Denied entrance in the USA

[Carmine N Agnes 23]

Has anyone else been denied access into the USA? And is this causing a delay in the back ground check? My fiance was denied entrance last December with her valid ESTA. We're now at 170 days waiting still for the NOA2. I HAD my Senator look into the delay, and they said something was flagged in her back ground check. ( which leaves us to believe the denied entrance is causing the delay) so we're wondering if anyone else had this problem or knew of a couple who did? Thanks for a any help..

[canadian_wife 1,791]

I was denied entrance before we submitted the paperwork for the CR1.  It was 178 days for our I130 to be approved which was standard at that time.  So my denial of entrance did not seem to be a problem.  Did anything else happen during the denial?  What was written in her passport?  What questions was she asked?  

 

Good luck 

[Boiler 43,434]

Might depend on why she was denied.

[Hypnos 6,576]

It's possible it's related. 

[JayMar2019 2,741]

 

5 hours ago, Carmine N Agnes said:

Has anyone else been denied access into the USA? And is this causing a delay in the back ground check? My fiance was denied entrance last December with her valid ESTA. We're now at 170 days waiting still for the NOA2. I HAD my Senator look into the delay, and they said something was flagged in her back ground check. ( which leaves us to believe the denied entrance is causing the delay) so we're wondering if anyone else had this problem or knew of a couple who did? Thanks for a any help..

What was the cause of her denial at POE?

 

[Carmine N Agnes 23]

8 hours ago, canadian_wife said:

I was denied entrance before we submitted the paperwork for the CR1.  It was 178 days for our I130 to be approved which was standard at that time.  So my denial of entrance did not seem to be a problem.  Did anything else happen during the denial?  What was written in her passport?  What questions was she asked?  

 

Good luck 

She was turned back. R39007 code. I looked it up seems to be the standard code. But I had my senator check on our status, and USCIS says that their looking into more of her back ground check, which can only mean the December issue. Do you know if this happened to you?

[Carmine N Agnes 23]

8 hours ago, Boiler said:

Might depend on why she was denied.

Standard code R39007. Seems to be the standard code. He did ( cbp officer ) said us getting the k1 visa shouldn't be a problem.. 170 days and waiting..

[JayMar2019 2,741]

8 minutes ago, Carmine N Agnes said:

Standard code R39007. Seems to be the standard code. He did ( cbp officer ) said us getting the k1 visa shouldn't be a problem.. 170 days and waiting..

My fiancé was denied entry last year as well while trying to visit using his visitor's visa. CBP also said that applying for the K1 will fine and that the denial will not affect the K1 process. I'm a May filer and I'm still waiting for our NOA2 (142 days and counting) although they just started on reviewing May petitions.

 

It is possible that this could be the hold up but it could also be something else - sometimes when there is a "hit" on the name they have to cross check other systems to make sure that there's no match to someone else which can take time. Is this the first time she has applied for a K1?  

 

Either way, the standard wait for NOA2 at this time seems to be 150-175 days - I've seen others wait longer. Not saying that will be the case for you. Either way, at this point all you can really do is wait or at most submit another inquiry.

 

Good Luck to you both on the rest of your journey!

Edited October 11, 2017 by Trinab80

[Carmine N Agnes 23]

1 minute ago, Trinab80 said:

My fiancé was denied entry last year as well while trying to visit using his visitor's visa. CBP also said that applying for the K1 will fine and that the denial will not affect the K1 process. I'm a May filer and I'm still waiting for our NOA2 (142 days and counting) although they just started on reviewing May petitions.

 

It is possible that this could be the hold up but it could also be something else - sometimes when there is a "hit" on the name they have to cross check other systems to make sure that there's no match to someone else. Either way, the standard wait for NOA2 at this time seems to be 150-175 days - I've seen others wait longer. Not saying that will be the case for you. Either way, at this point all you can really do is wait or at most submit another inquiry.

Well I think that USCIS will take their time looking into the denial, but I will keep you posted on our case.. 

[Boiler 43,434]

The Consulate determines whether anything is an issue or not.

[Sailormooon 268]

Has she visited the US before?

[Carmine N Agnes 23]

11 minutes ago, Tea_pgtips said:

Has she visited the US before?

No was her 11st visit

[Sailormooon 268]

14 minutes ago, Carmine N Agnes said:

No was her 11st visit

Ah, so this was going to be her first visit? I think the k1 will be completly fine. They just need to do a background check I guess. Something probably flagged up so they deny entry. Better safe than sorry but won't affect k1!

[Carmine N Agnes 23]

34 minutes ago, Tea_pgtips said:

Ah, so this was going to be her first visit? I think the k1 will be completly fine. They just need to do a background check I guess. Something probably flagged up so they deny entry. Better safe than sorry but won't affect k1!

Yes we're hoping so.. We're now sitting at 170 Days today.. Thanksgiving and Christmas are around the corner.. I can deal with thanksgiving , but Christmas...not an easy thing to accept..,

[abum 324]

a bit off tangent - when people are denied at the border, the only option left for them is to buy the next flight home?