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Midnight-Sun

Denied petition - are we still in their system?

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Filed: Timeline

Hi!

Our petition I-129F (it before NOA1 and the whole package was sent back) was denied due to some paper issues about his divorce, and i'm just wondering if we are still in the system? Our petition are not obivously, but I mean do they have both of our names in their system? Like, if i wanted to visit him in the US, could the immigration officer see that I was the beneficiary for an K-1 visa and deny me entry because he/she think I'll stay? Or do USCIS have our names in their database and could see if our history with them if we chose to get married in another way?

Edited by Midnight-Sun
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Yes, you're in their database now. That doesn't mean you can't get married and change visa types (though that won't help you if the 'paper' issue with his divorce paperwork doesn't get resolved between now and then) and the non USC can visit. There is never a guarantee of entry, however, so the alien will want to bring strong ties to home if coming to the US for a visit.

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Filed: Timeline

Thank you for your fast reply!

Well, of course there is no guarantee of entry even if I wasn't in their database, so even if would have gone separated ways this would still be a problem that could pop up whenever I want to visit the US? I have school and I'm about to move out with some friends, how could I bring strong ties home? Should I take a letter from my friends that confirm I'm living with them (one of them has the apartment in his name) and bring school books? Maybe a confirmation from my boss that I'm working there and planning to return back?

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It could - they wouldn't know if you'd broken up!

Strong ties = letter from employer, landlord, bank statements showing your funds still reside in Sweden, etc. If you're a student, perhaps bring a copy of your current schedule or a transcript of some sort from the university (anyone can buy school books, so that doesn't prove much) showing you would be returning to complete the courses.

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