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DS-160 Question Have you ever been to the US? Denied Entry (merged)

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I have researched and researched. I haven't found a CLEAR answer. If anyone knows, please tell me. Currently dealing with alot and a death in the family, so my brain doesn't click as quick as it should. 

 

My fiancé was refused at POE at DTW on the VWP,  being his first visit to the states.

They told him he didn't have enough money on him for the 90 days. (We were hoping to spend the summer together.) They also told him to come back with a K-1, as we were traveling together.

They interrogated him for 2 hours, then sent him back. His passport is stamped with Refused in accordance with INA section 217 R38024. 

 

On the DS-160 it asks, "Have you ever been to the United States?" What is the correct answer as he was refused? Thanks


7-15-1   I-129F Sent

7-17-19    I-129F Received

7-22-19    NOA1

10-25-19  NOA2 / Hardcopy Received 11-1-19

11-7-19    NVC RECEIVED

11-12-19  RECEIVED CASE #

 

Matthew 6:33But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you. 

Psalm 37:4,5Delight thyself also in the Lord; and He shall give thee the desires of thine heart.  Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass. 

Genesis 2:18And the Lord God said, it is not good that the man should be alone; I will make him an help meet for him.  

event.png
 

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My fiancé had an approved ESTA when we arrived from the UK to Detroit Airport June of this year. They separated us as soon as they heard the word fiancé and then refused him entry. They thought we were coming to the US to get married, him to work, and told him that if he would've had a K-1, he would've let him in. They sent him back home with an INA Section 217 R38024, which I know is for the ESTA. However, we're not sure what to answer on these questions. I've already done research and can't find the answer. Any help is appreciated.  

Screenshot_2019-07-29-19-16-49.png


7-15-1   I-129F Sent

7-17-19    I-129F Received

7-22-19    NOA1

10-25-19  NOA2 / Hardcopy Received 11-1-19

11-7-19    NVC RECEIVED

11-12-19  RECEIVED CASE #

 

Matthew 6:33But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you. 

Psalm 37:4,5Delight thyself also in the Lord; and He shall give thee the desires of thine heart.  Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass. 

Genesis 2:18And the Lord God said, it is not good that the man should be alone; I will make him an help meet for him.  

event.png
 

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~~Post split off to its own thread for better discussion.~~


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In line for Oath 06/20/14

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1 hour ago, J&S12 said:

I have researched and researched. I haven't found a CLEAR answer. If anyone knows, please tell me. Currently dealing with alot and a death in the family, so my brain doesn't click as quick as it should. 

 

My fiancé was refused at POE at DTW on the VWP,  being his first visit to the states.

They told him he didn't have enough money on him for the 90 days. (We were hoping to spend the summer together.) They also told him to come back with a K-1, as we were traveling together.

They interrogated him for 2 hours, then sent him back. His passport is stamped with Refused in accordance with INA section 217 R38024. 

 

On the DS-160 it asks, "Have you ever been to the United States?" What is the correct answer as he was refused? Thanks

He was never allowed to enter so he has never been here

Edited by payxibka

YMMV

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Just now, payxibka said:

He was never allowed to enter so he has never been here

Thank you! That was my main concern. 


7-15-1   I-129F Sent

7-17-19    I-129F Received

7-22-19    NOA1

10-25-19  NOA2 / Hardcopy Received 11-1-19

11-7-19    NVC RECEIVED

11-12-19  RECEIVED CASE #

 

Matthew 6:33But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you. 

Psalm 37:4,5Delight thyself also in the Lord; and He shall give thee the desires of thine heart.  Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass. 

Genesis 2:18And the Lord God said, it is not good that the man should be alone; I will make him an help meet for him.  

event.png
 

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INA 217 means your fiance was refused entry on the VWP.

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

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8 minutes ago, aaron2020 said:

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

Yes this! My then fiance was also refused at POE with an ESTA. We were asked about it and it was "investigated" at his interview in London. He was also asked about it again at POE when he returned with the fiance Visa. It caused us no problems as we did disclose it. Just be honest about it. As mentioned it did not affect the K1 for us either.  

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31 minutes ago, J&S12 said:

My fiancé had an approved ESTA when we arrived from the UK to Detroit Airport June of this year. They separated us as soon as they heard the word fiancé and then refused him entry. They thought we were coming to the US to get married, him to work, and told him that if he would've had a K-1, he would've let him in. They sent him back home with an INA Section 217 R38024, which I know is for the ESTA. However, we're not sure what to answer on these questions. I've already done research and can't find the answer. Any help is appreciated.  

Screenshot_2019-07-29-19-16-49.png

Technically you were refused admission to the US. 

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8 minutes ago, SuznAaron said:

Technically you were refused admission to the US. 

Not technically but actually.   OPs question was never about that but about ever having been to the USA,  to which the answer is technically no 

Edited by payxibka

YMMV

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21 minutes ago, aaron2020 said:

INA 217 means your fiance was refused entry on the VWP.

 

You need to answer "yes" to the question if he has ever been refused entry into the US.  

The refusal when properly disclosed will not affect the K-1.  Not disclosing it could create problems.

Thank you! We are planning on answering properly.  Just wasn't sure if him being inside DTW meant being in the US.


7-15-1   I-129F Sent

7-17-19    I-129F Received

7-22-19    NOA1

10-25-19  NOA2 / Hardcopy Received 11-1-19

11-7-19    NVC RECEIVED

11-12-19  RECEIVED CASE #

 

Matthew 6:33But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you. 

Psalm 37:4,5Delight thyself also in the Lord; and He shall give thee the desires of thine heart.  Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass. 

Genesis 2:18And the Lord God said, it is not good that the man should be alone; I will make him an help meet for him.  

event.png
 

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10 minutes ago, SuznAaron said:

Yes this! My then fiance was also refused at POE with an ESTA. We were asked about it and it was "investigated" at his interview in London. He was also asked about it again at POE when he returned with the fiance Visa. It caused us no problems as we did disclose it. Just be honest about it. As mentioned it did not affect the K1 for us either.  

Thank you for sharing your experience!  I will let my fiancé know to expect being asked. We don't mind answering them. 


7-15-1   I-129F Sent

7-17-19    I-129F Received

7-22-19    NOA1

10-25-19  NOA2 / Hardcopy Received 11-1-19

11-7-19    NVC RECEIVED

11-12-19  RECEIVED CASE #

 

Matthew 6:33But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you. 

Psalm 37:4,5Delight thyself also in the Lord; and He shall give thee the desires of thine heart.  Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass. 

Genesis 2:18And the Lord God said, it is not good that the man should be alone; I will make him an help meet for him.  

event.png
 

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That's terrible that he was refused entry. Would be such an awful feeling to have that happen when you're looking forward to spending some serious time together.

 

It might be useful for others in future if you outline a little more about why he was refused (for example)

1) how much money did they consider insufficient for 90 days

2) did he have any ties to the UK he could point to as a proof that he'd return home

3) any questions/proofs they asked him for

These cases where people are refused on ESTA are relatively rare on here, and it would be good to get an idea of the types of things that can lead to this. I think there is a fair amount of bad luck here (ie catching a USCIS officer on a bad day)


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

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5 hours ago, Limey said:

That's terrible that he was refused entry. Would be such an awful feeling to have that happen when you're looking forward to spending some serious time together.

 

It might be useful for others in future if you outline a little more about why he was refused (for example)

1) how much money did they consider insufficient for 90 days

2) did he have any ties to the UK he could point to as a proof that he'd return home

3) any questions/proofs they asked him for

These cases where people are refused on ESTA are relatively rare on here, and it would be good to get an idea of the types of things that can lead to this. I think there is a fair amount of bad luck here (ie catching a USCIS officer on a bad day)

Actually, it is quite surprising that it doesn't happen more often.  Especially in light of all the people who apparently spontaneously decide to marry while visiting, and adjust status.

 

Most adults cannot afford to stay abroad for 90 days, unless they are retired.  And there is so much confusion about whether working online from within the US "counts" as working in the US, that increased scrutiny makes sense.

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