OK, am getting nervous...my fiance has his interview in a week and he has a criminal record of fighting NS i m not sure if he will need a waiver, but if he does, we will do that...BUT my question is...if he is denied until we get the waiver, can he still cross the border to come visit me? I can't handle it if not....Does anyone know?

please tell us...

smallcan999

Hi friend

I can tell you that I can't visit my fiance in us because I am the person who need a I-601 form completed first.
I can't just go and give him a visit on a normal passport because of my intentions with my fiance.
It's 2 years ago I visit him last time.
I don't know about your situation as well.
Did you see my other responses to you?

Sweetie

If a denial after K1 visa he can't visit you for sure

Canada does nnot need visa's to come and visit, so does that still apply?

smallcan999

I dont know as a fact, but i wouldnt think that a denial would mean one could never again visit the USA!! Jusat doersnt sound right. Best to ask Zyggy or neiks on this subject.

Just because you do not need a visa does not prohibit the POE from denying entry. There have been several reported "turnbacks" reported by Canadians for various reasons.

Yes the Officer at the POE can refuse entry as fawaguy mentioned.

Yes one can always be denied,thats a given. one doesnt have to have a k1 or any type of marriage visa to be denied!! cdns probably have it easier than most others though. All I was stating was that just because one has been denied a K1 visa, doesnt mean ur barred for life!!

I would agree that there wouldn't be an absolute ban on visiting, but you might have a hard time convincing the officer at the POE that you were actually going to go back.

And I'm not sure what the crime of "fighting" is, but maybe it won't require a waiver -- have you guys researched the waiver issue? I thought that waivers were generally required for people who wouldn't even be able to come visit the U.S., let alone move to the U.S., because of their issue in the first place. But I really don't know much about waivers.

I hope his interview goes smoothly and all the worrying will be for nothing

Thank you soo much for all your support. I too hope that we won't get denied and all the worrying is for nothing. My finace is telling me the same thing. "relax and lets take this one step at a time and see what happens"....So I guess I better. I will say that my finace has never been denied entry to the US and he has been here 10 times since April of 2006 and he was here in 1998 or 1999 so I am hoping that is a good sign......


smallcan999

Flames, I have heard in VJ that some people got denied because of their criminal record....My fiance has not so is this because it depends on the crime?

smallcan999

If he has had a criminal record then he wil lrequire fingerprinting, which can take awhile. No clue on Waivers.

That would depend on why the visa was denied.. if the visa was denied due to inadmisability of an alien to a their having comitted a crime or moral turpitude.. then yes... a denial of the visa does result in a denial of entry into the US until the inadmissibility is removed. Just because he was let in the past means nothing.. he still could be inadmissible, but if CBP doesn't know about the crime that can't make that determination.

For Canadian Citizens this is done by applying for a Border Crossing Card at a POE.

To determine if the offense your fiancee committed is considered a crime of moral turpitude, you have to give us a lot more information on the crime...

To the OP:

Have you consulted an attorney at all during this process? I know it is really late now, but there was an immigration attorney in Concord (Susan Goff) who I spoke to way back when I first began this process. She gave me some general info. over the phone and was actually pretty helpful at the time. She may at least be able to clarify the waiver issue for you.
Good luck and try not to stress ALthough it is pretty ironic that I am saying that since I was a basket case a few days ago !