i was denied entry in USA as tourist and Voluntary withdraw the application for admission

[apotyperez 0]

I recently got denied entry at the Port in USA as a tourist they found out I have a american fiance and doubt I wont come back home. Although I tried my best to explain to them I will stay for a short period of time only and have no intention to get married in usa. They didn't believe it so I voluntarily withdraw my application for admission, they cancelled my tourist visa and sent back home on the same day. Now my fiance is coming in my home country next month to marry me. My question is do I still need to apply for the waiver to re enter the usa?? I found out over the internet that if I was voluntary withdraw my application I don't have to get a waiver and it will only apply for those who had been removed expedited. I really have no clear information about this. Please any advice will be appreciated..

[Cess & Ryan 5]

I don't think you need to.. The same case happened to me but the difference is we were already married when i tried to enter the USA last June. Hence, the Pre-departure immigration at Abu Dhabi airport cancelled my B2 visa and asked me to apply for K3 which i did last July and now waiting for NOA2. Good luck to you..and Best Wishes.

[KASH2011 382]

You don't need to apply for a waiver!

[Mollie09 1,543]

If you want to get another tourist visa, you'll need to apply for it since this one was cancelled. Your chances of getting it are pretty slim now.

This won't affect a potential K-1, if that's what you are going for.

[bestofboston 36]

WARNING. If you get married in the Philippines, then you might as well cancel your petition for a K1 visa because it will no longer apply. You will then need to start all over again and petition for a I-130. I don't know how long ago you applied for a K1 visa but do you really want to start all over again? Usually it takes about 10 months to 1 year from filing an I-130 before you get approval in hand to enter the USA which is considerably longer than the K1 process.

If you voluntarily gave up your visa at the port of entry because of a pending K1 visa, it will not count against you at all. Relax, you did it correctly.

[Ana & Cesar 5]

It depends on what you signed up for and they will give you a copy of that when you got turned around. Read it and it will answer most of your questions. My husband got turned around in 2008 and was banned to enter for 5 yrs. He voluntarily departed too. If they didn't hand you any piece of paper, then you may have lucked out and may have no problem with any petition like we do right now. Good luck...

[usmsbow 796]

WARNING. If you get married in the Philippines, then you might as well cancel your petition for a K1 visa because it will no longer apply. You will then need to start all over again and petition for a I-130. I don't know how long ago you applied for a K1 visa but do you really want to start all over again? Usually it takes about 10 months to 1 year from filing an I-130 before you get approval in hand to enter the USA which is considerably longer than the K1 process.

If you voluntarily gave up your visa at the port of entry because of a pending K1 visa, it will not count against you at all. Relax, you did it correctly.

She didn't mention anything about a k-1 visa and she doesn't have a timeline.

[apotyperez 0]

Thank you all for the advices and informations. Hence I do not have any K1 pending application. And yes they gave a copy of sworn of jurisdication and another form for voluntary withdraw my application for admission and another paper for all questions and answers the officer asked me.Im praying hard that I wont have any problem after we get married and apply for spouse visa. God bless you all!

[JayJayH 546]

Thank you all for the advices and informations. Hence I do not have any K1 pending application. And yes they gave a copy of sworn of jurisdication and another form for voluntary withdraw my application for admission and another paper for all questions and answers the officer asked me.Im praying hard that I wont have any problem after we get married and apply for spouse visa. God bless you all!

You were denied entry because you arrived on a non-immigrant visa, and failed to demonstrate that you did not intend to immigrate. In essence, Customs and Border Protection (CBP) believed you wanted to immigrate. When you're married, and eventually apply for an immigrant visa, immigrant intent is, of course, expected. That's the point of an immigrant visa. You will not be denied an immigrant visa because you intend to immigrate.

Edited October 3, 2014 by Yang-Ja