Denied entry how can that effect K1 application?

[krystiandjon 0]

Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!

[Stinky Monkey 1]

Yes if you do get through undetected you can marry, however this is visa fraud and not the way to go, and could cause problems later on with AOS if they think you entered the country with the intention of getting married on the VWP

If you were just turned away at POE and not deported then this will have no effect on your K1 petition.

Good luck with your legal journey

[YuAndDan 153]

Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!

This is what the K-1 is for, if you use VWP or a visitors visa to do this then it is visa fraud. K-1 has immigrant intent, VWP does NOT.

Being denied entry on VWP or as a visitor due to immigrant intent has no effect on the K-1 visa petition or interview.

Similar question asked earlier. http://www.visajourney.com/forums/index.ph...=168250&hl=

[pushbrk 12,162]

Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!

There are three possibilities.

1. You are denied entry.

2. You are successful at committing visa fraud.

3. You are caught after attempting to adjust status, deported for visa fraud and banned from entering the USA for up to life.

I'd say your outcome was one of the better ones.

[krystiandjon 0]

Hi there!

Well we submitted back in late July and got our NOA1 in early August. We have recently recieved 2 touches. Dec 16 and 17. Now what worries me is that we haven't received a NOA2 yet, which wouldn't ordinarly bother us to much, except for back in June, when I tried to enter the States I was denied access. Now I know this is going to sound stupid. But actually were entering in order to get Married. We had a wedding planned, family were coming everything had been taken care of! We unfortunately didn't do our research properly and after reading on the net that you could enter the states get married and then apply for permanent residence. We also had a immigration laywer confirm that. So alas that is the route we took and got caught out! Now the officers at the point of entry were very nice and didn't deport me because of it. they just said that I would now have to apply for the K1 visa. They said it wouldn't be a problem. As well as our lawyer. they both said that this type of thing is quite common. The worst part is that our lawyer is currently helping a couple who did just this and are now in the states waiting for their green card! Apparently if you make it through undetected on a waiver visa you can actually do this. I also read of a case of this on the net somewhere too! But still I worry! Is there anyone out there that could shed some light and let me know if they have had a similar situation or if you know what influence this could have on our application. Is it possible that this is why there have been touches and nothing since? Please help!

This is what the K-1 is for, if you use VWP or a visitors visa to do this then it is visa fraud. K-1 has immigrant intent, VWP does NOT.

Being denied entry on VWP or as a visitor due to immigrant intent has no effect on the K-1 visa petition or interview.

Similar question asked earlier. http://www.visajourney.com/forums/index.ph...=168250&hl=

Thanks! It really does take a load off your mind!

I was definitely denied and not deported! They did ask me a lot of questions and I was given a copy of the transcript of my "interegation" I was open and honest with all their questions. They said I'd have a file and that I would need that transcript for my application. Our lawyer sent it in, so as to be totally clear as to all that had happened. So the USCIS has a copy of my papers plus of course access to my case filed by the Cleveland airport security. I prsume this is the delay after the touches! Good to know that this won't have any influence!

Thanks for all the replies! Much appreciatted!!!

[panterchen 1]

I have heard of cases in Germany where the interviewer was asking particulary about this situation and why, how etc. They had to file a certain type of waiver after the interview. Things got delayed a few weeks, but they did not get denied for the K1.

So be prepared that this might come up if they have the info in their computers. Stay honest, and I don't think you should have trouble.

[KimandRuss 0]

They don't call it 'denied entry'... they politely call it 'an opportunity to withdraw your petition to enter the U.S.' No waiver is needed. If one was needed at another Consulate then most likely there was something more going on...perhaps a previous overstay..or deportation.

Same thing happened to us in September of 2007...and may others. We simply included a copy of the deposition with our initial petition and discussed it briefly at the interview. Other than more time apart..oh and forgetting to take him out of the system's watch list, and delaying him for about 20 minutes once he did actually enter on his K-1..there were no problems.

The bad news is...visiting again is unlikely ... the good news is.. you already have your A#