K1 application cancelled - Trip to the US

[C&I 18]

My fiancé and I filed for the K1 visa in on December 14th, 2013. USCIS sent a letter to my fiancé on December 23 asking to sign the cheque because he forgot it. He sent it again and we were waiting for the NOA1 but he didn't receive it. So we had no NOA1, no number assigned, nothing.

Now, for different personal reasons, we decided to cancel the application and resubmit it when it will be the right time. We are still together and still want to apply for the Fiancé Visa but right now, it's just not the best time. Mid of January, my fiancé sent a letter of cancellation to USCIS and then, they sent him 2 letters. I think one is called "I-175 rejection notice" or something like that, saying that the application was rejected and that he has to submit this letter if he wants to resubmit the application again.

I'm going to visit him in a month! I asked him to send me these letters so I can take them with me if they ask anything about that at POE. I still have to receive these letters.

Anyway, I was wondering if the officers at POE can see that we applied for the visa and then got it cancelled. As I wrote, we never received a case number or anything so for me, it's like the USCIS never received our application. Do you know if they can see it or is it like we never applied?

I want to be ready in case they ask me questions about this, I don't want to have problems at the airport!

I will, of course, take with me proofs of my ties in my country, like:

- booking confirmation of my return flight

- my work contract -> do I need a letter from my boss certifying my return date or the contract is sufficient? I'd rather not ask him for a letter with my return date at the office because I don't want to explain him the whole story...

- my appartment contract

- insurances

- bank statments

- residency statement

Do you think I'll be ok?

Thank you for your help!

[baron555 934]

Anyway, I was wondering if the officers at POE can see that we applied for the visa and then got it cancelled.

Yes

[C&I 18]

If I take all these proofs or ties in my country, will I be ok?

I just spend a 10 days vacations with my boyfriend and I don't want this visa cancellation to be a possible issue. What you all think? Anyone had the same experience?

[TBoneTX 45,959]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- topic isn't a K-1 Process issue. ***

[C&I 18]

Does anybody know if, as proof of employment, my my work contract is sufficient or do I really need a letter from my boss certifying my return date?

Thank you in advance!

[Lainie B 465]

No they can't see you applied for the visa because you never applied for one. You sent the I-129f petition. This is different to the visa application. The visa application is done at your US embassy and comes after the petition is approved by USCIS. You sent the petition but it looks like it never got accepted since you never got an NOA1. When he sent the second cheque was it ever cashed?

I am not sure whether CBP can pull up details on petitions at the POE. But regardless, you should be fine at the airport. You probably won't even need all that evidence but you have it in case they ask.

[Lainie B 465]

Some friends of mine mistakenly thought they would need a K-1 just to get married even though they had no intention of living in the US. They filed the petition and it was approved and sent to the US embassy in the non-USC's home country. Then they discovered he could simply use the VWP to travel to the US and get married and leave within the 90 days. They thought they might have an issue at the POE because of the approved petition but it was not even mentioned. No evidence was required apart from the return ticket.

[SusieQQQ 11,587]

I had a family F3 petition in progress for a (long) while. Not from a VWP country. I was asked about the petition during my visa application for B1/B2 while that was ongoing, but never at a POE - entered about 5 times on that visa as well as before that visa, on an unexpired B1/B2 previously obtained before the petition was filed. Whether that is because CBP didn't see it on their systems or not, I don't know, but I never had more than the basic "what is the purpose of your trip? How long are you staying for?" questions. Agree that to be on the safe side have the documents though. I'd be surprised if CBP don't have access to that info.

[C&I 18]

USCIS didn't really have time to send us the NOA1 because we cancelled the petition quite soon after sending the I-129F package.

When my fiancé sent the 2nd cheque, they didn't cash it. I think it's because that happened during Christmas week and maybe there were not so many people working at that time.

Things always get slower during that period. When we cancelled our request, they sent back the whole package and the cheque.

I went to the USA many times and never had any problems, on VWP, but also with visas like student visa, working visa and tourism visa. This last one, that is still valid, caused me more problems the first time I entered the US because they asked much more questions about my stay there. Well, I was just travelling for a few months in the US and Central America. But I guess it's normal they ask more questions when you have a tourist visa and you stay for a long period of time.

So, I never overstayed or things like that. This time I'm just scared they see that we cancelled the petition and think that I don't want to have the K1 visa anymore and that I intend to stay there! Which is absolutely not the case! Maybe I'm paranoid but I prefer having all of my proofs with me.. we never know!

Regarding the proof of employment, do you know if my work contract is sufficient? Well, there is only the date I started and all of the other working conditions. So do I absolutely need a letter of my boss confirming my return date at work?

I'm also not sure whether CBP can pull up details on petitions at the POE. Last time I went to the US was in September 2013 for 2 weeks and I can't wait to see my fiancé again!!

[Lainie B 465]

Then you won't even be in the system. Relax, you'll be fine. You don't need a letter from your boss. It wouldn't prove anything anyway. The fact that you would be carrying around such a thing would only raise suspicion.

[C&I 18]

Thank you!