Refusal of US visa vs. denied entry

[Allymash 7]

I have a questions regarding form DS-156 question 31. Have you ever been refused a US visa?

i have never applied for a US visa before my K1 application, but i have been denied entry to the US for not having enough ties to Canada. Since i was denied once at the border, would this count as a refusal for a US visa and would i check yes to this question?

[loladolly 51]

you have to answer "yes" to question 38 part 2 that specifically asks you if you have been denied entry to the US. I would answer no for the visa part

[Teddy B 17,252]

I have a questions regarding form DS-156 question 31. Have you ever been refused a US visa?

i have never applied for a US visa before my K1 application, but i have been denied entry to the US for not having enough ties to Canada. Since i was denied once at the border, would this count as a refusal for a US visa and would i check yes to this question?

Being denied entry is not the same as being denied a visa, so you would answer no to this question.

[Allymash 7]

Will being denied entry to the US before i applied for my K1 be a reason for not being approved?

Question 38. part 2, by checking yes i seem to be agree to more than beign turned away at the border. Has anyone else checked of yes to this questions and has been approved for a K1?

[mpheonix 7]

Immigration typically doesn't refuse your visa application for a K1 (immigration) visa, because you were denied entry at the border, unless it was for security reasons. The reasons that your K1 application would be denied would be some of the following:

1. Missing documents
2. Incorrect paperwork
3. Incorrect or missing translation documents
4. Insufficient income/savings of the U.S. citizen sponsor
5. Very large age difference between the couple
6. Minimal communication or contact in the previous year, the couple have not seen each other for an extended period after filing I-129F K1 visa application
7. Communication barrier where neither partner speaks the other language; poor English skills
8. Partner with a minor child is unable to obtain legal custody
9. Lack proof of day to day contact
10. Beneficiary at the visa interview does poorly and consular officer doubts there is a bona fide relationship to the U.S. citizen
11. A relative or friend in the U.S. who plays a large or active role in matchmaking
12. The U.S. citizen petitioner has filed for another foreign citizen in the past
13. Criminal record
14. Medical condition or disease (such as AIDS, tuberculosis)
15. Fiance misrepresents a fact or error at the visa interview
16. Fiance presents a document that appears to be fraudulent
17. Fiance has previously lived in the U.S. and overstayed the visa.

I hope that helps.

[ricnally 259]

Will being denied entry to the US before i applied for my K1 be a reason for not being approved?

Question 38. part 2, by checking yes i seem to be agree to more than beign turned away at the border. Has anyone else checked of yes to this questions and has been approved for a K1?

I don't think that alone, will get you denied, but they will probably ask for clarification at the interview.

[Teddy B 17,252]

Will being denied entry to the US before i applied for my K1 be a reason for not being approved?

Question 38. part 2, by checking yes i seem to be agree to more than beign turned away at the border. Has anyone else checked of yes to this questions and has been approved for a K1?

What was the reason you were denied entry? if it was insufficient ties to Canada, then no, it has no affect on your K-1 as a K-1 shows immigrant intent.

Do not lie on your application, if you were denied entry you need to answer yes.

Edited June 4, 2013 by Teddy B

[Allymash 7]

Insufficiant ties to Canada. They did not say i had to wait any amount of time before returning (just provide the documents on the list) and did not stamp anything in my passport.

[loladolly 51]

Immigration typically doesn't refuse your visa application for a K1 (immigration) visa, because you were denied entry at the border, unless it was for security reasons. The reasons that your K1 application would be denied would be some of the following:

1. Missing documents
2. Incorrect paperwork
3. Incorrect or missing translation documents
4. Insufficient income/savings of the U.S. citizen sponsor
5. Very large age difference between the couple
6. Minimal communication or contact in the previous year, the couple have not seen each other for an extended period after filing I-129F K1 visa application
7. Communication barrier where neither partner speaks the other language; poor English skills
8. Partner with a minor child is unable to obtain legal custody
9. Lack proof of day to day contact
10. Beneficiary at the visa interview does poorly and consular officer doubts there is a bona fide relationship to the U.S. citizen
11. A relative or friend in the U.S. who plays a large or active role in matchmaking
12. The U.S. citizen petitioner has filed for another foreign citizen in the past
13. Criminal record
14. Medical condition or disease (such as AIDS, tuberculosis)
15. Fiance misrepresents a fact or error at the visa interview
16. Fiance presents a document that appears to be fraudulent
17. Fiance has previously lived in the U.S. and overstayed the visa.

I hope that helps.

For 17. the overstay needs to have led to a ban (3 or 10 years). Some overstays don't get you banned (under 180 days) but it cancels your visa.

If there is no ban you are still eligible for a visa. I overstayed the VWP for a month and i am fine.

Edited June 4, 2013 by loladolly

[VanessaTony 3,567]

Immigration typically doesn't refuse your visa application for a K1 (immigration) visa, because you were denied entry at the border, unless it was for security reasons. The reasons that your K1 application would be denied would be some of the following:<snip>

As an FYI a k1 is a NON-immigrant visa. It is not an immigration visa. It will save you a lot of headaches during your research to know this.

Insufficiant ties to Canada. They did not say i had to wait any amount of time before returning (just provide the documents on the list) and did not stamp anything in my passport.

You were denied entry. There is a question about that on some forms. You were NOT denied a visa.

Denial of entry, or visa refusal do not affect your application for a fiance or spousal visa (unless denial was for criminal activity etc).