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charlesnj46

Deny entry during K-1

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Filed: K-1 Visa Country: Canada
Timeline

I visited my fiance in the U.S. (by car from Canada) several times while our K-1 Visa was being processed. I did not fly into the U.S., however.

As long as you have proof of ties to Canada (such as lease/mortgage documents), your most recent pay stubs, most recent bank statement and utilities, or a letter from your employer stating when they expect you back to work, you will increase your chances of being allowed to enter.

There is never any guarantee that you will be allowed to enter if the border officer believes that don't have enough ties to Canada, but there are no complications to your case if you are denied. It just means you'll have to turn around and return to Canada and wait for the K-1 visa to be approved.

Good luck.

Edited by raymaga

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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The fact that your I-129F application is pending has no bearing on her being admitted to visit you. But, if she is concerned about being denied, they you should probably wait. You are looking at about one more month of waiting in all likelihood before the approval and depending upon the backlog in Canada you could see her here before the end of the year and maybe before Christmas.

If she is worried, then why take the chance. But she should not be concerned because of the application.

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Filed: Other Country: Netherlands
Timeline

I've asked this exact same question, and overall the response I've gotten is this:

Being denied at the border really doesn't effect the visa process -that much-. There is (supposedly) a place on the visa forms down the road that will ask about if you have ever been denied a visa before. But there are plenty of people for many many reasons who get denied visas. You just fill out the form, and if they ask, you explain the situation. Not a big deal really.

But, ultimately, it's up to you on if you want to take the chance that you might be turned back. It might be better for the petitioner to visit the beneficiary's country instead, but if that's not possible, you really should make the decision between yourselves.

Hope this helps...

Our K-1 Visa/AOS/RoC timeline can be found here.

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Filed: Country: Canada
Timeline
I've asked this exact same question, and overall the response I've gotten is this:

Being denied at the border really doesn't effect the visa process -that much-. There is (supposedly) a place on the visa forms down the road that will ask about if you have ever been denied a visa before. But there are plenty of people for many many reasons who get denied visas. You just fill out the form, and if they ask, you explain the situation. Not a big deal really.

But, ultimately, it's up to you on if you want to take the chance that you might be turned back. It might be better for the petitioner to visit the beneficiary's country instead, but if that's not possible, you really should make the decision between yourselves.

Hope this helps...

Thank you all responded.

Is the deny entry the same as denu visa?

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

If she is denied entry, does she need to reveal in future visa application?

Charles.

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Filed: K-1 Visa Country: Canada
Timeline

I've asked this exact same question, and overall the response I've gotten is this:

Being denied at the border really doesn't effect the visa process -that much-. There is (supposedly) a place on the visa forms down the road that will ask about if you have ever been denied a visa before. But there are plenty of people for many many reasons who get denied visas. You just fill out the form, and if they ask, you explain the situation. Not a big deal really.

But, ultimately, it's up to you on if you want to take the chance that you might be turned back. It might be better for the petitioner to visit the beneficiary's country instead, but if that's not possible, you really should make the decision between yourselves.

Hope this helps...

Thank you all responded.

Is the deny entry the same as denu visa?

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

If she is denied entry, does she need to reveal in future visa application?

Charles.

I've entered the US by car from the Vancouver area about 10 times since we submitted our I129-F. Sometimes I've gotten a bit of scrutiny about it, but never anything too serious. We haven't received the NOA2 yet, but I don't know if that makes a difference. Often they just ask what I do for a living and who I work for and they seem satisfied. I think it also helps I have a history of going every weekend now :)

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Filed: Country: United Kingdom
Timeline
I've asked this exact same question, and overall the response I've gotten is this:

Being denied at the border really doesn't effect the visa process -that much-. There is (supposedly) a place on the visa forms down the road that will ask about if you have ever been denied a visa before. But there are plenty of people for many many reasons who get denied visas. You just fill out the form, and if they ask, you explain the situation. Not a big deal really.

Being denied entry and being denied a visa are two different critters.

I'm surprised at your 'supposedly'... have a read of the next round of form filling; it will make it easier when it's your time! :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Citizen (apr) Country: Canada
Timeline

Canadians do not use the visa waiver program. Your fiancee visits the US under a special arrangement made between the Canadian and US government wherein which she does not require a visa - therefore no 'visa waiver'.

A denial of entry at the border is not the same thing as having a visa denied. If she is denied entry at the border while coming to visit you, it means they don't believe she has enough ties to Canada to ensure she will leave the States at the end of her visit. If she brings along evidence of her ties to Canada - house mortgage or lease agreement, homeowners or renter's insurance that is valid on that property, paystubs, letter of employment from her boss, car ownership papers and Canadian insurance, utilitiy bills at her residence, outstanding checues coming to her at her home address for repayments of health claims, work, etc., vet bills for pets still in Canada, enrollment in an ongoing course of study at college or University, things like that are evidence of ties to Canada - they are more likely to allow her to across the border for her visit.

If she is denied entry, however, and if she is asked if she has been denied entry, either in person by a border official or on any of the immigration documents, she must be truthful. Lying will cause the border officials to deny her entry and immigration officials to deny her applications, and yes, they will know. Having been denied entry in the past does not mean she will be denied entry in the future. The reason for being denied is considered in all future decisions, so just make sure she tells the truth.

If she is concerned about being denied - or if she is denied - why not visit her yourself until she receives her visa? Just be sure to bring evidence of your own ties to the US as well. Canadian officials are a little more lenient on US visitors but may also deny you entry if you appear to be a Canadian immigration risk:-). Just be able to convince them you are playing by the rules and you will generally find the process of border crossing reasonable.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: Country: Canada
Timeline
Canadians do not use the visa waiver program. Your fiancee visits the US under a special arrangement made between the Canadian and US government wherein which she does not require a visa - therefore no 'visa waiver'.

A denial of entry at the border is not the same thing as having a visa denied. If she is denied entry at the border while coming to visit you, it means they don't believe she has enough ties to Canada to ensure she will leave the States at the end of her visit. If she brings along evidence of her ties to Canada - house mortgage or lease agreement, homeowners or renter's insurance that is valid on that property, paystubs, letter of employment from her boss, car ownership papers and Canadian insurance, utilitiy bills at her residence, outstanding checues coming to her at her home address for repayments of health claims, work, etc., vet bills for pets still in Canada, enrollment in an ongoing course of study at college or University, things like that are evidence of ties to Canada - they are more likely to allow her to across the border for her visit.

If she is denied entry, however, and if she is asked if she has been denied entry, either in person by a border official or on any of the immigration documents, she must be truthful. Lying will cause the border officials to deny her entry and immigration officials to deny her applications, and yes, they will know. Having been denied entry in the past does not mean she will be denied entry in the future. The reason for being denied is considered in all future decisions, so just make sure she tells the truth.

If she is concerned about being denied - or if she is denied - why not visit her yourself until she receives her visa? Just be sure to bring evidence of your own ties to the US as well. Canadian officials are a little more lenient on US visitors but may also deny you entry if you appear to be a Canadian immigration risk:-). Just be able to convince them you are playing by the rules and you will generally find the process of border crossing reasonable.

Thank you again for all responded.

The reason for my financee to visit me is I do not have any vacation time left.

our case may last longer due to name check problem.

On our RFE, there is A number assigned for her. Make it more suspetious about coming to US.

I have to convince her to come any way.

Charles.

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Filed: AOS (pnd) Country: Canada
Timeline

I've asked this exact same question, and overall the response I've gotten is this:

Being denied at the border really doesn't effect the visa process -that much-. There is (supposedly) a place on the visa forms down the road that will ask about if you have ever been denied a visa before. But there are plenty of people for many many reasons who get denied visas. You just fill out the form, and if they ask, you explain the situation. Not a big deal really.

But, ultimately, it's up to you on if you want to take the chance that you might be turned back. It might be better for the petitioner to visit the beneficiary's country instead, but if that's not possible, you really should make the decision between yourselves.

Hope this helps...

Thank you all responded.

Is the deny entry the same as denu visa?

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

If she is denied entry, does she need to reveal in future visa application?

Charles.

I've entered the US by car from the Vancouver area about 10 times since we submitted our I129-F. Sometimes I've gotten a bit of scrutiny about it, but never anything too serious. We haven't received the NOA2 yet, but I don't know if that makes a difference. Often they just ask what I do for a living and who I work for and they seem satisfied. I think it also helps I have a history of going every weekend now :)

I've visited my fiance in Washington since we filed our I129-F in May not knowing it could be an issue! (I only JUST found this site). I cross by car from BC and say I'm visiting my boyfriend. I get the usual questions about goods or gifts and what I do for a living. A few times they've asked if I have any clothes at his place. I answer no. So my experience has been very good - if lucky? I do think it helps that there's a pattern of my visits every weekend.

BTW - Received our approval on 10/20/06 by mail - no email. So may have to rethink the visits?

Bhu - new VJ'er

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Thank you all responded.

Is the deny entry the same as denu visa?

:no:

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

:no: If she is Canuck citizen, she is NOT entering under VWP (there is a different Canada-specific approach used)

If she is denied entry, does she need to reveal in future visa application?

:no: I had two entry denials in 1988 and 1989; I subsequently got a F-1 visa (by applying for Grad school) and three PFI-issued TN-1's (May 1994, Feb 1995, Nov 1995; also initially denied on the Feb 1995 entry due to improper offer-letter), subsequently got GC (after lots of migraines, Dec 1999) and US citizenship (April 2005).

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: Country: Canada
Timeline

Thank you all responded.

Is the deny entry the same as denu visa?

:no:

She is coming from Vancouver. She is canadian citizen. She come to us using WVP.

:no: If she is Canuck citizen, she is NOT entering under VWP (there is a different Canada-specific approach used)

If she is denied entry, does she need to reveal in future visa application?

:no: I had two entry denials in 1988 and 1989; I subsequently got a F-1 visa (by applying for Grad school) and three PFI-issued TN-1's (May 1994, Feb 1995, Nov 1995; also initially denied on the Feb 1995 entry due to improper offer-letter), subsequently got GC (after lots of migraines, Dec 1999) and US citizenship (April 2005).

Is canadian citizen consider under VWP? or special arrangement between US and Canada?

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Filed: Country: United Kingdom
Timeline
Is canadian citizen consider under VWP? or special arrangement between US and Canada?

Why would writing it a third time make a difference?

:no:

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline
:no: I had two entry denials in 1988 and 1989; I subsequently got a F-1 visa (by applying for Grad school) and three PFI-issued TN-1's (May 1994, Feb 1995, Nov 1995; also initially denied on the Feb 1995 entry due to improper offer-letter), subsequently got GC (after lots of migraines, Dec 1999) and US citizenship (April 2005).

Cherry,

Did you answer "yes" to the question "Have you ever been refused admission to the U.S?" on the visa applications when you applied for them?

May 1996: Met in Mexico
K1
March 7th, 2006: Sent 129F to NSC
March 9th, 2006: NOA1 Day 1
June 15th, 2006: Notice of transfer to CSC
October 3rd, 2006: IMBRA RFE e-mail
October 17th, 2006 CSC e-mail confirming RFE receipt.
October 18th, 2006: NOA2!!!!!!!! 224 days!
October 25th, 2006: NVC received file
November 10th, 2006: Received Packet from CDJ
January 5th, 2007: Visa approved!!!! 302 days!
February 16th, 2007: Civil Ceremony
AOS
February 21st, 2007: Mailed AOS, EAD & AP to Chicago
March 1st, 2007: NOA1 - Day 1
March 26th, 2007: I-485 transferred to CSC - Day 25
March 30th, 2007: Biometrics appointment - Day 29
April 14th, 2007: Big Wedding!!!!
May 8th, 2007: AP Approved - Day 68
May 10th, 2007: EAD Approved- Day 70
September 20th, 2007: SECOND Biometrics appointment - Day 203
December 4th, 2007: AOS approved!!!! 278 days!
December 10th, 2007: Received GC - Day 284
Removal of Conditions
August 31st, 2009: Mailed I-751 to CSC
September 2nd, 2009: NOA1 - Day 1
October 15th, 2009: Biometrics appointment - Day 44
October 26th, 2009: 10 year GC approved!! - Day 55
October 31st, 2009: Received GC - Day 60

NATURALIZATION

May 7th, 2013: Mailed N-400

May 9th, 2013: NOA1 - Day 1

June 10th, 2013: Biometrics Appointment - Day 33

September 5th, 2013: Interview - Day

September 27th, 2013: Oath Ceremony- Day

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