Can boarder guards turn you away with a K-1 visa?

[Archeon 0]

Hi,

After a very shaky entry into the US recently under the visa waiver program (where the officer let the guy in front of me in without an ESTA!), where I was nearly turned around for no good reason at all (2 interviews and treated like a criminal), I was curious to know if boarder guards have the authority to turn you away with an issued visa? (k-1 or otherwise).

Regards,

Arch

[Danu 19]

Techically, yes. It doesnt happen often though as you have a visa showing you are eligable to come into the states. The only thing they could turn you back for is something extreme. I'm going to guess your last denial was after you were engaged? If thats so they might have thought you were an immigration risk, but now with the Visa, it doesnt matter, because you have proof you are allowed to immigrate.

[Archeon 0]

Yeh the issue was i was coming over here for 3 months without a job at home (who has a job that they can take a 3 month vacation from?) and possibly because i said i was coming to stay with my fiancee.

I'm now just trying to think of an "extreme" scenario where they would turn you away with a visa....(Perhaps new evidence that you are a potential terrorist that came up after the visa was issued?)

Arch

[SunDrop 59]

Hi,

After a very shaky entry into the US recently under the visa waiver program (where the officer let the guy in front of me in without an ESTA!), where I was nearly turned around for no good reason at all (2 interviews and treated like a criminal), I was curious to know if boarder guards have the authority to turn you away with an issued visa? (k-1 or otherwise).

Regards,

Arch

Depends on the visa. VWP and even B2 visitor's visas do not guarantee you entry at POE, because they can turn you around if they believe you have an intent to stay and/or do not satisfy sufficient ties to your home country and/or cannot demonstrate your ability to support yourself for the duration of your trip.

K1 visas are a different ball game and I haven't ever read of someone being turned away with one. You've been through an in depth process and it is a single entry visa for the express purpose of getting married and adjusting status to LPR (legal permanent resident).

Sounds like you went to secondary interview but got through it. It's a nerve-wracking experience every time you enter the country, but once you've filed your K1 and received your NOA1, you can demonstrate that you are going about immigrating in the proper manner and are less likely to experience difficulties.

The general advice is keep your answers simple, don't give more information than you're asked for and always ALWAYS be honest.

[SunDrop 59]

Yeh the issue was i was coming over here for 3 months without a job at home (who has a job that they can take a 3 month vacation from?) and possibly because i said i was coming to stay with my fiancee.

I'm now just trying to think of an "extreme" scenario where they would turn you away with a visa....(Perhaps new evidence that you are a potential terrorist that came up after the visa was issued?)

Arch

See - insufficient ties and issues of funding. Make sure if you travel again, you do so with your NOA1.

And don't try and think of scenarios like that, honestly. This process is going to be torturous enough without adding unnecessaries to it.

As for the job, anyone who has a sabbatical could

[FrostyMist 1]

I think I read that they could turn you away if they suspect that the envelope marked "DO NOT OPEN" (You get it when you get your passport returned to you once your visa is approved) has been tampered with.

I've always been a bit curious about this question though. Never read of anyone being refused, but I know that technically it can happen. Makes me wonder whether I should ship all of my stuff (and my animals) over with me, or wait until I'm safely in the country and then send for them.

[Gary and Alla 3,694]

Hi,

After a very shaky entry into the US recently under the visa waiver program (where the officer let the guy in front of me in without an ESTA!), where I was nearly turned around for no good reason at all (2 interviews and treated like a criminal), I was curious to know if boarder guards have the authority to turn you away with an issued visa? (k-1 or otherwise).

Regards,

Arch

Yes, absolutely, nothing technical about it. CBP can refuse entry to anyone at anytime with no rhyme or reason needed.

That said, if you are worried about it, you are wasting energy. Your entry experience last time, as a VWP citizen with a pending K1 will have no bearing on your entry this time. I travel to Canada many times in a week usually and I have been grilled for up to two hours, but usually waved right on through, and what? It is a sovereign country and they have the right (as we do) to inspect, question, detain or even waterboard you. Get over it.

You won't have any trouble

[Gary and Alla 3,694]

Yeh the issue was i was coming over here for 3 months without a job at home (who has a job that they can take a 3 month vacation from?) and possibly because i said i was coming to stay with my fiancee.

I'm now just trying to think of an "extreme" scenario where they would turn you away with a visa....(Perhaps new evidence that you are a potential terrorist that came up after the visa was issued?)

Arch

It is possible, and Obama has done nothing to rule out the possibility of torture first!

Sounds to me like last time you were waving a handful of red flags while standing in line and wonder why they grill you.

[rebeccajo 14]

I think I read that they could turn you away if they suspect that the envelope marked "DO NOT OPEN" (You get it when you get your passport returned to you once your visa is approved) has been tampered with.

I've always been a bit curious about this question though. Never read of anyone being refused, but I know that technically it can happen. Makes me wonder whether I should ship all of my stuff (and my animals) over with me, or wait until I'm safely in the country and then send for them.

There are at least two anecdotes of K-1's being denied admittance to the US on Vj that I am aware of. Both are probably impossible to locate now due to the current board set-up of purging posts if the member has not posted in the last six months.

The member LiamAndLisa was turned around at his port of entry for an item on his police report which the London consulate had failed to address at his interview. He returned home, his fiance' filed a hardship waiver for him, and the waiver was granted speedily after being put 'ahead of the line' (as the Consulate had erred).

The fiance of the member GoldenHeart (I believe that was the name) was turned around because he referred to his fiance' as his 'wife' to border guards while they were inspecting his visa and envelope contents. I do not know how his situation concluded.

Both instances are rare examples of how things can go wrong at point of entry and how a visa is not a guarantee of entry into the US.

[luv2uallday 1]

Hi,

After a very shaky entry into the US recently under the visa waiver program (where the officer let the guy in front of me in without an ESTA!), where I was nearly turned around for no good reason at all (2 interviews and treated like a criminal), I was curious to know if boarder guards have the authority to turn you away with an issued visa? (k-1 or otherwise).

Regards,

Arch

K-1 visa is a single entry visa meaning after the first entry the visa is no longer valid for re-entry unless you have an adjustment of status and a re-entry permit or a re-permit. if you try to enter with a single entry visa you run the high rist of beingstuck best secure a re-ebtry permit or adjust your status and apply for a re-entry permit. best not gamble and risk greater headaches and possibly have to be re-petition all over again good luck

[SunDrop 59]

K-1 visa is a single entry visa meaning after the first entry the visa is no longer valid for re-entry unless you have an adjustment of status and a re-entry permit or a re-permit. if you try to enter with a single entry visa you run the high rist of beingstuck best secure a re-ebtry permit or adjust your status and apply for a re-entry permit. best not gamble and risk greater headaches and possibly have to be re-petition all over again good luck

I think the OP meant when he uses his K1 to enter the country. Not that he's planning on trying to use it as a multi-entry visa

[luv2uallday 1]

K-1 visa is a single entry visa meaning after the first entry the visa is no longer valid for re-entry unless you have an adjustment of status and a re-entry permit or a re-permit. if you try to enter with a single entry visa you run the high rist of beingstuck best secure a re-ebtry permit or adjust your status and apply for a re-entry permit. best not gamble and risk greater headaches and possibly have to be re-petition all over again good luck

I think the OP meant when he uses his K1 to enter the country. Not that he's planning on trying to use it as a multi-entry visa

whoops my bad sorry.