DS-160 Question Have you ever been to the US? Denied Entry (merged)

[J&S12 295]

I have researched and researched. I haven't found a CLEAR answer. If anyone knows, please tell me. Currently dealing with alot and a death in the family, so my brain doesn't click as quick as it should. 

 

My fiancé was refused at POE at DTW on the VWP,  being his first visit to the states.

They told him he didn't have enough money on him for the 90 days. (We were hoping to spend the summer together.) They also told him to come back with a K-1, as we were traveling together.

They interrogated him for 2 hours, then sent him back. His passport is stamped with Refused in accordance with INA section 217 R38024. 

 

On the DS-160 it asks, "Have you ever been to the United States?" What is the correct answer as he was refused? Thanks

[J&S12 295]

My fiancé had an approved ESTA when we arrived from the UK to Detroit Airport June of this year. They separated us as soon as they heard the word fiancé and then refused him entry. They thought we were coming to the US to get married, him to work, and told him that if he would've had a K-1, he would've let him in. They sent him back home with an INA Section 217 R38024, which I know is for the ESTA. However, we're not sure what to answer on these questions. I've already done research and can't find the answer. Any help is appreciated.  

[Ontarkie 14,227]

~~Post split off to its own thread for better discussion.~~

[payxibka 10,045]

1 hour ago, J&S12 said:

I have researched and researched. I haven't found a CLEAR answer. If anyone knows, please tell me. Currently dealing with alot and a death in the family, so my brain doesn't click as quick as it should. 

 

My fiancé was refused at POE at DTW on the VWP,  being his first visit to the states.

They told him he didn't have enough money on him for the 90 days. (We were hoping to spend the summer together.) They also told him to come back with a K-1, as we were traveling together.

They interrogated him for 2 hours, then sent him back. His passport is stamped with Refused in accordance with INA section 217 R38024. 

 

On the DS-160 it asks, "Have you ever been to the United States?" What is the correct answer as he was refused? Thanks

He was never allowed to enter so he has never been here

Edited November 5, 2019 by payxibka

[J&S12 295]

Just now, payxibka said:

He was never allowed to enter so he has never been here

Thank you! That was my main concern. 

[aaron2020 11,651]

INA 217 means your fiance was refused entry on the VWP.

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

[SuznAaron 121]

8 minutes ago, aaron2020 said:

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

Yes this! My then fiance was also refused at POE with an ESTA. We were asked about it and it was "investigated" at his interview in London. He was also asked about it again at POE when he returned with the fiance Visa. It caused us no problems as we did disclose it. Just be honest about it. As mentioned it did not affect the K1 for us either.  

[SuznAaron 121]

31 minutes ago, J&S12 said:

My fiancé had an approved ESTA when we arrived from the UK to Detroit Airport June of this year. They separated us as soon as they heard the word fiancé and then refused him entry. They thought we were coming to the US to get married, him to work, and told him that if he would've had a K-1, he would've let him in. They sent him back home with an INA Section 217 R38024, which I know is for the ESTA. However, we're not sure what to answer on these questions. I've already done research and can't find the answer. Any help is appreciated.  

Technically you were refused admission to the US. 

[aaron2020 11,651]

2 minutes ago, SuznAaron said:

Technically you were refused admission to the US. 

Nothing technical about it.  Legally he was refused admission to the US.  

[payxibka 10,045]

8 minutes ago, SuznAaron said:

Technically you were refused admission to the US. 

Not technically but actually.   OPs question was never about that but about ever having been to the USA,  to which the answer is technically no 

Edited November 5, 2019 by payxibka

[J&S12 295]

21 minutes ago, aaron2020 said:

INA 217 means your fiance was refused entry on the VWP.

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

Thank you! We are planning on answering properly.  Just wasn't sure if him being inside DTW meant being in the US.

[J&S12 295]

10 minutes ago, SuznAaron said:

Yes this! My then fiance was also refused at POE with an ESTA. We were asked about it and it was "investigated" at his interview in London. He was also asked about it again at POE when he returned with the fiance Visa. It caused us no problems as we did disclose it. Just be honest about it. As mentioned it did not affect the K1 for us either.  

Thank you for sharing your experience!  I will let my fiancé know to expect being asked. We don't mind answering them. 

[Limey 551]

That's terrible that he was refused entry. Would be such an awful feeling to have that happen when you're looking forward to spending some serious time together.

 

It might be useful for others in future if you outline a little more about why he was refused (for example)

1) how much money did they consider insufficient for 90 days

2) did he have any ties to the UK he could point to as a proof that he'd return home

3) any questions/proofs they asked him for

These cases where people are refused on ESTA are relatively rare on here, and it would be good to get an idea of the types of things that can lead to this. I think there is a fair amount of bad luck here (ie catching a USCIS officer on a bad day)

[HRQX 4,145]

3 hours ago, Limey said:

I think there is a fair amount of bad luck here (ie catching a USCIS officer on a bad day)

*CBP

[SalishSea 17,837]

5 hours ago, Limey said:

That's terrible that he was refused entry. Would be such an awful feeling to have that happen when you're looking forward to spending some serious time together.

 

It might be useful for others in future if you outline a little more about why he was refused (for example)

1) how much money did they consider insufficient for 90 days

2) did he have any ties to the UK he could point to as a proof that he'd return home

3) any questions/proofs they asked him for

These cases where people are refused on ESTA are relatively rare on here, and it would be good to get an idea of the types of things that can lead to this. I think there is a fair amount of bad luck here (ie catching a USCIS officer on a bad day)

Actually, it is quite surprising that it doesn't happen more often.  Especially in light of all the people who apparently spontaneously decide to marry while visiting, and adjust status.

 

Most adults cannot afford to stay abroad for 90 days, unless they are retired.  And there is so much confusion about whether working online from within the US "counts" as working in the US, that increased scrutiny makes sense.