Needing a visa waiver

[jj202 0]

Hi all,

Does anyone have any experience with being told they need a visa waiver? My fiance was denied entry a few weeks before we applied for the K1 and they accused him of lying to the border officer. The officer said that he may no longer use the visa waiver program, but he is still eligible to apply for a K1 visa. However, I heard there is a possibility that at the interview they will tell him he needs some kind of a waiver. Does anyone know how this works? Does it take a long time to apply for? Or is there just some sort of a fee you pay?

Thank you!

[Zen Den 18]

Hi all,

Does anyone have any experience with being told they need a visa waiver? My fiance was denied entry a few weeks before we applied for the K1 and they accused him of lying to the border officer. The officer said that he may no longer use the visa waiver program, but he is still eligible to apply for a K1 visa. However, I heard there is a possibility that at the interview they will tell him he needs some kind of a waiver. Does anyone know how this works? Does it take a long time to apply for? Or is there just some sort of a fee you pay?

Thank you!

as far as i know, the vwp allows certain persons to enter the US w/out a visa. but if your fiance was told he can't use this anymore, chances are it's in his record too. so it's unlikely he will be told he needs it on the interview (it will be contradictory) and might even bring up the issue of his "lying" if he asks for it

read some more on the nvc.gov page.

[jj202 0]

Well, what I mean is, I know the fact that he got denied entry into the states won't affect him in getting a K1. However, they did deny him on grounds of lying, so I'm just wondering what he may encounter during the interview. Would he simply get denied? Or would there be some sort of waiver he would need at that point. I know I'm thinking way far ahead, since we just applied, but I'm trying to think of the worst case scenario.

[VanessaTony 3,567]

Well, what I mean is, I know the fact that he got denied entry into the states won't affect him in getting a K1. However, they did deny him on grounds of lying, so I'm just wondering what he may encounter during the interview. Would he simply get denied? Or would there be some sort of waiver he would need at that point. I know I'm thinking way far ahead, since we just applied, but I'm trying to think of the worst case scenario.

Why did they deny him? Was it for lying about immigration intent? or something more nefarious? If he was denied entry for immigration intent that's fine.

A waiver would be required if he has a ban from overstay, or if he's got a criminal record that bans him, or other such reasons. Being denied entry doesn't require a waiver.

[JimVaPhuong 4,863]

You need to find out if he was allowed to voluntarily withdraw his entry application, or was subjected to expedited removal. If he was allowed to voluntarily withdraw his entry application then he is not subject to a ban, and no waiver would be needed to reenter. If he was subjected to expedited removal then he was effectively summarily deported, and he's got a five year ban. An I-212 waiver would be needed to reenter.

[pushbrk 12,968]

You need to find out if he was allowed to voluntarily withdraw his entry application, or was subjected to expedited removal. If he was allowed to voluntarily withdraw his entry application then he is not subject to a ban, and no waiver would be needed to reenter. If he was subjected to expedited removal then he was effectively summarily deported, and he's got a five year ban. An I-212 waiver would be needed to reenter.

Correct, and if this were the case, there should be a code stamped on his passport. Lying to an CBP officer is a serious issue.

[jj202 0]

Well there is a code stamped on his passport, but when I looked it up it said it only had to do with the fact that he was denied entry. He admitted to wanting to marry and stay in the US. However, if he would have received some sort of a ban, wouldn't he know about it? Why would all the border officers reassure him a few times that he just needs a visa next time? I'm ordering the records from what was signed that day at the POE, but it will take a few months unfortunately.

[jj202 0]

Why did they deny him? Was it for lying about immigration intent? or something more nefarious? If he was denied entry for immigration intent that's fine.

A waiver would be required if he has a ban from overstay, or if he's got a criminal record that bans him, or other such reasons. Being denied entry doesn't require a waiver.

So getting denied for immigration intent shouldn't be a problem?

[pushbrk 12,968]

Well there is a code stamped on his passport, but when I looked it up it said it only had to do with the fact that he was denied entry. He admitted to wanting to marry and stay in the US. However, if he would have received some sort of a ban, wouldn't he know about it? Why would all the border officers reassure him a few times that he just needs a visa next time? I'm ordering the records from what was signed that day at the POE, but it will take a few months unfortunately.

What is the code. Denial for immigrant intent is not a problem.

[VanessaTony 3,567]

So getting denied for immigration intent shouldn't be a problem?

Exactly. Because immigrant intent is basically the purpose of a K1 visa so it's not a big deal at all. Happens all the time.

[jj202 0]

Thanks for the info!! I guess I'll find out more when we get those records. Hopefully it won't hinder the process!