Previous refusal of entry, current K1 app

[geepy 0]

After 6 weeks of waiting for a response to our RFE at VSC I'm starting to get very stressed, especially as I am seeing other people have been getting a response within 10 days. The reason I am so stressed is I have a complicated background.

I was refused entry into the US 3 years ago. I was then married to a USC who had moved back home from the UK, and basically I attempted to enter the US on the VWP, when it was a spousal visa I needed. I panicked when I was questioned, and initially I said I wasn't intending to stay, which was suggested by a lawyer who clearly gave some bad advice. This was of course very stupid and not like me at all (I'm a rubbish liar), I've been beating myself up about this for 3 years so no comments needed on that point.
Fast forward 3 years, my divorce from the previous marriage is final and my current Fiancé (USAF, we met in Germany) put in our petition in October last year. We have been apart for two years which as many of you will know is very difficult (he was then stationed to the US), he has visited me a few times but I have been unable to visit him. With his job he cannot move here, so the only way to be together is for me to move to the US.

I am posting for a few reasons.

1. We are following every requirement needed for this visa application, we are legitimate and although we don't have much evidence in the form of shared bank statements or accommodation etc, we have tonnes of evidence in the form of emails and Skype conversations (yes I know London isn't really interested in this stuff). Is it possible our visa application will be denied based solely on my previous refusal at port of entry? And how likely is this to happen?

2. Will my past be affecting our petition application at the VSC? Or could it be something else that is making the wait so long? (They do say we will get a response to the RFE within 60 days, which we are still within).

3. If we are denied for whatever reason, does anybody know of other options we may have, bearing in mind he can't move here while he stays in the AF? I did read somewhere that getting married elsewhere and applying for a spousal visa might be a bad idea (I forget where and why).

These questions are probably just silly ones, but I'm going out of my mind with worry and stress and any insights would be greatly appreciated.

[canadian_wife 1,831]

Was a simple denial of entry? They didn't accuse you of misrepresentation or anything correct?

I was denied entry twice before we filed for the spousal visa, the IO joked about it during our interview and that was it.

As long as you are honest about, about your denial and your previous marriage, then it shouldn't be a problem.

If you are denied, your options will be based on WHY you were denied.

good luck

[geepy 0]

I initially told the IO I wasn't intending to stay, but on the sworn statement I said I was intending to stay. So they have on record that I did not initially tell the truth. I signed some paperwork, I can't remember right now what the form was, I'll have to look when I'm back home in a few days. But there was nothing put in my actual passport.

This does lead to another question though. I know that for my next lot of forms (if/when I get them) I will need to admit to being refused entry, do I need to say I misrepresented myself too?

[Nich-Nick 3,355]

we are legitimate and although we don't have much evidence in the form of shared bank statements or accommodation etc,

That is not part of the fiancé process. It will be important for a greencard interview and removing conditions.

Fiancé petitions need--

--A US citizen

--Proof of meeting in last two years

--Free to marry, ie your divorce decree

--Intend to marry within 90 days, ie letter of intent from each of you.

What was the RFE asking for? What did you send back? Have you verified it was actually received?

A past denied entry does not affect a fiancé petition approval.

Edit: Anhh, I see you replied that you swore you were intending to commit immigration fraud basically.

Edited July 29, 2013 by Nich-Nick

[geepy 0]

We met all the requirements. The RFE requested simple evidence such as dates on the backs of photographs, and a full copy of my fiancé's passport (he had initially only sent a few pages). They acknowledged receipt of this on June 17th.

Nich-Nick, based on your edit, is that going to affect our K-1 process?

The IO when I was refused entry did say that it shouldn't affect a spousal visa process, just that I would never be able to use the VWP again. Of course this is a different relationship.

[Anna Grant 169]

After your initial denied entry whilst you were married, did you then go on to get a spousal visa with that spouse?

[geepy 0]

No, we never filed anything and we split up shortly after.

[Anna Grant 169]

I think it may depend on that paperwork you were handed when you were denied. Was it a simple denied entry or was it something more?

[Nich-Nick 3,355]

Nich-Nick, based on your edit, is that going to affect our K-1 process?

I don't really know that much about full immigration law when things aren't simple cases, so I'm not even going to speculate. I know getting turned away because they don't want to let you in has not affected visas. But what you signed off on...well we don't know what it was really. It wasn't a full deportation if it happened at the airport. Some people say they were allowed to withdraw their request for entry...kind of a nevermind, I am not wanting to enter the US after all and volunteer to return home. Those people have gotten fiancé visas. But what you did or signed, I do 't know.

This isn't UK specific, so you might get better answers in a general K1 forum or general immigration forum. Report your own first post and ask for it to be moved.

[geepy 0]

Ok, thank you very much for your time. :-) I'll ask to get it moved.

[Penguin_ie 6,002]

*** Moving to K1 forum by OP request *****

[Nich-Nick 3,355]

Ok, thank you very much for your time. :-) I'll ask to get it moved.

Here I found a thing on the London website I haven't seen before where you can see if you are eligible for ESTA. you might want to try it first

http://london.usembassy.gov/root/visa-wizard/pages/index.html

[Cody&Pen 0]

My situation is completely different from yours, but it took a few months to get a response back for my RFE.