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Meganelizabeth

OBTAINING K1 AFTER ENTRY REFUSED ON VWP

By Meganelizabeth in K-1 Fiance(e) Visa Process & Procedures

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Meganelizabeth Newbie

Meganelizabeth   0

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Filed: K-1 Visa Country: United Kingdom
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Posted (edited)

Hi VJ'ers

 

I recently got denied entry at detroit airport (24th may) . under section 217 R38024 I was denied entry due to abusing my VWP by intending to seek residency and for working illegally. Luckily i was given a slap on the wrist and put on a plane straight back to London being advised I cannot use ESTA again i need to obtain a Visa from the embassy in London. Me and my boyfriend are now filing for a K-1 Visa. We are about to send off our petition in the coming week. Please can anyone give any info on wether what happened in detroit will affect my chances of getting my K-1 visa? And if i obtain the visa will they refuse me at customs, is it likely?! The officer at customs said it would not affect my chances of obtaining the visa. Me and my boyfriend are in a bona fide relation of almost 2 years and I am a UK citizen. We also have an immigration attorney to help us through the process. 

 

As you can imagine we are both very stressed but trying to be pragmatic and hopeful about the situation and moving on from what happened.

 

Any advice or experience on this would be muchly appreciated. Thanks Guys!

Edited by Meganelizabeth
typos
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mallafri76
mallafri76

Why did you work on the VWP, it's for visiting purposes?! It's people like you, who ruin the VWP for everyone else who just wants to use it to visit. You're lucky all you got was a slap on the wrist.

A'n'L
A'n'L

You were denied entry as a visitor because you wanted to seek residency. You won't be denied for that reason with the proper (immigrant intent allowed) visa.

Jordan8768
Jordan8768

If the border officer said it wouldn't effect your chances then it won't effect your chances!

Scandi Mentor

Scandi   3,970

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It will not affect your chanses to get a K-1 visa.

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Meganelizabeth Newbie

Meganelizabeth   0

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Filed: K-1 Visa Country: United Kingdom
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10 minutes ago, Scandi said:

It will not affect your chanses to get a K-1 visa.

 

Thanks Scandi

 

Do you think they would use it (my denied entry) against me at customs even if i have obtained the visa?

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A'n'L Proficient

A'n'L   735

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You were denied entry as a visitor because you wanted to seek residency. You won't be denied for that reason with the proper (immigrant intent allowed) visa.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Jordan8768 Collaborator

Jordan8768   107

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Filed: AOS (apr) Country: United Kingdom
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If the border officer said it wouldn't effect your chances then it won't effect your chances!

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Boiler Grand Master

Boiler   43,422

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Filed: K-1 Visa Country: Wales
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Consulate could accuse you of misrep, why did they think you were working?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Suss&Camm Experienced

Suss&Camm   2,213

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Filed: Lift. Cond. (apr) Country: Sweden
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Posted (edited)

I agree with previous posters - the vwp entry denial is not a reason why a K1 would be denied entry at all. You might very well be asked about it during your K1 interview, but only for information purposes at which point just be honest, cause it is not a reason for you to be denied a K1. You'll also need to answer truthfully about it on the ds-160 of course. The only thing that would trip you up (unless you have other issues) would be if you attempted to to not be truthful about it at any time during your K1 or immigration process. It would be the lie in itself that would do that, not the event. Don't worry :)

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Meganelizabeth Newbie

Meganelizabeth   0

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Filed: K-1 Visa Country: United Kingdom
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3 minutes ago, Boiler said:

Consulate could accuse you of misrep, why did they think you were working?

Some Messages on my phone. They went through it. (I had been working). I then told them the truth when asked about it.

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Boiler Grand Master

Boiler   43,422

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Filed: K-1 Visa Country: Wales
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1 minute ago, Meganelizabeth said:

Some Messages on my phone. They went through it. (I had been working). I then told them the truth when asked about it.

It is unlikely that they would hit you with misrep, not impossible and no way to find out in advance. Being refused entry by itself is not an issue and sounds like you were allowed to withdraw your application for entry which is a positive.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted

Did they let you withdraw your application for admission?

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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mallafri76 Experienced

mallafri76   1,012

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Filed: IR-1/CR-1 Visa Country: Sweden
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Why did you work on the VWP, it's for visiting purposes?! It's people like you, who ruin the VWP for everyone else who just wants to use it to visit. You're lucky all you got was a slap on the wrist. And you're going through an easy embassy, so I doubt you'll have any issues with it. 

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Suss&Camm Experienced

Suss&Camm   2,213

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Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted (edited)
8 minutes ago, Meganelizabeth said:

I don't know.. how would I find that out?

 

Did you sign a i-275?

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Meganelizabeth Newbie

Meganelizabeth   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
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Posted
3 minutes ago, Suss&Camm said:

Did you sign a i-275?

I'm not sure, the only thing I have a copy of is the transcript of my questioning regarding my application for admission

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Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
2 minutes ago, Meganelizabeth said:

I'm not sure, the only thing I have a copy of is the transcript of my questioning regarding my application for admission

Did they stamp your passport?

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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