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

[payxibka 10,045]

1 minute ago, Jorgedig said:

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.

Any unauthorized work by a spouse is ignored, so that is a moot issue 

[JFH 12,190]

I also know someone who was refused entry on the VWP at Detroit - he was also from the UK. I made over 40 VWP visits before immigrating and not once was I refused. Interestingly I never went through Detroit... Could be a connection there.

 

Coming for the full 90 days on a first visit is what the two Detroit cases I’ve seen had in common. It would suggest that the visitor had no real job back home and no huge commitments. 

 

You mentioned that they suspected you would marry. That in itself is not against the rules. Intending to stay when arriving on the VWP is absolutely against the rules. The two don’t necessarily go hand in hand. 

11 minutes ago, payxibka said:

Any unauthorized work by a spouse is ignored, so that is a moot issue 

But they were not spouses when he arrived and no guarantee that they would become spouses. 

[J&S12 295]

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)

Thank you. It was a nightmare. 

They didn't state an amount. He had his debit card. 

Again, they thought we were getting married. One officer told him he would've let him in, but his lady supervisor outright said no. He then told him to get a K-1 and he would be let in. 

Not a good experience, period, but it led us to applying for the K-1. 

[payxibka 10,045]

8 minutes ago, JFH said:

 

But they were not spouses when he arrived and no guarantee that they would become spouses. 

Please don't take it out of context,  if you actually take the time to read the post I quoted and was replying  to.   Let me copy it for you to read again.  

 

"Especially in light of all the people who apparently spontaneously decide to marry while visiting, and adjust status."  ...

 

 

 

 

Edited November 6, 2019 by payxibka

[SalishSea 17,829]

19 minutes ago, payxibka said:

Any unauthorized work by a spouse is ignored, so that is a moot issue 

Still not allowed on VWP/B-2.

[payxibka 10,045]

Just now, Jorgedig said:

Still not allowed on VWP/B-2.

Never said it was allowed,  just said it will be ignored when adjusting status 

[Richard Purves 58]

Visiting the US for a long period of time isn't the only thing that will cause flags to raise. I personally in 2015 did a 78 day trip around the USA with a small suitcase, a laptop bag, an empty credit card and a return flight booked. CBP officer asked how long I'd be there, did a double blink and when I explained I'd been in Saudi for six months and was travelling by Amtrak and going home in December I got a "That's awesome, welcome.".

 

The fact you were intending to spend the entire 90 days in one sitting, the fact you mentioned fiancee and the perceived lack of finance is what set them off. Also, did you have a return flight booked? You should have been asked that, and if you didn't have one well they will jump to the obvious conclusion.

[Izor 79]

I love how everyone keeps answering why he got denied, when she never asked about that. The original question was answered in the first post, lol. 

[Dashinka 24,499]

16 hours ago, J&S12 said:

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

Until you pass CBP, you are not legally in the US even though you are in the building. 

[Dashinka 24,499]

8 hours ago, J&S12 said:

Thank you. It was a nightmare. 

They didn't state an amount. He had his debit card. 

Again, they thought we were getting married. One officer told him he would've let him in, but his lady supervisor outright said no. He then told him to get a K-1 and he would be let in. 

Not a good experience, period, but it led us to applying for the K-1. 

Actually, they thought you would get married and he would stay.  It is legal to come to the US get married and leave.  Aside from that, sorry you had that experience. 

 

Good Luck!

[Soon To Be Mrs. T 150]

28 minutes ago, Izor said:

I love how everyone keeps answering why he got denied, when she never asked about that. The original question was answered in the first post, lol.

It's sad how some are even pretty harsh towards OP.

Edited November 6, 2019 by Soon To Be Mrs. T

[Carpe Vinum 2,327]

2 hours ago, Izor said:

I love how everyone keeps answering why he got denied, when she never asked about that. The original question was answered in the first post, lol. 

 

2 hours ago, Soon To Be Mrs. T said:

It's sad how some are even pretty harsh towards OP.

It is the VJ way)))

[Soon To Be Mrs. T 150]

18 minutes ago, boris64 said:

 

It is the VJ way)))

But. But. But we're supposed to be one big happy family! 🤣

[J&S12 295]

6 hours ago, Izor said:

I love how everyone keeps answering why he got denied, when she never asked about that. The original question was answered in the first post, lol. 

Thank you!! Hence why I stopped replying about it. My ORIGINAL question was ANSWERED.

We KNOW what they suspected and got denied for. I don't need anyone to tell me that part.