Effect on process of WVP PoE denial after petition submission

[ajk 0]

I understand that there is a likelihood of being denied entry under the WVP whilst a K1 petition is being processed, if this is the case will the K1 petition be automatically denied at interview and a waiver required?

I am planning on visiting my fiancee for two weeks in September, traveling from the United Kingdom, and we are currently awaiting our NOA2. Unfortunately I would not be able to supply evidence of strong ties to the United Kingdom (I am self employed and currently living with my parents), as such I am obviously concerned that such a denial may have an impact on our case.

Best regards

Andrew

[dwar49 0]

No a refusal or denial of entry does not automatically generate a denial for your visa request. However depending on how they mark your passport and how they enter it into the computer could cause issues. Many people who have been denied entry on the VWP receive K-1 visas (or other visas) with no issues. However there have been times that it has caused problems later on. Alot depends on the officials at POE.

It is a hit or miss thing on the VWP, many people come and go for short visits with no problems, others get refused entry seemingly at random.

[Sarah & Jon 0]

I understand that there is a likelihood of being denied entry under the WVP whilst a K1 petition is being processed, if this is the case will the K1 petition be automatically denied at interview and a waiver required?

I am planning on visiting my fiancee for two weeks in September, traveling from the United Kingdom, and we are currently awaiting our NOA2. Unfortunately I would not be able to supply evidence of strong ties to the United Kingdom (I am self employed and currently living with my parents), as such I am obviously concerned that such a denial may have an impact on our case.

Best regards

Andrew

Hi

I am in the same position as you and will be travelling over for 1 week in September while the visa is being processed. I live with my parents at the moment too but I can get a letter off my employer which I hope, along with a return ticket, is ok. I have been in and out of the US 10 times in the last 2 years so I hope they see me as reliable and note that I do actually leave the country!! I'm not so sure what will happen if entry is denied, I'm just crossing my fingers that doesn't happen. I would think it shouldn't affect the application as you are actually allowed to travel to the states while an application is pending.

This is the official advice from the embassy in London that I looked at before booking my ticket:

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

[dwar49 0]

I understand that there is a likelihood of being denied entry under the WVP whilst a K1 petition is being processed, if this is the case will the K1 petition be automatically denied at interview and a waiver required?

I am planning on visiting my fiancee for two weeks in September, traveling from the United Kingdom, and we are currently awaiting our NOA2. Unfortunately I would not be able to supply evidence of strong ties to the United Kingdom (I am self employed and currently living with my parents), as such I am obviously concerned that such a denial may have an impact on our case.

Best regards

Andrew

Hi

I am in the same position as you and will be travelling over for 1 week in September while the visa is being processed. I live with my parents at the moment too but I can get a letter off my employer which I hope, along with a return ticket, is ok. I have been in and out of the US 10 times in the last 2 years so I hope they see me as reliable and note that I do actually leave the country!! I'm not so sure what will happen if entry is denied, I'm just crossing my fingers that doesn't happen. I would think it shouldn't affect the application as you are actually allowed to travel to the states while an application is pending.

This is the official advice from the embassy in London that I looked at before booking my ticket:

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?

If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé (e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to an immigration inspector evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.

What they dont tell you is that it is at the discretion of the official at POE. No hard guidelines. It is a dice roll at best.

[ajk 0]

Thanks very much for your prompt responses.

I was aware that any denial is at the discretion of the office at the PoE but I'm pleased to hear if it is the case it doesn't lead to an automatic denial of the visa at the embassy.

[rebeccajo 14]

I have not read here of a turnback requiring a waiver. However I will yield to others that it could depend on how your passbook is marked.

A turnback may require an extra step during your visa process. Some here have been asked to appear at the consulate in order to provide an extra set of fingerprints prior to the visa interview.

Do you have contracts or orders from your clients/customers for future work? You could carry those as proof of your return.

Carry copies of the NOA1 (and NOA2 if you have it by then) showing you are in the process of a K1 petition. If you have your appointment for your medical, carry confirmation of that. Honestly disclosing that you have a petition in process and you realize you MUST return to the UK to successfully complete the process should go a long way in your favor.

You might also try entering the US through Dublin. At least if you are turned back you aren't so far from home.

[dwar49 0]

I have not read here of a turnback requiring a waiver. However I will yield to others that it could depend on how your passbook is marked.

A turnback may require an extra step during your visa process. Some here have been asked to appear at the consulate in order to provide an extra set of fingerprints prior to the visa interview.

Do you have contracts or orders from your clients/customers for future work? You could carry those as proof of your return.

Carry copies of the NOA1 (and NOA2 if you have it by then) showing you are in the process of a K1 petition. If you have your appointment for your medical, carry confirmation of that. Honestly disclosing that you have a petition in process and you realize you MUST return to the UK to successfully complete the process should go a long way in your favor.

You might also try entering the US through Dublin. At least if you are turned back you aren't so far from home.

Curious to know, how do you enter US at Dublin. You are leaving UK and entering Ireland, however you still have to POE US in US territory.

[rebeccajo 14]

Dublin is a US POE.

Well because it's not on american soil it has another name but I can't recall what that is. There are - I believe - six or seven such ports around the globe. But nonetheless one can pass through immigration there. Customs is then done in the US.

My husband and I returned from Europe via Dublin last September and he produced his K1 there. Many others on VJ have done the same. Generally it appears to be a fairly cordial and professional place in which to enter the US.

Edited August 7, 2006 by rebeccajo

[rebeccajo 14]

I have not read here of a turnback requiring a waiver. However I will yield to others that it could depend on how your passbook is marked.

OMG. I have to stop posting before I've had coffee.

[drelewis 0]

I went over for a week and had the best entry since i started my VJ, one question was asked " what are you here for"

I replied to see my partner graduate and its her birhtday, he just said "ok" and stamped my forms.

I think if you have alwalys left on time and never overstayed you should be ok.

As most people have said nothing is promised, but just take some information on having a job. I am a contractor so i took my contract but that was not needed.

Good luck