If You Are Denied Entry at POE

[Catica 1]

When did he leave last and how many times has he been here recently?

Do you realize that a turnback could add processing time to the visa?

He left here last time On Dec 4th, 2006 In the past 6 months that was his only visit and in the past year he has had 1 other visit for 10 days. This next visit we are looking at the end of February probably around the week of the 19th-25th and it will be a 2-3 week visit most of the dates will be dependant upon if we get our NOA2 and then the date of the interview, we want to make sure the trip wont interfere with anything involved with that. Yes we do realize it could, but then we could still also not be approved for another 6 months, just about everything in this process is luck and a guessing game. Him being denied is not my main concern it was just If it would happen if someone tells you at the airport whats going on.

[rebeccajo 14]

When did he leave last and how many times has he been here recently?

Do you realize that a turnback could add processing time to the visa?

He left here last time On Dec 4th, 2006 In the past 6 months that was his only visit and in the past year he has had 1 other visit for 10 days. This next visit we are looking at the end of February probably around the week of the 19th-25th and it will be a 2-3 week visit most of the dates will be dependant upon if we get our NOA2 and then the date of the interview, we want to make sure the trip wont interfere with anything involved with that. Yes we do realize it could, but then we could still also not be approved for another 6 months, just about everything in this process is luck and a guessing game. Him being denied is not my main concern it was just If it would happen if someone tells you at the airport whats going on.

I'm not sure I understand the last sentence of your reply.

A 'turnback' can add processing time to a visa petition, especially as regards London. Usually the consulate will ask the beneficiary to come in for a full set of fingerprints prior to the interview. These prints are then subject to security checks by DOS.

Just some food for thought.

[Vagina Journey 0]

Steve had been denied at POE prior to us filing for the K-1...They had left him call but i didnt get the call in the airport on my celly.....No one came out to tell me, and after many many hours of waiting and asking at questions I called home and found a message from him that he was sent back...Even when I had inquired with customs his name, and flight info on the custom red phone.. I was told no one had been detained all day...It was a real mess.

Best wishes in whatever you do~ Kelle

[devblt 0]

This actually happend to a friend of mine. His wife came to visit while going through the process. They denied her entry. No one came out to tell him what was going on. Luckly, his wife was able to call him and talk to him for a couple of minutes while she was being questioned to let him know what was going on. If it wasn't for the cell phone communication between the two of them, he would not have known what was going on.

In the end, she was refused entry and had to fly back to the U.K on the next flight out. When she finally had her interview she had to declare the fact that she was denied entry and she was asked question about why and what happend... thankfully the CO at the embassy in London approved her CR1 visa, and she was able to come to the states in october of last year.

[JaEnglishGirl 34]

wow this scares me!!

I would like to visit my fiance while my K1 is pending, was thinking of bringing a letter from work saying that I am expected back on such and such a date and I stand to lose 9 months paid maternity leave amounting to X figure if I don't come back....thought that might convince them....But reading this makes me worried they might not care...

[TimsDaisy 0]

(forgive me - this is a long one)

I have personal experience with this one so my first two items of advice are:

1.) Has your love overstayed a visa or an I-94 or otherwise violated ANY immigration laws/regs? If not, you should be pretty safe. If so - DON'T RISK IT. Meet in Canada. Personally, we love Montreal.

2.) Send him a phone that will work in the US. Prepaid, whatever. One that can send text messages. It will be your ONLY lifeline. They have no duty to inform you, he has no rights since he's not an American and not techncially on American soil. No one has to tell you a thing and it is more likely than not that they won't.

Here's our story:

My then-boyfriend, now fiance, and I met a few days after, unbeknownst to me, he passed his I-94 date. He is British, but knew he wanted to stay in US longer than the VWP 90 day limit. So he got a holiday visa, saw it's year-long validity, and when his passport was stamped with a May date that matched his then return ticket, he didn't think another thing of it. He had already decided to stay in the US when we met. He left BEFORE his visa expired (important fact).

Two or so months later, he flew back to SFO (word on the street: AVOID San Francisco Int'l Airport at all costs if you are worried about POE issues, they are the number one place to refuse entry). I waited in the arrivals area and watched a 747-worth of heavily coated passengers process through the doors to their loved ones or chauffers. When people in straw hats and island print started coming out of the door, I knew the English flight was mostly processed and I began to worry.

I went to the information desk and the guy there gave me numbers for both Customs and Immigration. I called Customs. They asked for his birthday and said they had no one held back. I called immigration. A testy man demanded "Where did you get this number?!" I said from the information desk. He said he could release no information and I had to ask an airline ticketing agent.

As I headed for the escalator up to the BA ticketing counter, I received a text message that said "in interview room. not looking good." Fortunately, my boyfriend had his American cell phone on his person and not in his checked luggage (which wasn't with him in the room) and was able to send texts while the officials came and went. I found a ticketing agent who said I had to talk to immigration. I said "no," firmly and demanded she called. She called, then held the phone from her ear and said "they are sending him back."

I started to lose it, but asked for the phone. The immigration official on the other end would give me no more information but he did say "my thoughts to you is that you not wait around. that airport parking can be expensive."

That is a direct quote.

I found my way back to the arrivals area through a haze of hot tears and literally grabbed a poor customs official clearly on his way back from dinner by the arm and begged - BEGGED - him to help me find out what was going on. He agreed to see what he could do and entered the behind-the-barracades arrivals area. Meanwhile, my boyfriend sent a text confirming he was being sent back. He later told me they told him he could either buy a ticket for the next flight (that left approx 1.5 hours after he had arrived here and ended up costing $1200) or spend a night in jail and get the next flight out the next day. He chose the flight and fortunately had the resources to pay for the ticket. I'm sure many wouldn't.

They escorted him to a ticket agent in the secure area and escorted him to get his luggage and escorted him to the gate, down the jetway and on to the plane.

Meanwhile the border agent came back and told me what i already knew. I tried to ring immigration several times to fruitlessly object. At one point, they straight up hung up on me.

It may sound like hyperbole to say that next to a death in the family, this was the most traumatic experience of my life - but it was right up there.

In the interview room, the officials told him he should be "grateful" because they were not banning him from the country (which I think they only could've done had he overstayed his visa, which he DID NOT DO - though overstaying an I-94 is apparently called a "visa overstay" - so figure that out). "All" he had to do was "just" get a visa from now on. No more VWP for him.

I have a copy of the document they typed up and had him sign - complete with misleading bits and inartfully constructed sentences - if anyone would like to see it, send me a message and I can email it, or maybe I'll post it here.

So - the lesson: DON'T TRY IT if you think he won't get in. If you are just mildly concerned or are being cautious, then have ALL that evidence with you. Letters from employers saying when he's expected back. Mortgages. Deeds. Bank Statements. Letters from friends. A calendar full of upcoming events in England. Something signed in blood. A statement of reference from Pope Benedict. No question asked in that interview is innocent. And normal, truthful people who try to cooperate get SCREWED. For example, they asked "how much money do you have?" "On me?" asked my boyfriend, "$50?" He didn't know and I didn't know to prep him, that they were asking him how much money he had so that he wouldn't become a public charge. There's so much we innocently did wrong.

It was a horrible experience. Anyone who is worried about it or wants to know more - message me or post replies. I wouldn't with this on my worst enemy.

Edited January 24, 2007 by TimsDaisy

[Catica 1]

What proof of ties did your finacee bring with him on the trip that he was sent back home on?

and no my fiancee has no overstays and yeah the phone idea seems good i have an extra prepaid one ill probably just send him it.

[*julez* 124]

I would love to know what prrof of ties they asked for and why they found it inadequate? Or was it solely because of the so-called overstay?

I also wonder if age makes a difference in their decisions? I met this Brit in the Philly airport who comes over on the VWP every other month, staying for a month at a time and has done so for years without incident (she stays with her fiance)- she was in her late 40's. I wonder if they think you're less likely to stay illegally if you're older?

One more for Tim'sDaisy - will you guys require a waiver for the overstay? I've heard mixed answers on this when the country involved is on the VWP.

[Magnolia31 0]

At this point in time Im worried about everything. Its not that I think he will be turned away but I like to be prepared for the worst.. You know murphy's law. If anything can go wrong it will. As far as me going over there we have many reasons. The biggest one is I have a 4 year old son from my first marriage who I share joint custody with my ex husband, I have him Sat-Tues my ex has him Wed-Fri. Every moment I have with my son is special to me and even those 3 days apart I have already kills me. I could never leave my son for weeks and go to another country even if it is to see the man I love, I love my son more and because of the agreement and the days we split taking him with me is not an option. Other smaller things include my job, my home, and the fact im scared to death of airplanes. All in all even with the K1 pending its easier for us for him to come here.

You sound like me. I worry about everything but I have anxiety disorder. I always worry about the worst ... even if there is no reason to.

When is the last time he came to the states?

My friend visits her boyfriend in Atlanta all the time. When she goes through customs, she tells them she is visiting her cousin. She told me that if you say you are visiting your boyfriend/girlfriend, they will turn you around.

Oh, Im scared of airplanes too. I usually take Dramamine to relieve the anxiety and sickness. I had a bad experience on an airplane in 1994 and ever since then, flying scares me.

[Magnolia31 0]

I would love to know what prrof of ties they asked for and why they found it inadequate? Or was it solely because of the so-called overstay?

I also wonder if age makes a difference in their decisions? I met this Brit in the Philly airport who comes over on the VWP every other month, staying for a month at a time and has done so for years without incident (she stays with her fiance)- she was in her late 40's. I wonder if they think you're less likely to stay illegally if you're older?

One more for Tim'sDaisy - will you guys require a waiver for the overstay? I've heard mixed answers on this when the country involved is on the VWP.

Never mind. I now saw your other post about when he was last there. ;-)

I find this stuff so freaking ridiculous. My daughter is a US citizen so if I took her to see her father who she hasn't seen since she was 2, they could deny me entry? That's just horse poop.

[TimsDaisy 0]

Regarding the proof of ties, in a word: none.

I can hear you all groaning and rolling your eyes - but just didn't know better and didn't expect that kind of reaction. Ignorance is costly, even if it isn't willful ignorance. Extenuating circumstances for us also included: we met because he was living in the US for an extended holiday. He had decided he wanted a career change and decided that it was best to go on holiday before beginning a new job. He had also split from his wife a year or so earlier. As part of the split, she bought him out of his share of their house. You see where this goes: he had no job, no house, and no wife (and has no children). He could have shown ample financial resources that might have assured them he wouldn't become a drain on public resources, but I challenge you to prove on paper that you love your family enough not to leave them forever or for a good long while if you aren't their parent or spouse. We were dead in the water before he even sat down in that interview room. We're "don't" poster children for those starting their immigration journey.

As for julezabelle's questions: if you've never violated the laws, and, as that woman at the airport probably had, a steady document showing that she did indeed come and go without violating any laws, then they would have little grounds to deny entry - not only from a legal standpoint, but a practice standpoint. That wouldn't stop some border agent from stopping her someday, but on what grounds? If she's come and gone for years, she probably has plenty of stuff to show ties to home and everything to show that she won't overstay. Why wouldn't she have done so already?

It's another example of why Catica probably doesn't have any problems to lose sleep over. Take some documents. Take that phone. Be reasonable with them - truthful and upfront but in a smart way - use the right vocabulary, avoid the danger words.

Julezabelle: I'm not sure I understand your question about requiring a waiver for the overstay - can you explain what you mean since there might be information out there I don't know about yet that relates to the K1 process. Thanks!

[*julez* 124]

Regarding the proof of ties, in a word: none.

I can hear you all groaning and rolling your eyes - but just didn't know better and didn't expect that kind of reaction. Ignorance is costly, even if it isn't willful ignorance. Extenuating circumstances for us also included: we met because he was living in the US for an extended holiday. He had decided he wanted a career change and decided that it was best to go on holiday before beginning a new job. He had also split from his wife a year or so earlier. As part of the split, she bought him out of his share of their house. You see where this goes: he had no job, no house, and no wife (and has no children). He could have shown ample financial resources that might have assured them he wouldn't become a drain on public resources, but I challenge you to prove on paper that you love your family enough not to leave them forever or for a good long while if you aren't their parent or spouse. We were dead in the water before he even sat down in that interview room. We're "don't" poster children for those starting their immigration journey.

As for julezabelle's questions: if you've never violated the laws, and, as that woman at the airport probably had, a steady document showing that she did indeed come and go without violating any laws, then they would have little grounds to deny entry - not only from a legal standpoint, but a practice standpoint. That wouldn't stop some border agent from stopping her someday, but on what grounds? If she's come and gone for years, she probably has plenty of stuff to show ties to home and everything to show that she won't overstay. Why wouldn't she have done so already?

It's another example of why Catica probably doesn't have any problems to lose sleep over. Take some documents. Take that phone. Be reasonable with them - truthful and upfront but in a smart way - use the right vocabulary, avoid the danger words.

Julezabelle: I'm not sure I understand your question about requiring a waiver for the overstay - can you explain what you mean since there might be information out there I don't know about yet that relates to the K1 process. Thanks!

Thanks for the details Daisy!! I hear what you say about the coming and going and the established patter with no overstays. I just worry cos when my fiance came over last July after 8 months away he was given a hard time - POE wa the Peace bridge in Buffalo, NY - he flew into Toronto. He's been back since then via Philly w/o incident. He's never had an overstay either.

As for requiring a waiver - I know that others who have had overstays have needed waivers, or if you are denied another type visa or worked in the US illegally, you might need a waiver. I'm not sure what the rules are when the country is on VWP. What happens if a waiver is needed is that you'll be told at the interview time, so if you know its coming you can have the docs ready at the time of the interview to explain the overstay and why a waiver should be granted - that reallly expedites things. Sorry I don't know more - you might want to check out the waiver forum for better info.

I ask Daisy because I also have the fear that one of these days my guy will be turned away and we haven't yet filed. This whole thing is so stressful! (But still SO worth it!)

And don't beat yourself up for the turn back! How would you know? I didn't until I found this site!

Edited January 24, 2007 by julezabelle

[TimsDaisy 0]

I hear good things about Philly. My guy's overstay was probably long enough that he'd have been nabbed anywhere - but a friend of his with the same original I-94 date went home about 4 or 5 days after its expiry and returned 2 or 3 weeks through Philly as a POE. they gave him a hard time ("what makes you think you get to come back?" "my visa," he said. "that's from STate dept, WE decide if you get in.") but he got in. They may ask him questions, but they probably won't have grounds to keep him out unless he's broken the rules before. Just avoid SFO!

I will definitely check out that waiver issue, however. Sounds like it is something we can have ready just in case? I'll look into it. (He was denied entry, and later denied a new holiday visa - again for lack of ties evidence. the barsts).

[devblt 0]

I think the best option would be for the USC to go visit thier SO in he/her country. Does it really matter which country you ultimately meet in? Does it really make sense to take a risk and have your SO come to the US and get denied regardless of how low that risk is? The SO will ultimately be coming to the US *hopefully* when the visa is approved anyway..

[Nkybaby 0]

When you get the NOA2 you still have a while before they will give you an interview date...so at the time it is not an issue...Also if he has been in the US before it shouldn't be a problem...I mean how long does he plan to stay...

and as far as flying...It's funny because I had only flown once 3 years ago before I went to the UK....I flew to the islands which was about a 4 hour flight...and now I have flown to UK 3 times...and I look forward to it now each time...and you don't have to stay there forever...I usually do 4-6 days or so...You could leave on a Wednesday and come back on a Sunday...ticket prices are around $400 bucks these days to Heathrow or Gatwick...

So it's okay if you go...and when it comes time for the interview do you plan on going with him...then you might have to fly anyway...I mean he can go by himself, but for moral support and making sure the consular knows that you are committed then go along....

Also I guess only by him coming to the US is the proof of meeting in person....

Well in either case I wish you the best of luck...

I also have a child...but if you can work something out...Then that would be great...Where there is a will there is a way...just think positive...