because of "lack of ties" wasn't going to hurt my visa application, but it was just how to handle the paperwork.

I can't believe the interview is tomorrow already! We've waited so long and now it seems like everything is happening at once! lol

Wish me luck!

[Rhiannercakes 14]

Thanks for all the insight. I've changed my mind and decided to check the "yes" box in reference to being refused entry and added an extra page to the form with a simple explanation. I knew that being denied because of "lack of ties" wasn't going to hurt my visa application, but it was just how to handle the paperwork.

I can't believe the interview is tomorrow already! We've waited so long and now it seems like everything is happening at once! lol

Wish me luck!

Good luck with your interview!

[Kathryn41 3,205]

Good luck GTB-Michael,

You'll do fine - the interview will probably even be a little anti-climatic, which I am sure will be fine with you! Remember to enjoy the view of Montreal from the windows of the Consulate!

Edited September 1, 2009 by Kathryn41