Jump to content
Sign in to follow this  
argie

applying for a K1 with a previous visa cancelled

6 posts in this topic

Recommended Posts

Hi everyone my name is Victoria i am from Argentina, my fiance is american and i am looking for a little advice in this long and compicated process!!. i met my fiance almost four years ago in the states with a j1 visa. After that i kept going back and forth with a tourist visa. Last january when i was trying to go see him again i got sent back from atlanta back to Buenos Aires and they cancelled my tourist visa. I wasn't deported they gave me a "WITHDRAWAL OF APPLICATION FOR ADMISSION" since they said i was living in the us and not in my country and they suspected i had a nanny bussines. I never stayed longer than my I94 said and i did not work as a nanny!!. Worst day in my life by far, i hope nobody ever has to go through that humiliating process.

Anyways, does anybody knows someone who has been approved for a K1 visa after having a visa cancelled?? Any similar experience will help understand everything a little better. THANKS!

Share this post


Link to post
Share on other sites

Hi everyone my name is Victoria i am from Argentina, my fiance is american and i am looking for a little advice in this long and compicated process!!. i met my fiance almost four years ago in the states with a j1 visa. After that i kept going back and forth with a tourist visa. Last january when i was trying to go see him again i got sent back from atlanta back to Buenos Aires and they cancelled my tourist visa. I wasn't deported they gave me a "WITHDRAWAL OF APPLICATION FOR ADMISSION" since they said i was living in the us and not in my country and they suspected i had a nanny bussines. I never stayed longer than my I94 said and i did not work as a nanny!!. Worst day in my life by far, i hope nobody ever has to go through that humiliating process.

Anyways, does anybody knows someone who has been approved for a K1 visa after having a visa cancelled?? Any similar experience will help understand everything a little better. THANKS!

Hi Victoria!

It seems like we have something in common! I am probably not going to give you any smart advice or conclusion on that but at least we can share each others news.I have also been in the US for J1 visa for 2 years (i extended the second one)and found an american bf.After my time as an au pair was over i needed to come back home to Czech rep. and applied for visa waiver (it was easier and faster for me at that time than to apply for a tourist visa).The first time i visited US on the visa waiver was from october to december and than from january to april...i never overstayed or anything but i realized the more frequently i keep coming back and forth i will be suspicious even though i never had any troubles with immigration.So we decided to apply for student visa for me.Did cost us money,time,nerves and the visa was denied two months ago The reason (from what they said)was that it looked as if i was living in the US and not back home and also their main concern was why i didnt go home to extend my J1 visa but did it in the US.It was the standard process and i only did what my LCC told me....oh well...! I was told to try again,how funny! Now my bf and i are applying for the K1,trying to put the I-129f packet together.I learned that applying for the K1 with a previous visa denied is usually not an issue.I myself was told my the consul at the embassy to come when my situation changes and apply again.There are exceptions on everyting and i dont know how serious your "withdrawal of application for admission" is what consequences it may have but i will cross fingers and wish you good luck!Hope this helps at least a little bit :) Lenka


07/23/2007 Arriving to the US on J1 visa as an au pair

12/24/2008 Meeting online

01/02/2009 First beautiful date

08/22/2009 Lenka is leaving the States as her au pair program is at the end

10/08/2009 Lenka visits the US for almost 3 months

12/22/2009 L and E returns back to Czech together,he is introduced to her family

01/28/2010 Lenka visits the US for 3 months

05/28/2010 Student visa denied

06/30/ - 07/07/2010 Eric visiting Czech

07/04/2010 Engaged :)

08/06/2010 I-129F sent

08/17/2010 NOA1

09/19/ - 09/27/2010 Eric visiting Czech

12/17/ - 01/03/2010 Eric visiting for Christmas!! :)

01/11/2011 NOA2!!!!!!!!!!!! YAAAAAAY

01/28/2011 NVC left

02/10/2011 Embassy left

02/14/2011 Packet 3 received

02/18/2011 Medicals

03/02/ - 03/06/2011 Eric coming for the interview in Prague

03/03/2011 Interview!!! APPROVED!!!!!!!!!!!

03/23/2011 USA,POE San Francisco

05/01/2011 Our wonderful wedding day!!!!!

06/06/2011 AOS package sent (along with AP and EAD)

06/13/2011 NOAs1 for AOS package in the mail (including AP and EAD)

06/27/2011 Appointment letter for biometrics received

07/18/2011 Biometrics!

07/29/2011 EAD approved

07/29/2011 AP approved

08/01/2011 Appointment letter for interview received ( August 31st,2011)

08/03/2011 EAD card production ordered

08/09/2011 EAD and AP combo card in the mail

08/31/2011 Immigration interview

Share this post


Link to post
Share on other sites

Hi Lenka! thank you very much for sharing your experience with me. I was told by the agent in Atlanta that this shouldn't mean i wasn't going to be able to get the right visa, so hopefully it will work out, for both of us!

Let me know if you need any help with your I 129f. Keep me posted with any news.

Lots of luck for you too!

Vic

Share this post


Link to post
Share on other sites

Your revoked tourist visa shouldn't have any effect on your K1 visa application. You were denied entry because the CBP officer had a suspicion, and used his discretionary authority to deny entry. There were no firm grounds of inadmissibility. If there were, you would not have been offered the opportunity to withdraw your application for admission.

They may ask you about this at the interview. Just be honest. It isn't a problem. :thumbs:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

Your revoked tourist visa shouldn't have any effect on your K1 visa application. You were denied entry because the CBP officer had a suspicion, and used his discretionary authority to deny entry. There were no firm grounds of inadmissibility. If there were, you would not have been offered the opportunity to withdraw your application for admission.

They may ask you about this at the interview. Just be honest. It isn't a problem. :thumbs:

Thanks Jim,that is what i was hoping for :) i had my F1 student visa denied not tourist but i think,at the end of the day it should not make any difference.I count on them asking me about the previous visa denial and i am ready for that.not speaking of the tons of evidence that my fiancee and I can provide when it comes to our relationship :)


07/23/2007 Arriving to the US on J1 visa as an au pair

12/24/2008 Meeting online

01/02/2009 First beautiful date

08/22/2009 Lenka is leaving the States as her au pair program is at the end

10/08/2009 Lenka visits the US for almost 3 months

12/22/2009 L and E returns back to Czech together,he is introduced to her family

01/28/2010 Lenka visits the US for 3 months

05/28/2010 Student visa denied

06/30/ - 07/07/2010 Eric visiting Czech

07/04/2010 Engaged :)

08/06/2010 I-129F sent

08/17/2010 NOA1

09/19/ - 09/27/2010 Eric visiting Czech

12/17/ - 01/03/2010 Eric visiting for Christmas!! :)

01/11/2011 NOA2!!!!!!!!!!!! YAAAAAAY

01/28/2011 NVC left

02/10/2011 Embassy left

02/14/2011 Packet 3 received

02/18/2011 Medicals

03/02/ - 03/06/2011 Eric coming for the interview in Prague

03/03/2011 Interview!!! APPROVED!!!!!!!!!!!

03/23/2011 USA,POE San Francisco

05/01/2011 Our wonderful wedding day!!!!!

06/06/2011 AOS package sent (along with AP and EAD)

06/13/2011 NOAs1 for AOS package in the mail (including AP and EAD)

06/27/2011 Appointment letter for biometrics received

07/18/2011 Biometrics!

07/29/2011 EAD approved

07/29/2011 AP approved

08/01/2011 Appointment letter for interview received ( August 31st,2011)

08/03/2011 EAD card production ordered

08/09/2011 EAD and AP combo card in the mail

08/31/2011 Immigration interview

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×