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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

long story short.

My fiancé and I applied for a k1 visa a couple of years ago.

I overstayed the VWP by about 3 months for my own medical reasons etc. - not long enough for any kind of ban, but am unable to use it ever again.

For medical reasons we extended the K1 a couple of times, but the last time an extension was requested I am not sure my fiancé was able to send a letter of extension so I am unsure whether the case has been abandoned or not.

As we are on amicable terms I applied for a B2 visa, to visit him and other friends over the Christmas break and have an interview appointment in a couple of weeks.

Today I got an email from his sister to say he was in a life threatening condition in a hospital. I want to see him, as I am worried he may die soon and we have much to talk about .

My question is, should I inform the embassy that the K1 is on hold (if it hasn't been disposed of already by the embassy) and explain my fears for his health when going for the B2 interview, or should I act as though nothing has happened and just wish to visit my ex(?)fiancé and friends over the Christmas period?

I have many ties to the country I am living in at the moment, but I would like to have the opportunity to visit my fiance(?) while he is still functioning.

Any advice appreciated.

Filed: K-1 Visa Country: Wales
Timeline
Posted

It would seem likely that the K1 and your previous overstay will be mentioned in any interview.

Taking medical evidence to support your reason to visit as well as your ties to the UK might help.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

It would seem likely that the K1 and your previous overstay will be mentioned in any interview.

Taking medical evidence to support your reason to visit as well as your ties to the UK might help.

Thanks Boiler.

The only evidence I have is an email from his sister.

Do you think it is a good idea to say that the whole K1 is over at present due to medical reasons and just try to explain that I want to check up on things and visit friends over my vacation.

I have been living in a third country for which I have a "green card " for over a decade, so I am wondering whether I will face prejudice for that. I have a letter from my present job confirming my vacation times as well as a contract for my present accommodation etc.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Seems you have abandoned effectively your K?

If you want to hang your application on the Humanitarian aspect you will need some stronger evidence. But if you are just visiting and that is one of several reasons no need.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Seems you have abandoned effectively your K?

If you want to hang your application on the Humanitarian aspect you will need some stronger evidence. But if you are just visiting and that is one of several reasons no need.

We have abandoned it, but my ex fiancé is in no state to send a letter of withdrawal. I have read that the K1 isn't considered abandoned unless the petitioner sends a letter of withdrawal.

So I just go to the B2 interview, explain that the K1 has been abandoned for medical reasons, and that I want to go to the States to visit him and other friends during my vacation?

Sorry for so many questions, just don't want to screw this up.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You screwed it up with the overstay. Reading it again if it was your medical issues and you can substantiate them that might help.

Otherwise the situation is what it is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

See if the sister can send you any further type of documentation to validate her email statement. A letter from a doctor stating that xxx is currently hospitalized and in critical condition, possibly with the diagnosis stated, etc. and prognosis. Have it on hospital letterhead - something that is official - with contact information. They should be able to send this to you by email that you can print out or even by fax. This will lend a lot more credibility to your position when you request the visitor visa. If you have a wait for a couple of weeks, is there anything in his condition that indicates you need to request an expedite? Hospitalized with a life threatening condition doesn't sound like something I would want to wait for a few weeks but would try to see if you can arrange something sooner. The medical letter would, of course, be critical.

Good luck, and I am sorry that you are going through this.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Thanks, Teddy and Kathryn. Just emailed sister to ask for a doctor's letter (but she is in California so will take time to respond).

Will report back on how my interview goes next week so that anyone else in this situation might learn will have some information to fall back on.

Cheers everyone.

Bonne chance, to me ;)

Filed: K-1 Visa Country: Brazil
Timeline
Posted

Not to be a jerk, but just trying to think from a CO's point of view...

You two started the K-1 process but never completed it and are not even sure of the current status of your case. You refer to him as your fiancé but say you are "on amicable terms", as if the relationship was over but you remained friends or something. The uncertain nature of both your pending K-1 application and relationship with this person is going to come up at the B-2 interview if you indeed apply, and you need to be able to articulate the entire story better than you've done here. Hard evidence from the hospital will be necessary but probably not sufficient.

I hope for the best possible outcome for you two, whatever that may be.

  • 2 weeks later...
Filed: K-1 Visa Country: Congo DR
Timeline
Posted

Well, I had the interview today and.....

I got the B2 visa (I have to wait 2 weeks for my passport to be sent back to me).

So relieved.

I showed the 2emails from my ex fiance's sister (I didn't have a letter from the doctor concerned). Handed in a letter from my boss confirming my vacation times.

I was asked to explain my previous overstay and the rest of the story. I explained how my exfiance couldn't write a letter of withdrawal in his present condition, and said I wanted to visit him if possible. The embassy already had all the details on their computer system (letters from the hospitals I was in during my overstay, and a letter from the lawyer I hired at that time, unaware that the VWP cannot be extended)from my previous B2 applications 2 years ago, so I just told the truth and didn't twist the facts to make the story simpler.

The CO genuinely got confused a couple of times with my "saga", but I carried on explaining, and result- visa granted.

Just want to say to anyone reading this, and in a tight spot, that as long as you tell the truth, and are patient, there IS a chance of being granted a B2 visa.

Good luck.

Hopefully my exfiance will still recognize me when I visit over Christmas!

Good news .Congrats

I-129F sent:06/06/2014

Package Accepted:06/09/2014

NOA1(EMail & Text):06/12/2014

Hardcopy Received(Mail):06/14/2014

Service Request Submitted:10/30/2014

Alien Registration number changed:11/04/2014

NOA2(Email&Text):12/29/2014

NOA2(Hardcopy Received):12/26/2014

NVC Arrived:1/06/2015

NVC Left:1/21/2015

Sent to the Embassy:1/22/2015

Embassy Received:1/26/2015

Medical Date:01/30/2015

Interview Date :02/18/2015

Visa in Hand:3/11/2015

Marriage Date :04/06/215

event.png

event.png

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Congrats, si ma'am.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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