Can my tourist visa be turned down at POE if I have an ongoing K1 application

[yketwaroo 10]

Hi all, I'm trying to figure out if something I heard is just a rumour or if it is common occurrence.

Is it true that you has a higher chance of being turned down at port of entry if you have an ongoing K1 process? I mean do immigration officers at the borders check if you're in the system and decided to refuse you entry? I mean are there people here who've been that situation and can they share their experience?

Here's my situation, my fiancee is a US citizen and we've started the process to get a K1 but we all know it can be a very lengthy process, nearly a year. We want to meet again during that time as I'm sure most people would. We've met in another country and she came to stay in my country for almost a month so we've been really hoping I could visit her in her home town too.

I know that getting a tourist visa can be made more difficult by the K1 but still it's not impossible. I was thinking I could at least try. If I don't get the visa, fine, it's $150 down the drain but I tried. What's really really terrifying is what if I actually get the visa but end up being turned down after travelling almost all the way to her.

please tell me if I'm just being paranoid..

[Boiler 45,516]

Very unlikely you would be refused entry in the circumstances you describe.

[Anh map 2,098]

Answer any questions honestly and bring evidence of strong ties to home.

[yketwaroo 10]

sorry, I'll try to clarify.

I'm not asking about getting a tourist visa (B2). I want to know if I can get denied at the port of entry. i.e at the airport when I land in the US.

My fiancée and I already started on a K1 visa. She sent the first packet recently.

If I wanted to visit her, say in December, I'd apply for a tourist visa. It's possible I may be denied the tourist visa because the interviewing officer thinks I'll stay in the US because of my fiancée, but it could be that since I have to go back to my country for the K1 interview later, I might be granted the tourist visa.

Since we've started the K1 process, it's likely that I'm "in the system."

What I want to know is do the immigration officers who stamp the passports at the airport have a way of knowing that I've applied for a K1 as well. And if they do, do they tend to refuse entry to people who are trying to visit their significant other? Is it something that happens often?

I'm asking in the k1 forum because I believe a lot of K1'ers must have tried to visit their significant other in the US while the different visa stages were under way. So they might have some experience about it.

[Anh map 2,098]

sorry, I'll try to clarify.

I'm not asking about getting a tourist visa (B2). I want to know if I can get denied at the port of entry. i.e at the airport when I land in the US.

My fiancée and I already started on a K1 visa. She sent the first packet recently.

If I wanted to visit her, say in December, I'd apply for a tourist visa. It's possible I may be denied the tourist visa because the interviewing officer thinks I'll stay in the US because of my fiancée, but it could be that since I have to go back to my country for the K1 interview later, I might be granted the tourist visa.

Since we've started the K1 process, it's likely that I'm "in the system."

What I want to know is do the immigration officers who stamp the passports at the airport have a way of knowing that I've applied for a K1 as well. And if they do, do they tend to refuse entry to people who are trying to visit their significant other? Is it something that happens often?

I'm asking in the k1 forum because I believe a lot of K1'ers must have tried to visit their significant other in the US while the different visa stages were under way. So they might have some experience about it.

Again, answer any questions from the CBP officer honestly and bring strong proof of strong ties to home.

Being issued a visa does not assure entry. The officer at the POE makes that determination. It's always best to be prepared.

[mehellie 9]

Again, answer any questions from the CBP officer honestly and bring strong proof of strong ties to home.

Being issued a visa does not assure entry. The officer at the POE makes that determination. It's always best to be prepared.

But are the chances high that entry will be denied due to the pending K-1 status? Obviously you can be denied regardless, but the question is whether having a K-1 visa will definitely detrimentally affect one's chances of gaining entry into the US at the POE.

[Operator 1,927]

But are the chances high that entry will be denied due to the pending K-1 status? Obviously you can be denied regardless, but the question is whether having a K-1 visa will definitely detrimentally affect one's chances of gaining entry into the US at the POE.

I wouldn't say the chances of denial by CBP are increased for the beneficiary of a K-1 visa petition. What Anh Map is saying you still have to prove to them that you are not intending to immigrate during you visit. Answering all the questions honestly and showing the intention to return home is key.

My Fiancée traveled to the states twice during our 305 day wait and had no difficulty but was subjected to secondary screening once. She had with her the copy of our petition and NOA1 along with her strong ties to home.

Be prepared and be honest and should go smoothly.

[Boiler 45,516]

But are the chances high that entry will be denied due to the pending K-1 status? Obviously you can be denied regardless, but the question is whether having a K-1 visa will definitely detrimentally affect one's chances of gaining entry into the US at the POE.

I answered your question.

I also visited whilst the K1 was processing.

[yketwaroo 10]

I answered your question.

I also visited whilst the K1 was processing.

Thanks. it's just that some guy told me his fiancée got turned back at the border and she was from Canada. And another guy got refused the tourist visa as soon as he said he was going to the US to meet with his fiancée's family. Overall it seemed like having a K1 in progress was bad. I guess it's really touch and go..

[Boiler 45,516]

Canadians generally do not need visa's.

You asked about being refused assuming you obtained a visa.

[yketwaroo 10]

well, that's what got me worried. If someone who doesn't need a visa can be turned down by the CBP, my odds seemed pretty grim.

[Penny Lane 8,159]

Thanks. it's just that some guy told me his fiancée got turned back at the border and she was from Canada. And another guy got refused the tourist visa as soon as he said he was going to the US to meet with his fiancée's family. Overall it seemed like having a K1 in progress was bad. I guess it's really touch and go..

It is up to a border patrol officer. Someone can be denied at the border whether they have a K1 in progress or not. Answer questions honestly, bring strong ties from home, bring a copy of your NOA1. Having a K1 in progress can actually help if the officer sees that you are going about things the legal way. But it all depends on the officer.

Many people here have visited the US while a K1 was in progress, myself included. Just bring ties to home.

[az110965 252]

A round trip airline ticket to show the CBP officer is a good thing, a letter from your employer stating the amount of time that you're excused from work is also good. Don't bring more clothing that an average person traveling would normally bring and of course ties to your home ie: mortgage, bank statements, car payments, etc... This assumes that you'd receive a tourist visa in the first place.

Good luck!!!

[arynmichael 3]

Yes, they can deny you entry even if it is a valid tourist visa. They can also bar you from entering the U.S. for 10 years. Or they can let you in. I know the odds that they will bar you are probably pretty low but when you enter the U.S. while the visa process is ongoing they can easily see it as though you have abandoned the visa process and have decided to give up on immigrating legally, so you are just trying to immigrate ilegally on a valid tourist visa.

My fiance and I thought about having him come back here while we waited out the visa but our lawyer strongly advised against it (he has a lot of experience in K1s and he didn't overcharge us). He said that you had about a 30% chance of being let in. The big problem is that if they don't let you in you have to book an immediate flight home (which will cost at least $1,000) and you don't even get to see your fiance.

Make sure if you decide to go you bring STRONG proof or having to return home (you would think and interview for a visa approval would be enough but it really isnt). My fiance lives with his parents and has a temp job; he would have probably been denied on the spot! I know being apart is terrible but it is just part of the process. If you have the money to burn and don't mind taking the risk, then go for it, but just be aware of the consequences.

I hope this helps!

Edited September 1, 2011 by arynmichael

[Boiler 45,516]

30%?

More like 90 something%

Where does the ban come in?

In this situation where the Consulate know all about the current situation and has assessed accordingly, it would be very unlikely for them to be second guessed. Not unlikely, not impossible.