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Posted (edited)

hello all vjers!

ive posted a similar topic on this before. but ill explain my story hoping for some good and much needed advice...

me and my fiance filed for an k-1 visa in july 2011. we just received our noa2 november 4th and will soon be expecting our first packet. by the way, im the beneficiary (from Canada, Vancouver B.C). Once all of our packets are done my interview will be booked at the Vancouver Consulate, which the waiting time shows roughly to be about 19 days to book an interview i read online here. It got me thinking, that things are coming up very fast and i needed some advice on the port of entry into the USA whenever I get my visa.

ill start from the beginning of my story.Basically, last year in January 2011, I went to go visit my (boyfriend at the time, we were not engaged yet)for the first time. My boyfriend was always the one to come to canada to come visit me and we thought it was time for a change for me to go visit him. i tried to go take a plane to go see my boyfriend in the USA. It did not end up happening (i was turned away and wasnt let into the USA, so I still have not gone until the day). I was 19, living with my parents, had no job, had WAYYYYYYYY too much luggage, and i had no idea when i was coming home from the visit (i know you can have up to 6 months usually in the US for visiting and i was planning on staying for about 1-2 months only then going back home to canada). I was taken into secondary security at the airport and was interrogated and was red flagged, having my photos and fingerprints taken and a bunch of questions asked and filled out. On that note, I have NEVER been on a plane in my life, this was going to be my first time, and I have only been to the USA once when i was a small child which I dont even remember..Looking back on all this, everything does seem very sketchy on how i was going about on the plane. I just guess it never occured to me like that at the time and i had no advice from my parents or anyone on luggage or planes, just got ahead of myself I guess.

Anyways, my overall question(s) are:

will anything from my past experience at the USA border affect my entry into the USA with a valid visa such as our k-1 visa?

and even if I had the visa, what are the chances of being denied at the border and not being able to go?

im just asking these questions because, ide be leaving my apartment and i also dont know anyone around here and dont have family around me since moving out on my own so ide be scared of being denied at the border even with a valid visa and having no where to go back home to and no job anymore is my HUGEST FEAR.

any adice would be greatly appreciated!! hope my story made sense!!

Edited by jessicaDiana
Filed: Country: Malaysia
Timeline
Posted

No, your past experience at the border will not affect your K1 visa. You may, however, need to disclose at your visa interview that you had not been allowed entry into the US. Once you have your visa approved, you will not have problems entering into the US.

To clarify, though: did you or did you not board the plane at all? Your story is a wee bit confusing.

December 2009 -- Visit to Malaysia.

February 2010 -- Applied for B2 visa, approved.

March 2010 -- Visited US.

April 2010 -- Returned from US.

May 2010 -- Sent in K1 Visa application.

July 2010 -- Received NOA2 in 71 days from NOA1.

July 2010 -- Packet 3 received.

August 2010 -- Cancellation of K1 Visa application.

Click HERE for VisaJourney guides.

image.gif?fsize=50&font=Filxgirl.TTF&text= MalaysianGirl &mirror=no&color=0033FF&vcolor=996699&bgcolor=α=yes&output=gif&spacing=4&shadow=undefined&transparent=no

Filed: K-1 Visa Country: Canada
Timeline
Posted

On all of your forms for K1 petition you need to make sure that you tell them you were denied entry from the US. It will probably ask you why and if your story is exactly how you say, you should answer something like "Lack of ties to returning home". When you travel, you need to demonstrate that you will be returning to Canada, which obviously you didn't have any evidence of when you were refused entry into the US.

You may want to ask other VJers about what you should write exactly. Just don't lie and say you weren't refused entry because that would be even worse when they found out.

Once you get your visa you shouldn't have much (if any) hassle crossing the border.

Filed: Country: Malaysia
Timeline
Posted

On all of your forms for K1 petition you need to make sure that you tell them you were denied entry from the US. It will probably ask you why and if your story is exactly how you say, you should answer something like "Lack of ties to returning home". When you travel, you need to demonstrate that you will be returning to Canada, which obviously you didn't have any evidence of when you were refused entry into the US.

You may want to ask other VJers about what you should write exactly. Just don't lie and say you weren't refused entry because that would be even worse when they found out.

Once you get your visa you shouldn't have much (if any) hassle crossing the border.

I believe she mentioned they have already filed their I-129F petition and have now received their NOA2?

December 2009 -- Visit to Malaysia.

February 2010 -- Applied for B2 visa, approved.

March 2010 -- Visited US.

April 2010 -- Returned from US.

May 2010 -- Sent in K1 Visa application.

July 2010 -- Received NOA2 in 71 days from NOA1.

July 2010 -- Packet 3 received.

August 2010 -- Cancellation of K1 Visa application.

Click HERE for VisaJourney guides.

image.gif?fsize=50&font=Filxgirl.TTF&text= MalaysianGirl &mirror=no&color=0033FF&vcolor=996699&bgcolor=α=yes&output=gif&spacing=4&shadow=undefined&transparent=no

Filed: Country: Malaysia
Timeline
Posted

There are forms you have to fill out for the Vancouver consulate that ask these questions. At least 1 form if not 2. :)

Gotcha. Thanks for the information. :thumbs:

December 2009 -- Visit to Malaysia.

February 2010 -- Applied for B2 visa, approved.

March 2010 -- Visited US.

April 2010 -- Returned from US.

May 2010 -- Sent in K1 Visa application.

July 2010 -- Received NOA2 in 71 days from NOA1.

July 2010 -- Packet 3 received.

August 2010 -- Cancellation of K1 Visa application.

Click HERE for VisaJourney guides.

image.gif?fsize=50&font=Filxgirl.TTF&text= MalaysianGirl &mirror=no&color=0033FF&vcolor=996699&bgcolor=α=yes&output=gif&spacing=4&shadow=undefined&transparent=no

Posted

Back in August of last year, I was denied TWICE to the US. So trust me when I say, you'll be fine. Even though I had written about it on one of the forms asking about past refusals, I was not asked a single question about it at the interview nor at POE. It's like it never happened!

But remember, even though you'll have a visa, you can still be denied at the border. The border patrol have the ultimate say on whether letting you in or not. I've seen this only happen ONCE though for a Canadian. His name here I believe is codybanks. He had to re-apply for another visa and I believe the second time around, he got into the US. But he was denied about a previous police charge or something. You shouldn't worry about your one little denial though, it'll be fine. I highly doubt the border patrol will not let you in because of that.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

You were denied entry to the US because they suspected you intended to immigrate. The K1 visa specifically allows for the intention to immigrate. Your past denial won't affect your ability to enter with a K1 visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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