DS-156 Question #38

[Jonara 0]

Hello

My fiance was refused re-admission to USA following a previous 90-day stay under VWP. CBP felt he's an intending immigrant so he must get a real visa in order to come back to the country. Now that he's completing DS-156 (part of K-1 process), it is obvious that he has to check off Yes to the second question (Have you ever been refused...").

Questions:

1) Is it necessary to add a supplemental document explaining what happened at POE? I am assuming the consulate will be given a copy of the I-877 that was filed the day he was turned away.

2) Would this affect the K-1 approval? He was not given any 3 or 10 year ban. He was simply told he can no longer use VWP to enter the US in the future.

Thank for your feedback.

[Old Dominion 26]

Yes, supplemental information (a simple two paragraphs would do) giving date and reason for refusal, would help. At this point you are doing a petition to USCIS, and assuming everything else is in order, the petition will be approved in due course. Then he will be applying for the visa and the same question will come up; the same supplemental statement will suffice.