Impact of border denial on K-1

[Pei5001 0]

Do the consul officers have access to CBP records of previous denials (non-misrepresentation), or would they look into that during the application process?

[Crazy Cat 41,806]

Since Consulate Officers are the sole approval authority for visas, they have access to everything.  Inadmissibility is assessed during the interview. 

[appleblossom 2,437]

5 minutes ago, Pei5001 said:

Do the consul officers have access to CBP records of previous denials (non-misrepresentation), or would they look into that during the application process?

 

Yes, of course. If there was misrepresentation then is there a ban?

[Boiler 45,442]

Yes

[Pei5001 0]

Just now, appleblossom said:

 

Yes, of course. If there was misrepresentation then is there a ban?

There was no misrepresentation. We attempted to cross for the purpose of marriage but were turned back and told to go down the K-1 route.

[appleblossom 2,437]

3 minutes ago, Pei5001 said:

There was no misrepresentation. We attempted to cross for the purpose of marriage but were turned back and told to go down the K-1 route.

 

Sorry, I misread and thought you said it was misrep. Unlikely to be an issue then, you'll just need to declare it and be honest. 

Edited 19 hours ago by appleblossom

[Crazy Cat 41,806]

3 minutes ago, Pei5001 said:

There was no misrepresentation. We attempted to cross for the purpose of marriage but were turned back and told to go down the K-1 route.

I would certainly heed that advice.  However, it won't have an impact on a K-1 interview.

Edited 19 hours ago by Crazy Cat

[Pei5001 0]

1 minute ago, appleblossom said:

 

Sorry, I misread and thought you said it was misrep. Shouldn't be an issue at all then, you'll just need to declare it and be honest. 

Should it be documented in the application or should we wait until they ask about it?

[Crazy Cat 41,806]

8 minutes ago, Pei5001 said:

Should it be documented in the application or should we wait until they ask about it?

If asked in the application, you MUST answer truthfully.  Failure to do so could be seen as misrepresentation. 

 

Unless I missed it, I don't see any questions asking about entry denial on the I-129f.

Edited 19 hours ago by Crazy Cat

[Pei5001 0]

9 minutes ago, Crazy Cat said:

If asked in the application, you MUST answer truthfully.  Failure to do so could be seen as misrepresentation. 

 

Unless I missed it, I don't see any questions asking about entry denial on the I-129f.

Since there’s no questions asking about entry denial, is it necessary to attach an explanation letter? CBP only told me to get the fiancé visa next time I cross

[appleblossom 2,437]

13 minutes ago, Pei5001 said:

Should it be documented in the application or should we wait until they ask about it?

 

You'll be asked about it in the DS-160. 

[Crazy Cat 41,806]

11 minutes ago, appleblossom said:

 

You'll be asked about it in the DS-160. 

It should be a pretty simple matter to explain, don't you think? 

[NorthByNorthwest 346]

41 minutes ago, Pei5001 said:

Since there’s no questions asking about entry denial, is it necessary to attach an explanation letter? CBP only told me to get the fiancé visa next time I cross

 

Was it a formal denial with an I-877 issued, or just a voluntary withdrawal of your application for admission? A voluntary withdrawal still needs to be disclosed and explained on DS-260 but it's always good to be clear on the difference.

[Pei5001 0]

44 minutes ago, NorthByNorthwest said:

 

Was it a formal denial with an I-877 issued, or just a voluntary withdrawal of your application for admission? A voluntary withdrawal still needs to be disclosed and explained on DS-260 but it's always good to be clear on the difference.

It was a withdrawal of application for admission. I’m not sure if they did an I-877 because I didn’t get one on hand.

[NorthByNorthwest 346]

5 hours ago, Pei5001 said:

It was a withdrawal of application for admission. I’m not sure if they did an I-877 because I didn’t get one on hand.

 

I don't believe there would be an I-877 issued for voluntary withdrawal, and you don't need to mention it to other countries if they are just asking if you have ever been denied entry to any country since it is not a denial per se and it has no negative consequences by itself. There will however be a CBP encounter record showing the circumstances of why you chose to voluntarily withdraw, and the DS-160/260 specifically asks about it, and the circumstances will be considered when issuing a new visa.