vwp travel after visa denial

[missing.my2angels 0]

Hi all

I am a newbie here and need to know an answer to my question below.

I applied for a tourist visa as my and my fiancee are still waiting for her divorce to go through before we can apply for a K1 and I got denied under 214b. I think this was because I was open and honest about wanting to spend time with her before we started the K1 process. Now my question is can I enter the US under the waiver program? I have asked the London Consulate who said I could try but on the 194w waiver it states that if you have been refused a visa you need to go to the embassy and get one? This is so confusing to me and my fiancee as obviously we want to be together but do not want to affect our K1 when we start the process. please as mife without her is awful

[Kez/JWolf 6]

Hi all

I am a newbie here and need to know an answer to my question below.

I applied for a tourist visa as my and my fiancee are still waiting for her divorce to go through before we can apply for a K1 and I got denied under 214b. I think this was because I was open and honest about wanting to spend time with her before we started the K1 process. Now my question is can I enter the US under the waiver program? I have asked the London Consulate who said I could try but on the 194w waiver it states that if you have been refused a visa you need to go to the embassy and get one? This is so confusing to me and my fiancee as obviously we want to be together but do not want to affect our K1 when we start the process. please as mife without her is awful

As you have read on the I-94w if you have been denied a visa then you can not use the I-94w to travel to the US..

Kez

[missing.my2angels 0]

As you have read on the I-94w if you have been denied a visa then you can not use the I-94w to travel to the US..

Kez

Then why did the consulate say I could try?

[Otto 83]

As you have read on the I-94w if you have been denied a visa then you can not use the I-94w to travel to the US..

Kez

Then why did the consulate say I could try?

You would need a waiver - which you 'could try' to get.

[zqt3344 21]

Better schedule appt with US embassy and get it worked out.

Hi all

I am a newbie here and need to know an answer to my question below.

I applied for a tourist visa as my and my fiancee are still waiting for her divorce to go through before we can apply for a K1 and I got denied under 214b. I think this was because I was open and honest about wanting to spend time with her before we started the K1 process. Now my question is can I enter the US under the waiver program? I have asked the London Consulate who said I could try but on the 194w waiver it states that if you have been refused a visa you need to go to the embassy and get one? This is so confusing to me and my fiancee as obviously we want to be together but do not want to affect our K1 when we start the process. please as mife without her is awful

[Kez/JWolf 6]

As you have read on the I-94w if you have been denied a visa then you can not use the I-94w to travel to the US..

Kez

Then why did the consulate say I could try?

Because the consulate are not the people who are going to inspect you at the POE that would be CBP.... you could try phoning the POE CBP at the airport you plan to fly into and ask them if you will be refused entry on the VWP if you have already been denied a visa to the USA....

Just remember that if you come to the US on a VWP and you get denied entry then you will be returned to the UK at your own expense on the first flight available and you will be charged at most expensive price for your ticket....

Kez

[KimandRuss 0]

I too am awaiting my divorce to be final here in the States. My SO is from New Zealand and had travelled back and forth on the vwp several times throught the past year and a half so that we could spend time together as I worked out my own mess. On his last attempt to enter he was turned away at the POE and told he would have to wait for the K1.

You could file for a waiver or a new visa but that takes time too and even then it's still up to the CBP at the POE who will already know about you in the system. You could get lucky but that's alot of money and emotion to put on the line.

I'm sorry. I know just how difficult this is. We will need to wait until April to even begin the K1 process to get Russell home.

Best of luck to you.

[missing.my2angels 0]

I too am awaiting my divorce to be final here in the States. My SO is from New Zealand and had travelled back and forth on the vwp several times throught the past year and a half so that we could spend time together as I worked out my own mess. On his last attempt to enter he was turned away at the POE and told he would have to wait for the K1.

You could file for a waiver or a new visa but that takes time too and even then it's still up to the CBP at the POE who will already know about you in the system. You could get lucky but that's alot of money and emotion to put on the line.

I'm sorry. I know just how difficult this is. We will need to wait until April to even begin the K1 process to get Russell home.

Best of luck to you.

Thank you Kim. Good luck to you as well. I am going to stay up in Canada and try to cross the border under the vwp there. If I get denied they send me back to Canada so at least my fiancée can come and see me and I have relatives there so not all hope for spending time together is lost.

[SusieK 3]

I too am awaiting my divorce to be final here in the States. My SO is from New Zealand and had travelled back and forth on the vwp several times throught the past year and a half so that we could spend time together as I worked out my own mess. On his last attempt to enter he was turned away at the POE and told he would have to wait for the K1.

You could file for a waiver or a new visa but that takes time too and even then it's still up to the CBP at the POE who will already know about you in the system. You could get lucky but that's alot of money and emotion to put on the line.

I'm sorry. I know just how difficult this is. We will need to wait until April to even begin the K1 process to get Russell home.

Best of luck to you.

Thank you Kim. Good luck to you as well. I am going to stay up in Canada and try to cross the border under the vwp there. If I get denied they send me back to Canada so at least my fiancée can come and see me and I have relatives there so not all hope for spending time together is lost.

My husband applied for the six month visa also from the UK to come here and of course denied even thou we had not filed any papers yet. We totally understand why he could not come here aka strong ties to the USA - but when he asked them if he could do the VWP they said sure but make sure you check the box that states VISA was denied and after speaking with a good friend in charge of customs at JFK - he said this" You stand a 99% chance of him being sent back period. So we opted not to even try. If you do try make sure that you check that box.

Cheers and gl

[missing.my2angels 0]

My husband applied for the six month visa also from the UK to come here and of course denied even thou we had not filed any papers yet. We totally understand why he could not come here aka strong ties to the USA - but when he asked them if he could do the VWP they said sure but make sure you check the box that states VISA was denied and after speaking with a good friend in charge of customs at JFK - he said this" You stand a 99% chance of him being sent back period. So we opted not to even try. If you do try make sure that you check that box.

Cheers and gl

Thank you Susie. This is kind of what I am expecting but as long as it does not affect the K1 visa then I am going to give it a go through Canada so that I can at least see her there if I can not cross the border. Could you ask you JFK friend if this is the case for me?

Thanks again

David

[minnietheminx 0]

Getting refused entry on VWP will not affect your K1 application. Going through the border via Canada is still a long shot- POE will know that your visa was refused due to possible immigrant intent therefore you will need to prove how those circumstances have changed since your denial. You never know, you may get lucky, but from my personal experience, land borders seem to be stricter than air borders (I have breezed through whenever I have flown, but got interrogated everytime I have crossed via land from Canada). At least though, if you do get refused, at least you wont be sent on the next plane home or possibly detained until they can find a flight for you....they'll just not let you in and you make your way back to where you were staying in Canada before. To me, it does seem like the most logical solution.