OBTAINING K1 AFTER ENTRY REFUSED ON VWP

[Meganelizabeth 0]

3 minutes ago, Meganelizabeth said:

I'm not sure, the only thing I have a copy of is the transcript of my questioning regarding my application for admission

On the transcript is says my application for admission is refused. Specifically because of my intent to migrate

[Meganelizabeth 0]

1 minute ago, Suss&Camm said:

Did they stamp your passport?

Yes, refused in accordance with section217

[Suss&Camm 2,213]

1 minute ago, Meganelizabeth said:

On the transcript is says my application for admission is refused. Specifically because of my intent to migrate

Well refused entry is not the same as a voluntary withdrawal - but it still doesn't make you ineligible for a K1 visa, which has immigation intent. You might just get asked a few more questions about it. 

[Coco8 1,042]

Had you traveled recently to the U.S.? Is that why they went through your phone?

 

It won't affect your K-1 but you won't be allowed back without a K-1. I doubt they'd give you a tourist visa.

[amishbaby 407]

25 minutes ago, Coco8 said:

Had you traveled recently to the U.S.? Is that why they went through your phone?

 

It won't affect your K-1 but you won't be allowed back without a K-1. I doubt they'd give you a tourist visa.

I'm curious if she traveled to the U.S. too. I am assuming by what is being said that she was refused from entering the country, but I'm also wondering what prompted them to go through her phone... surely there would be a reason for them to want to check?

[Meganelizabeth 0]

2 minutes ago, amishbaby said:

I'm curious if she traveled to the U.S. too. I am assuming by what is being said that she was refused from entering the country, but I'm also wondering what prompted them to go through her phone... surely there would be a reason for them to want to check?

Yes multiple entries and long stays since November 2015

31 minutes ago, Coco8 said:

Had you traveled recently to the U.S.? Is that why they went through your phone?

 

It won't affect your K-1 but you won't be allowed back without a K-1. I doubt they'd give you a tourist visa.

I had been out of the country for just over 90 days 

[amishbaby 407]

4 minutes ago, Meganelizabeth said:

Yes multiple entries and long stays since November 2015

I had been out of the country for just over 90 days 

I'm not sure what would happen in this case. I am curious to hear other people's opinions on this. If you were told that it wouldn't effect the K1 visa, I would try to at least keep a positive mind and not go crazy over it, because I too have a situation that isn't exactly like this but something relating to an error on the ESTA application. I believe it will be hard or close to impossible to get a visitor visa. If you're honest about it, you can hope for the best but prepare for the worst on whether or not you will be approved for the K1. That's how I have to think with my current situation. I have no idea about this myself unfortunately, but send me a direct message if you would like to chat a bit more and I can explain to you my situation and what others have told me.

[Boiler 46,278]

Told by somebody doing a job requiring a High School education and who will have no input into the process.

[Diane and Chris 651]

Why did you hire an attorney?

 

[JFH 12,191]

I hope action was taken against the employer for hiring someone to work illegally. People only work illegally because employers let them. Unless the issue is deeper and the OP used someone else's documents to work here. 

 

This is the second person from the U.K. sent back from Detroit airport trying to use the VWP that I've seen recently. This one was completely justified but the other one less so. I wonder if Detroit are just being sharper than others - for example, the OP's phone was searched. I'm wondering what was said beforehand that got things to that stage or whether the CBP officer just had a hunch based on her arrival and departure record. 

[amishbaby 407]

23 hours ago, JFH said:

I hope action was taken against the employer for hiring someone to work illegally. People only work illegally because employers let them. Unless the issue is deeper and the OP used someone else's documents to work here. 

 

This is the second person from the U.K. sent back from Detroit airport trying to use the VWP that I've seen recently. This one was completely justified but the other one less so. I wonder if Detroit are just being sharper than others - for example, the OP's phone was searched. I'm wondering what was said beforehand that got things to that stage or whether the CBP officer just had a hunch based on her arrival and departure record. 

I would really like to know myself. I'm more curious if this will cause a denial. I guess it's unpredictable. 

[NayRey 28]

Hello! I’m in the same situation, I’m from France. And in 2016, I get denied the entry and they put me in detention( traumatism). The reasons was I came too early on my esta and they had suspicious about work. ( i didn’t work that what I kept told them) they kept me more than 24 hours in detention and sent me back to France. On December 2017, my fiance and i filled the form we get approved 7 months later, soon I have my interview it’s frustrating.. I hope they don’t denied the visa because of the denial entry.... good luck for you, keep hope🌺

[jdaveh 58]

Were you entering the country with intent to work illegally and immigrate ?

[Boiler 46,278]

1 hour ago, jdaveh said:

Were you entering the country with intent to work illegally and immigrate ?

Seems she had been spending a lot of time in the US, wanted 3 month stay, and had a one way ticket, also sounds like they found something on her phone.

[sam.e 19]

This happened to my fiance and I in December, and then a month later he was denied a B-2 to visit as well because we were engaged and planning to live in the states. We filed for K-1 immediately after the denial in February and are hoping to get the NOA2 within the month. I was worried about the same thing, but was told it shouldn't impact the K1, I can keep you updated on our progress and if it is brought up in the interview or POE stages of the K1.