I've been refused... then now what!?

[Autumnchik 6]

My fiance was once denied entry to the U.S. The guard said that: 1. he couldn't prove ties to Canada and 2. since we were in the middle of the K-1 process, he could no longer visit me. (BTW, visiting depends on the particular guard and their point of view re: K-1).

Anyway, we put yes on the DS-156, it came up at the interview (was actually 1 of only 2 questions asked!!!) The consular officer said that it was good that we were honest.

We got the visa too!!! Don't worry, just be honest during this process.

My situation is just like yours! So did you put a yes on part 38?

We did put yes, because for him, he was at Vancouver pre-clearance (POE to the US) and was denied (well, "allowed to withdraw petition for entry").

[Ken_Maria 0]

My fiancee was denied 2xTourist Visas and cancelled a K1 petition couple of years ago. We selected yes and wrote an explaination letter for each denial. The Tourist visa is a different process and should not affect your current K1 unless you were denied for some criminal issues.

You can only be denied entry into the U.S. is you have arrived at a POE and were sent back. So, unless you have actully flown ot he U.S. and were sent back by Immigrations, the answer is "no". Hope this helps, ken & Maria

Last year I've applied for an Nonimmigrant Visa, but didn't grand it for some reason. Is it going to affect me getting my immigration visa? There is a question on DS-156 form, asking if I have ever been refused for a visa, should I put yes?

And also, below it on part 38...."Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student status or a public secondary school after November 30, 1996 without reimbursing the school?", if I put "yes" then I may be required to personally appear before a consular officer.

What should I do? Anyone has the same experience?

[Kinsey 0]

My fiance was denied a tourist visa to the US in October (lack of ties), but on his application he put that he was going to stay with his fiancee, which is why the consular officer suggested the K1 to us. I don't think it will be a problem, but that is because we were upfront about it from the beginning.

Not mentioning a fiance(e) on a tourist visa, being denied, and then applying for a K1 is bound to raise some flags. It doesn't mean you will get denied, but they may grill you a bit more.

"Have you ever been denied entry to the US?" I assume, would only be if you were actually turned away at a POE. "Have you ever been refused a US Visa?" would be where your tourist visa denial comes into play.

Honesty is the best policy always. They are not stupid, and everything is on record.