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Can fiance still travel to the U.S. after visa rejection?

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CABayArea
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Joined: Sun Nov 19, 2006 3:02 am

Can fiance still travel to the U.S. after visa rejection?

Post by CABayArea » Sun Nov 19, 2006 3:08 am

I am from California, my fiance is from Japan...

She got rejected for a student visa under 221(g)...we are currently going for a fiance visa. I am back in California. Could she come visit me in California (for under 90 days of course)? Or would she get turned away because she was rejected for a visa? What is the risk of her trying to visit me in the U.S.? Would there be less of a risk if we met up in Canada? What about trying to cross the border in Canada together? What is the chance she could be denied entry? Would this risk the fiance visa we are currently going for?

Thanks

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Sun Nov 19, 2006 2:49 pm

Suggest she does not enter the US under the Visa Waiver Programme. The VWP is for non immigrant visitors coming to the use for max 90 days...your comments lead me to believe you've filed for a K1 which is an immigrant visa so its obvious she is not a bona fide candidate for the VWP....that's how the DHS Inspector at the Port of Entry will see it. She will get refused entry or even worse get placed under expedited removal procceedings and banned from the US for 5 years. Meet up in Canada if you will. Sorry that may not be what you wanted to hear.

adamkun
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Joined: Sun Nov 19, 2006 6:29 pm

Post by adamkun » Sun Nov 19, 2006 6:42 pm

I am also from California and in an almost identical situation except for that my fiance got rejected a student visa under 214(b).

I am hoping for clarification from Kayalami or another moderator.

Why is it dangerous to try to enter on the VWP while waiting for a fiance visa. According to the US embassy for Japan's website it shouldn't be a problem just so long as you plan to leave within 90 days and be back in Japan for the visa interview:

http://japan.usembassy.gov/e/visa/tvisa ... l#thirteen
If you intend taking up permanent residence in the U.S., you are required to wait until the fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of a fiancé(e) visa. If you wish to make a temporary visit after which you will return to your permanent residence outside the U. S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if eligible.
(Bold emphasis is mine)

Am I reading this wrong? Also, I understood that you would only barred from the US for 5 years if you are turned away at the border twice. Does a rejection in Japan at the consulate for a student visa count as one strike there? Is that why you said getting rejected at the border could lead to being banned for 5 years?

I'm not trying to argue here as I'm sure all the moderators know a lot more about this than I do but I was just hoping for clarification as to why the things you said are true.

The Canada plan seemed like a good one if there was no risk of getting banned for 5 years and there was no risk of it affecting our chances of getting a fiance visa.

Thank you so much in advance for any information you can supply.

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