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Refused visa can I still use the waiver program?

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  • Refused visa can I still use the waiver program?

    Hi

    I was refused an entry visa today for an extended tourist visa because I was honest and told them that I will be coming back to get a k1 once my girlfriend gets divorced. My question is can I still try and get in on the VWP and tell them I am there travelling for 3 months?

  • #2
    Yes, you can use VWP if your country participates in it. But at the POE it is at the discretion of the officer to let you in or not. What exactly is the purpose of this trip?
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Originally posted by PraetorianXI
      Yes, you can use VWP if your country participates in it. But at the POE it is at the discretion of the officer to let you in or not. What exactly is the purpose of this trip?
      To spend more time with my girlfriend until we can apply for a k1 visa.

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      • #4
        I also have a job interview lined up where they are prepared to sponsor me if successful. Will this look good in my favour or be frowned upon during entry to the US?

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        • #5
          Having a Girlfriend in the US, makes it VERY hard, since you are an immigration risk (all you need to do is get married and file for AOS).

          So, I think it is an uphill road for you to enter the US with a non-immigrant visa. But, you can try.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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          • #6
            Look at https://www.immihelp.com/form-i-94/

            On page 2, item F says that if you have been denied visa, you need to contact the embassy/consulate first before attemping to come to US on visa waiver. You may be denied admission into United States.
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            • #7
              Originally posted by immihelp
              Look at https://www.immihelp.com/form-i-94/

              On page 2, item F says that if you have been denied visa, you need to contact the embassy/consulate first before attemping to come to US on visa waiver. You may be denied admission into United States.
              When I was denied I asked if I could still go under the waiver program and she said that I could try but there is no guarantee. does that mean I can try?

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              • #8
                Originally posted by BHAFATBOY
                When I was denied I asked if I could still go under the waiver program and she said that I could try but there is no guarantee. does that mean I can try?
                Yes, it means you can try, but it is likely to be denied, which means you would have wasted your plane ticket.
                Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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