Refusal of Entry

[Emelie 0]

The biggest advice to you: Be 100% honest and do absolutly not lie to the officer. That may result to a refusal due to misrepresentation and that will cost you BIG problems with your visa. good luck!

[Anh map 2,098]

If you can find this show airing again on NatGeo tv you can see what can happen >>>>> http://www.nydailynews.com/entertainment/television/catch-a-smuggler-nat-geo-police-world-behind-scenes-kennedy-airport-article-1.974640

A person is held at the airport detention facility until there is a seat going back to the original point of departure.

[VanessaTony 3,567]

Please update your profile to indicate you are applying from Australia (this actually makes it easier to find fellow Aussies) and country matters when answering questions.

The likelihood of you being denied entering on the VWP is low, especially coming from Australia (and other low fraud countries). Most of us are asked "reason for visit?" and "visiting a friend" is fine and then when I was leaving and I told him. You of course should say fiance and should show them a copy of your K1 NOA1. You shouldn't have any issues, honestly. It is good that you're looking into the risks though and what to expect.

I was not asked for any proof of ties to Aus though I couldn't have brought much anyway (I was coming from the UK where I'd been on holiday - Contiki). Take your NOA1 (original so make sure you scan it to your computer and photocopy it). A copy of your mortgage documents would help as well. I really doubt you'll be asked for it though.

** Edit - Also, please pop by the Aussie chat forum (in my signature) to say hi if you haven't already

.

Edited December 27, 2011 by Vanessa&Tony

[Kathryn41 3,205]

Topic has been split and several posts discussing general reasons for refusal at POE can now be found here: http://www.visajourn...d-entry-at-poe/ so as not to hijack this thread from the OP's personal situation.

Edited December 27, 2011 by Kathryn41

[riss 12]

Thank you everybody for all the thoughts and advice!

It seems such a ridiculous arrangement, that they can't assess people and decide whether to allow them in or not at some earlier stage, and save everybody a lot of energy and costs and grief... Oh well!

At this stage I'm thinking I will probably give it a go. In a couple of months' time I'll have been away three months and that should make it less likely to be a problem going back in on the VWP. Hopefully I'll have organized the K-1 application so that I have my NOA to show. I figured, in addition to having my council rates notice for the house, I can also bring papers showing my medical insurance policy in Australia, plus I can show the travel insurance policy that I'll have taken out which will end on the day that I intend to leave the US. Seems to me like I'd have a reasonable chance. I read somewhere that 1 in every 800 or so travelers from Australia are denied entry to the US. I don't like the sound of that much! But it's not such bad odds.

Riss

[payxibka 10,045]

Thank you everybody for all the thoughts and advice!

It seems such a ridiculous arrangement, that they can't assess people and decide whether to allow them in or not at some earlier stage, and save everybody a lot of energy and costs and grief... Oh well!

Do you not understand that facts and circumstances can change after visas are issued? Hmm, lets see.... I apply and am approved for my multi year multi entry visa and then I go to a terrorist training camp. Since I was previously approved, should I still be allowed to enter?

[riss 12]

hi payxibka, yeah, i can certainly understand that situation. just wish there was something that would make it a bit easier, like for example the way they have pre-clearance at some airports. sadly none that i could use though.

Edited January 10, 2012 by riss

[lynJer 7]

Wot the hell????

You are going to the usa to see your fiance....why would they refuse your entry???

Have you a criminal past or something...???

Maybe Im missing something.....??

I flew in and out of USA many times.....in fact after I was engadged to the yank...I flew in and out 4 times.....2 of them were done after we applied for the K1....which incidently is immediatly registered on your passport and airport officials can see that your applying for residency...

I knew most of the customs guys names - they would never bug me over my 6 bottles of aussie red, my cartons of vb,. vegemite, violet crumbles etc etc....GEEZ ONE TIME I ARIVED WITH AN ESKY OF KRYOVAC AUSSIE MEAT AND LAMB....

WAYNE CAREY GOT SENT BACK COS HE LIED ON HIS FORM ABOUT BEING ARRESTED IN THE STATES AFTER GLASSING HIS GIRLFRIEND....

your an aussie....special treatment is allowed to you....believe me...youll be right!!!!

[Noah Lot 391]

Thank you everybody for all the thoughts and advice!

It seems such a ridiculous arrangement, that they can't assess people and decide whether to allow them in or not at some earlier stage, and save everybody a lot of energy and costs and grief... Oh well!

At this stage I'm thinking I will probably give it a go. In a couple of months' time I'll have been away three months and that should make it less likely to be a problem going back in on the VWP. Hopefully I'll have organized the K-1 application so that I have my NOA to show. I figured, in addition to having my council rates notice for the house, I can also bring papers showing my medical insurance policy in Australia, plus I can show the travel insurance policy that I'll have taken out which will end on the day that I intend to leave the US. Seems to me like I'd have a reasonable chance. I read somewhere that 1 in every 800 or so travelers from Australia are denied entry to the US. I don't like the sound of that much! But it's not such bad odds.

Riss

]

Several points:

1- when using the VWP, one is supposed to have purchased a round trip ticket, so one'e return trip if denied entry has already been paid for

2- aliens arriving in the US are arriving 'to be inspected' or admitted....the VWP, or even a visa itself, is nothing more than a mechanism for asking permission to be admitted (though most travelers do not actually 'ask' CBP to enter the US)

3- until one is admitted, you are not protected by a number of other laws of the US...your belongings can be searched, you can be questioned in a manner that might not be acceptable in other circumstances, you can be entrapped...etc....that's life. It's our country.

4- just because somebody might have fooled the VO is no guarantee they could fool the border folks, so just merely possessing a valid visa means very little if other evidence seems to suggest that the alien is not a bona fide tourist, student, etc.

5- other information about the lack of bona fides of a visa holder may have been discovered by the embassy subsequent to the issuance of a visa, and they can alert CBP electronically...so when said alien arrives and tries to spin a new fairy tale about why they are coming to the US, well, their creativity may get revealed.

6- No one save American citizens and LPRs have the right to enter the US

7- No one really cares WHY you are arriving (as long as it's for a legitimate purpose commensurate with the visa one is holding; in many cases, they might wonder WHY would you leave...

8- Far too many people in the past have told creative stories about the purpose and length of their visits, only to have changed their minds moments after picking up their luggage...thus, CBP has seen lots of these cases and demographic profiling will likely be taking place....blame the scammers, not the border folks.

9- Arriving for a proposed 3 week visit with 12 pieces of luggage and all of your diplomas and resumes is a sure fire way to be put back on the plane and sent home.

10- I personally don't believe 99% of the stories told about rude and obnoxious CBP folks...my guess is that person making such statements was rude and obnoxious him or herself or evasive or uncooperative....and that's what got that person on CBP's radar screen.

Edited February 9, 2012 by Noah Lot

[dukeandduchess 141]

It's a bit upsetting but not that big of a deal. I wasn't refused entry but it came pretty close. Basically I didn't have a return ticket so the Officer sent me into this waiting room. You sit there until they call you and then they grill you on where you're going, who you're going to see, when you're leaving. They ask you so many questions and try to get you tripped up. The best thing to do is tell the truth. They eventually let me go (after about 2 hours) but wrote that I needed to return by a certain date or I could be refused entry to the US at a later time. The airline got me on a different flight (at no extra cost).

It certainly wasn't a pleasant experience at the time, but I understand why they were doing it a lot more now that I have gone through the process.

Basically just bring proof of ties, have a return ticket, and tell the truth.

[lynJer 7]

The owner of the post is Australian.....we are viewed differently by the border than citizens of other countries for a number of reasons....

In most cases....when USA citizens enter Australia...they too will get little privileges that other countries citizens wont....

That being said, anyone who is being a #######, carrying illegal substances or being a plain wanker...expect to be harassed....cos in my job....I never tolerated ####### heads well either....

[dukeandduchess 141]

The owner of the post is Australian.....we are viewed differently by the border than citizens of other countries for a number of reasons....

In most cases....when USA citizens enter Australia...they too will get little privileges that other countries citizens wont....

That being said, anyone who is being a #######, carrying illegal substances or being a plain wanker...expect to be harassed....cos in my job....I never tolerated ####### heads well either....

That's not necessarily true though. If anyone were to have an easy time entering the US I would say it "should" be Canadians. However, I can name plenty of Canadians on this forum alone who have been denied entry for no reason other than lack of proof of ties.

VWP doesn't guarantee entry, it just makes it a lot easier.

[kittylondon 47]

I used to work for British Airways, and can say that the airline gets fined if a passenger is denied entry, but I have never heard of them passing this fine on to the passenger. They're ordered by the country's immigration service to accept the passenger on the next available flight, the passenger often has priority over other passengers in the instance that the flight is overbooked. You will get a little bit of unwanted attention in terms of being escorted onto the fight/having your documents handed over to the flight crew until you land, but that depends on the immigration officer and how seriously they take it! You're not being deported, just refused entry.

I'm in the US now on VWP but will be returning back to London on Sunday. I plan on returning to US in a few months. I'm a freelance photographer/editor, and I live with my brother who owns a property, so I don't have much proof of ties to UK. But i don't see it as being much scarier than every other time i've entered the US on VWP - and in 2 years, with over 20 trips under my belt, i've never been asked to present any proof except a return ticket (even when I did have it with me, and was working and renting a flat!). I've always been polite, and able to converse with the officer, and if this time i'm unable to convince them i wouldn't jeaoparise the K1 by doing anything silly, then I'll be sent back and have wasted £500. I imagine i'll be angry, but i can't see it being too traumatising. Airlines deal with this every day, they will rarely make a huge fuss about it. They can create and change bookings as much as they like, no matter what stupid fees they usually attach to it for customers

[Mrs5k 2]

Just thought I would add my 2 cents. I was refused entry on the VWP, luckily the next flight was a few hours so I just sat in the immigration offices that they have in the airport. I will also say that I did not have to pay for a return ticket. I flew from the UK if this helps. If you want to read the whole story of my situation it's on the general immigration forum under "is this allowed".

[Rachel and Ryan 3]

I have visited my fiance several times during the K1 process, and recently spent my full 90 days in the US. I never lie at the border, just be honest...you don't have to say you have an American fiance. Obviously the ties to home are important, but also a big bank balance helps. If you can prove you have enough money to support yourself for the duration of the visit that often really helps. Also remember once you get your NOA1 or 2 you can show that to the border control as proof you are doing immigration the legal way if you decide to tell them about your American fiance. If you can visit each other, do!! Not only will it make this whole process much nicer, its sooo hard being apart but it also acts as further evidence in the future. Plus the more time you spend in the States the better...you are planning on moving here and whether you think it will or not it will be a big change from your home, start adjusting and figuring out things now! Good luck!!