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Mrs5k

Refused entry on VWP

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Filed: Other Country: United Kingdom
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Hi everyone,

On a recent trip to the US I was denied entry on the VWP because I was "abusing" it and was told that I would need to apply for a tourist visa to come back again. That's fine but my question is, how likely is it that I would be given a tourist visa? Me and my fiance are planning on starting the K-1 visa process soon and surely if I was denied a tourist visa this would cause problems in terms of me successfully moving to the US? I just want to be able to visit my fiance for 2 weeks or so during the K-1 process as we all know this can take a very long time. Please let me know what you all think.

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Refused entry under VWP, or a denial in a tourist visa application, won't have any bearing on a K-1 or CR-1 process unless those denials were due to a reason that would also be relevant to a K1/CR-1 process - such as a conviction of a crime, for example. K-1 and CR-1 visas are specifically meant for foreigners who are planning to marry, or married to, US citizens and want to move to the US permanently, so unless the marriage is a hoax, you can't really plan to abuse K-1 or CR-1 visas.

However, being issued a tourist visa with a pending K-1 application is tricky, and with a VWP denial even trickier for you. There's no way to know for sure what the outcome would be except for you to apply for the B2 and see how it goes. It won't hurt, besides costing you time and some money.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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One thing to consider is that if you apply and are denied a B2 visa, you will not be allowed to use the VWP program ever again. Not sure if that's relevant considering you were denied VWP entry once already, but I want to throw that out there just in case.

When my (now) husband applied for B2, he did it without knowing about denial cancelling VWP privileges. Thank God he was approved, but if we had known about that risk before applying for B2, he probably wouldn't have done it.

Best of luck to you, Mrs5k! :)

AOS from Marriage on B2 ~ Full & Detailed Timeline in My Profile

  • Married in Las Vegas - 5.11.11
  • Greencard received - 11.18.11
  • Removing of Conditions - package mailed 10.9.13
  • Greencard received - 1.23.14
  • Naturalization - package mailed 4.26.16
  • Oath ceremony - 3.28.17
  • Petition Alien Relative (Father Abroad) - package mailed 7.14.17
  • Check cashed - 7.21.17
  • NOA1 (I-797C receipt dated 7.18) received - 7.27.17
  • NOA2 (approval, dated 1.31) received - 2.5.18
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Filed: Other Country: United Kingdom
Timeline

Thank you for your help. Yes I have been told that I can't use the VWP again which is fine I think I've finally dealt with that fact lol I was just wondering if a denial for a tourist visa effects the K-1. Best of luck to you too! :)

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Filed: Citizen (apr) Country: Canada
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Nope, it won't. I know from personal experience that a denial won't affect it if you disclose it and are truthful when asked about it

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

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Waited...

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October 16, 2015 - US Citizen

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  • 2 years later...
Filed: Other Country: United Kingdom
Timeline

Hi everyone,

On a recent trip to the US I was denied entry on the VWP because I was "abusing" it and was told that I would need to apply for a tourist visa to come back again. That's fine but my question is, how likely is it that I would be given a tourist visa? Me and my fiance are planning on starting the K-1 visa process soon and surely if I was denied a tourist visa this would cause problems in terms of me successfully moving to the US? I just want to be able to visit my fiance for 2 weeks or so during the K-1 process as we all know this can take a very long time. Please let me know what you all think.

With this thread in mind,

http://www.visajourney.com/forums/topic/477695-re-entering-the-usa-after-a-90-day-stay/#entry6786673

Can you please be more specific as to your "abuse" of the system, and tell me if you think the same might happen to me?

Thanks

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Filed: K-1 Visa Country: Wales
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The likelihood is low but you gave very little information.

“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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With this thread in mind,

http://www.visajourney.com/forums/topic/477695-re-entering-the-usa-after-a-90-day-stay/#entry6786673

Can you please be more specific as to your "abuse" of the system, and tell me if you think the same might happen to me?

Thanks

This thread is 2 years old. I don't think this person is around to answer you. Stick to your own thread. :thumbs:

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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