How Does Visa Denial @ U.S. POE Affect Spouse Visa Application?

[AminSamthyFanClub 0]

Greetings VisaJourney members,

I want to know if anyone in here had their spouse’s visa denied at a United States POE (Point of Entry) while an ongoing spouse visa was in process (CR-1 / IR-1 / K-3 Spouse Visa)? I’m planning to meet my wife (UK Citizen) in Canada and we’re contemplating visiting Detroit for a day. Based on her circumstances (had a B2 Visa denied 6 months ago when we were engaged & has no strong ties to the UK) the likelihood is high that the border/customs officer will refuse her entry into the United States. (Which I presume, will remain on her U.S. immigration records).

Assuming she is refused entry, will that adversely affect our ongoing CR-1 application? Will it risk the application being rejected; complications throughout the process; delays; extra interview questions, etc.?

I’m curious to hear from someone who has been in that situation and still completed their spouse visa application.

Thank you in advance for your help!

[Merrytooth 5,748]

The B2 visa denial will have no effect on your spousal visa

[Boggy1974 124]

Refusal at POE or B2 denial will not impact the I-130 petition negatively (at uscis).

However, this could come up during visa interview at the embassy/consulate. Remember the DS 260 form has questions that must be answered to the effect of PoE refusal or visa denial.

[Ketsuban 1,034]

Wouldn't she need to fill in an ESTA application before going in to visit Detroit? Make sure she does that first or she definitely won't be let in to the US for a visit. She will need to declare the B-2 denial on the ESTA.

[aaron2020 11,651]

How exactly are you going to get her to Detroit with a visitor visa denial?

With a visa denial, she cannot use the VWP.

So how are you going to get her into the US?

You are only creating trouble for yourself.

What happens if they detain her instead of just refusing entry?

You ready for her to spend that day in ICE detention?

Edited February 5, 2014 by aaron2020

[AminSamthyFanClub 0]

Many thanks to those who shared their opinions regarding this matter.

Wouldn't she need to fill in an ESTA application before going in to visit Detroit? Make sure she does that first or she definitely won't be let in to the US for a visit. She will need to declare the B-2 denial on the ESTA.

Good point! I looked into it and since we'd be traveling by land to the U.S. a ESTA is not required. I figured the chances of my wife be allowed to visit the States would be higher at a land crossing. However my concern would be of the repercussions a denial would have to our ongoing CR-1 application. I'm afraid having two visa denials would portray us in a negative light and ultimately risk our chances of having the CR-1 Spouse Visa denied.

[jan22 3,056]

Many thanks to those who shared their opinions regarding this matter.

Good point! I looked into it and since we'd be traveling by land to the U.S. a ESTA is not required. I figured the chances of my wife be allowed to visit the States would be higher at a land crossing. However my concern would be of the repercussions a denial would have to our ongoing CR-1 application. I'm afraid having two visa denials would portray us in a negative light and ultimately risk our chances of having the CR-1 Spouse Visa denied.

While she doesn't have to file an ESTA in advance, she will have to complete the I-94W at the Port of Entry. On that form, she will need to list her visa refusal -- and will almost 100% guaranteed be denied, as it will look like she is trying to circumvent US immigration laws by trying to enter by land instead of flying in from the UK.