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Posted

Everyone's case and POE is different. One person could fly in while a K1 is pending and be let in and another person could be denied. Upto the POE officer isnt it. Personally i wouldnt like to take the risk on entering while my K1 is pending. I'd rather just wait the 6-8 months to get the visa or get my fiance to come and visit.

beach_1_001.jpg
Filed: K-1 Visa Country: Scotland
Timeline
Posted

While this is opened up and half relevant guys, I need to ask because I'm flying to see my SO (my Scottish guy) in about a month.

I'm the USC going into Scotland, we have the NOA2 and packet 3 will have been sent off by then, so:

Am I going to have any problems getting into the UK? I didn't know if the USC also had to provide evidence of "ties" to home, even though that doesn't really make sense since obviously trying to get him over here, not vice versa :P

But it could be a problem if I do need "ties" because I will have just graduated college and won't have a job yet at all, it's going to very much be a transitional no-ties-at-the-moment time :blush:

Summer 2001 - met my Scottish boy

December 18th, 2007 - proposal in Madrid's Botanical Gardens with a duck standing behind him going 'food?'

January 18th, 2008 - I-129F sent to VSC

January 31st, 2008 - received NOA1, issued Jan. 24 :)

February 24th, 2008 - NOA2; omgwtfbbqlolz

February 29th, 2008 - NVC letter sent

Posted
While this is opened up and half relevant guys, I need to ask because I'm flying to see my SO (my Scottish guy) in about a month.

I'm the USC going into Scotland, we have the NOA2 and packet 3 will have been sent off by then, so:

Am I going to have any problems getting into the UK? I didn't know if the USC also had to provide evidence of "ties" to home, even though that doesn't really make sense since obviously trying to get him over here, not vice versa :P

But it could be a problem if I do need "ties" because I will have just graduated college and won't have a job yet at all, it's going to very much be a transitional no-ties-at-the-moment time :blush:

Return ticket should be fine. Its your fiance who may have problems getting in the US as your filing the K1. You going to the UK dosnt hamper it at all. Is this your first trip to the UK

beach_1_001.jpg
Filed: K-1 Visa Country: Scotland
Timeline
Posted (edited)

Thanks for the reply :) I know people go to visit their SOs all the time, but I just wanted to make sure. Especially always before I've gone straight to Edinburgh and this time going to London, so might look suspicious just that I deviated for the first time in five years and big scary new airport :P

Nah man I've been tons I love it. Really going to miss getting to be there for weeks or months at a time since we probably won't have the money to visit too often once Iain gets over here. It kind of totally beats the US imo but what can you do :D

Kind of weird I see you're in Scotland too AND your SO's local office is Charleston, I'm going to the College of Charleston. We're all parallel :D

Edited by SnowyTater

Summer 2001 - met my Scottish boy

December 18th, 2007 - proposal in Madrid's Botanical Gardens with a duck standing behind him going 'food?'

January 18th, 2008 - I-129F sent to VSC

January 31st, 2008 - received NOA1, issued Jan. 24 :)

February 24th, 2008 - NOA2; omgwtfbbqlolz

February 29th, 2008 - NVC letter sent

Filed: K-1 Visa Country: England
Timeline
Posted

If anything, I always assumed having a K1 in process shows excellent ties to return to the US. Having paperwork to show that you are applying to marry in the US shows that you DO intend to leave and get married outside the UK, and therefore leave the UK when you say you are going to. My fiance even had all his documents for his I-134 for my interview when he came over 2 weeks ago on him when he went through POE.......if questionned he could just have just produced the documents and said 'here is proof that my fiance has an interview at the US embassy to move over to the US with me, therefore proving that I am only visiting'.

Hope you enjoy the trip. I was up in Edinburgh last month and it was LOVELY. Half my family are from the Edinburgh area so theres always a perfect excuse to go up and visit (even though last time it was freezing :lol:

My K1 Timeline

06 09 2007 I-129F sent to VSC

08 09 2007 I-129F received by VSC

11 09 2007 NOA1

13 09 2007 Check cashed

16 01 2008 NOA2 (126 days since NOA1)

31 01 2008 Packet 3 received

06 03 2008 Packet 3 sent to Embassy (I took my sweet time gathering documents)

14 03 2008 Packet 4 Received

09 04 2008 Interview APPROVED

18 04 2008 Visa in hand :0)

22 07 2008 POE JFK (EAD stamp given without even asking)

02 08 2008 Wedding

AOS

18 08 2008 AOS sent

21 08 2008 AOS received at Chicago lock box

11 09 2008 Biometrics

25 09 2008 Case transfered to CSC

Filed: K-1 Visa Country: Sweden
Timeline
Posted
While you were in the US for 11 months, did you renew the visa that allowed you entry? If not, you indeed overstayed. Otherwise it is strange they would deny you entry later; but since they did, there is that question-- did they give you reasons for the denial?

I had the B1/B2 visa! What they told me last time I tried to go back was that I had to stay in my country longer than 12 months because I was in USA for 11 months!

The right question is, did you get an extension to stay passed the date stamped on the I-94? For what I know (and have experienced every time I've traveled to the U.S.) the longest you are allowed to stay when using a B1/B2 visa is 6 months. If you stayed 11 months you had to apply for an extension (permission to stay longer than 6 months). If not you did not apply for an extension, you overstayed.

There is a difference between the validity of the I-94 and the validity of the B1/B2 Visa. The I-94 is the form that establishes the basis of your admission into the U.S. and says how long you can stay in the U.S. (it is stamped by the POE officer after you are admitted into the U.S.) Visa is the document that allows to travel to the U.S. and can be valid up to 10 years. The validity of the I-94 is different that the validity of the Visa itself. You can't stay in the U.S. after the date stamped on the I-94, eventhough your visa is or might be still valid. For example, my tourist visa is good for 10 years that does not mean I can stay 10 years with that visa in the U.S. :no:

POE officers would question your intent if they notice you've spent more time in the U.S. than in your home country for the last year. When did you go back home? If it has not been a year since you went back, I suggest you don't make this trip yet. And also, I suggest you find out if you did overstay, if you did not file for an extension most likely you did overstay.

Read this information: Duration & Extension of Stay in the U.S.

Hi you!

Yes I did get a extension for another 6 month’s! So I never OVERSTAYED in USA.

The poed officers in Miami told me the same thing that you mention before, that I have to spend more time in my country!

The last time I tried to enter USA was 14 month’s ago!

I’m just so confused because I hear deferent things all the time!

The other thing is, Will this affect my K1?

Thank you sooooo much for all the help!

2008-05-06 I-129F sent

2008-05-10 Delivered to NVC 3:12pm

2008-05-20 NOA1

2008-05-23 Touched

2008-06-26 Touched

2008-06-27 Touched

2008-09-07 NOA2

2008-09-11 Received at NVC

2008-09-12 Left NVC

2008-09-18 Consulate received

2008-09-25 Pkt3 Received

2008-09-28 Pkt3 Returned

2008-09-30 Pkt4 Received

2008-10-09 Interview

2008-10-13 Medical

2008-10-24 Visa Received

2008-10-30 Fying home to my Jonathan

Posted
While you were in the US for 11 months, did you renew the visa that allowed you entry? If not, you indeed overstayed. Otherwise it is strange they would deny you entry later; but since they did, there is that question-- did they give you reasons for the denial?

I had the B1/B2 visa! What they told me last time I tried to go back was that I had to stay in my country longer than 12 months because I was in USA for 11 months!

The right question is, did you get an extension to stay passed the date stamped on the I-94? For what I know (and have experienced every time I've traveled to the U.S.) the longest you are allowed to stay when using a B1/B2 visa is 6 months. If you stayed 11 months you had to apply for an extension (permission to stay longer than 6 months). If not you did not apply for an extension, you overstayed.

There is a difference between the validity of the I-94 and the validity of the B1/B2 Visa. The I-94 is the form that establishes the basis of your admission into the U.S. and says how long you can stay in the U.S. (it is stamped by the POE officer after you are admitted into the U.S.) Visa is the document that allows to travel to the U.S. and can be valid up to 10 years. The validity of the I-94 is different that the validity of the Visa itself. You can't stay in the U.S. after the date stamped on the I-94, eventhough your visa is or might be still valid. For example, my tourist visa is good for 10 years that does not mean I can stay 10 years with that visa in the U.S. :no:

POE officers would question your intent if they notice you've spent more time in the U.S. than in your home country for the last year. When did you go back home? If it has not been a year since you went back, I suggest you don't make this trip yet. And also, I suggest you find out if you did overstay, if you did not file for an extension most likely you did overstay.

Read this information: Duration & Extension of Stay in the U.S.

Hi you!

Yes I did get a extension for another 6 month’s! So I never OVERSTAYED in USA.

The poed officers in Miami told me the same thing that you mention before, that I have to spend more time in my country!

The last time I tried to enter USA was 14 month’s ago!

I’m just so confused because I hear deferent things all the time!

The other thing is, Will this affect my K1?

Thank you sooooo much for all the help!

On this matter, your never going to get a positive yes or no answer whether the officer will let you in or not. Its the discretion of the officer at the POE who has the final say. If your going to attempt to enter, i would take as much proof you possibly have that you have ties in your country. As to having an effect on your K1 i woulnt think it. Worse case scenario would be that will be turned back on the next plane. Maybe someone else can correct me on that if i am wrong.

beach_1_001.jpg
Filed: Citizen (apr) Country: Guatemala
Timeline
Posted

Being turned back at the POE when entering with a B1/B2 will have no negative effect on your K-1 process.

I'd think that if more than a year has passed by, and you have enough proves to show strong ties to your home country, you should be fine. I have to agree with William Wallace, there is no guarantee that they will admit you or not.

Do they put a denial stamp or something during your previous trips, when you were turned back?

I entered the U.S. last december on a B1/B2 and brought lots of documents with me: employment letter, bank statements, professional I.D., I also brought our NOA2. I was not asked to show any document at the POE. and was granted 6 months to stay in the U.S. But I have never stayed in the U.S. longer than 1 month, as I always have to come back to work.

Keep us posted, if you decide to give it a try. Good luck :)

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

Filed: K-1 Visa Country: Sweden
Timeline
Posted
Being turned back at the POE when entering with a B1/B2 will have no negative effect on your K-1 process.

I'd think that if more than a year has passed by, and you have enough proves to show strong ties to your home country, you should be fine. I have to agree with William Wallace, there is no guarantee that they will admit you or not.

Do they put a denial stamp or something during your previous trips, when you were turned back?

I entered the U.S. last december on a B1/B2 and brought lots of documents with me: employment letter, bank statements, professional I.D., I also brought our NOA2. I was not asked to show any document at the POE. and was granted 6 months to stay in the U.S. But I have never stayed in the U.S. longer than 1 month, as I always have to come back to work.

Keep us posted, if you decide to give it a try. Good luck :)

Thank you so much!

They canceled my B1/B2 visa! At that time I had a Portuguese passport because I’m Portuguese. they asked me way are you traveling with a Portuguese passport if you live in Sweden? And I tried to explain that I have being living in Sweden for 15 years and that I have the right to keep my Portuguese citizenship. So now I have a new Swedish passport!

I should be able to travel under the waiver program! And I’m traveling with my family!

I do have everything else but not a job at the moment!

2008-05-06 I-129F sent

2008-05-10 Delivered to NVC 3:12pm

2008-05-20 NOA1

2008-05-23 Touched

2008-06-26 Touched

2008-06-27 Touched

2008-09-07 NOA2

2008-09-11 Received at NVC

2008-09-12 Left NVC

2008-09-18 Consulate received

2008-09-25 Pkt3 Received

2008-09-28 Pkt3 Returned

2008-09-30 Pkt4 Received

2008-10-09 Interview

2008-10-13 Medical

2008-10-24 Visa Received

2008-10-30 Fying home to my Jonathan

  • 2 months later...
Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

Yes old thread but thats a good point Dairy Farmer... even tho that's where my SO was denied entry it's probably the safest bet here just in case.

Do they put a denial stamp or something during your previous trips, when you were turned back?

This was the question that really needs answer here.

From DHS...

Q: When Must I Obtain a Visa Instead of Using the VWP?

A: If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

You need to be sure you are allowed to travel on the VWP after having your B cancelled. I'm not sure how it works when another visa is cancelled but I know that my SO can no longer use the VWP...doesn't matter how long he waits. He was questioned, had to go through administrative proceedings at the airport. He was refused entry and his passport was stamped for being inadmissible to the U.S. under the VWP as an intended immigrant. INA Section 212 (a) It also clearly states that he can not enter unless he has another valid visa but was told it would be extremely difficult to get one because he's already shown intent.

My guess would be that anyone who has been refused entry as an intended immigrant on any visa would not be able to use the VWP. You should check with the US Embassy to perhaps safe yourself some hassle at the border.

timeline.jpg

Filed: Citizen (apr) Country: Guatemala
Timeline
Posted (edited)
Yes old thread but thats a good point Dairy Farmer... even tho that's where my SO was denied entry it's probably the safest bet here just in case.

Do they put a denial stamp or something during your previous trips, when you were turned back?

This was the question that really needs answer here.

From DHS...

Q: When Must I Obtain a Visa Instead of Using the VWP?

A: If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

You need to be sure you are allowed to travel on the VWP after having your B cancelled. I'm not sure how it works when another visa is cancelled but I know that my SO can no longer use the VWP...doesn't matter how long he waits. He was questioned, had to go through administrative proceedings at the airport. He was refused entry and his passport was stamped for being inadmissible to the U.S. under the VWP as an intended immigrant. INA Section 212 (a) It also clearly states that he can not enter unless he has another valid visa but was told it would be extremely difficult to get one because he's already shown intent.

My guess would be that anyone who has been refused entry as an intended immigrant on any visa would not be able to use the VWP. You should check with the US Embassy to perhaps safe yourself some hassle at the border.

Your guess is right :)

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler....

Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.)...
Visa Waiver ProgramI believe that the OP's answer to the question if they put a stamp was that they cancelled her B1/B2. So the only option to try to enter the U.S. again in her case would be to apply for a new B1/B2. I have no idea what the chances are of getting new B1/B2 if your previous one was cancelled.

It would be great if we could have an update on this case.

Edited by eric_and_teresa

APPLIED FOR NATURALIZATION 07/2021

08.01.2011 - I-751 SENT

08.05.2011 - Check cashed

08.08.2011- NOA Received

08.19.2011 - Biometrics Letter Received

09.12.2011 - Biometrics Appointment

01.27.2012 - Card production ordered

02.01.2012 - 10 year GC Received

07.25.2021 - N400 filed online

08.09.2021- Biometrics re-use notice

04.18.2022- Interview done at Minneapolis USCIS Local Office   ✔️ Received N-652 "Congratulations your application has been recommended for approval" during the interview.

05.19.2022- Oath Ceremony in MN

 
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