Refused entry - AOS still possbile

[krautlaus 7]

Hi everyone!

I hope this is somewhat new to you. I tried the forum search but couldn't really find an answer to my question.

So here it goes - I was refused entry to the US earlier this year and am now filing for the K-1 (we pretty much just started everything). The immigration officer stated in my protocol that i was found inadmissable as an immigrant not in possession of an immigrant visa.

So now I just read the instructions when filing the I-485 for AOS and wonder if the follwing means that it all won't even work out...

10. Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of [...],

you are not eligible for adjustment ofstatus if any of the following apply to you:

A. You entered the United States in transit without a visa;

B. You entered the United States as a nonimmigrantcrewman;

C. You were not admitted or paroled following inspection of an immigration officer;

does condition C. really mean that I might be refused AOS??

Please help! Sometimes all this paperwork just really confuses me...

Thanks a lot!

[payxibka 10,045]

No, what that means is that you cannot adjust status unless you are inside the USA... so it cannot be done abroad...

Once you are admitted (inspected) with the K-1 visa then this part does not apply

[Krikit 1,164]

Lots of people have been denied entry but still had their visas approved. One thing you need to ensure at the interview is that the officer removes the flag in the computer which points to the denial because this may cause you some difficulty at future POE's. Assuming you are approved, of course. It all depends upon the reason you were denied. If the denial was due to not proving enough ties to your home country -- which it sounds as if that's what has happened in your case -- you should be okay.

[krautlaus 7]

Alriight. Thank you so much! At the interview with the Embassy?

They said since I was still living with my parents and just graduated from college, there was nothing to make me come back to Germany (even though I had a return ticket and everything...). Anyways, I'll keep my fingers crossed.

Thanks again.

[Otto 83]

The items you listed (from the I-485 instructions) won't apply to you when you enter on the K-1 visa. Page 1, section 3 would apply.

[Krikit 1,164]

Alriight. Thank you so much! At the interview with the Embassy?

They said since I was still living with my parents and just graduated from college, there was nothing to make me come back to Germany (even though I had a return ticket and everything...). Anyways, I'll keep my fingers crossed.

Thanks again.

Yes, the interview at the Embassy. That sounds like the "good" kind of denial which gets excused upon approval of the visa. Happens all the time, so not to worry.

[Ed+Cindy 1]

You will be fine. This happened to us too.

[krautlaus 7]

thanks a lot you guys! this is a big relief

[*Giuly and Rocky* 0]

Hey! i was denied entry too on 2007...they told me to aplly for a k1 visa before reentry! I apply, I was approved and now they just approved my AOS! When I came here the officer at the POE asked me about my denial but it wasn't a problem at all! It takes time but it will work out!! Good luck!