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kilmerj

Am I barred from entry now!!!!!?????

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Filed: K-1 Visa Country: United Kingdom
Timeline

Sure hope someone can help or point us in the right direction.

Okay here's the story.... My son who was in the United States Air Force finally decided to marry his longtime girlfriend who lives in the UK. They did all the precursory steps and acquired a K1 visa. She traveled to the US on her K1 visa and they were married within the 90-day timeframe permitted. However they took NO FURTHER ACTION after they were married. She stayed in the US for 15 months before she had to return to the UK because her mother got very ill and required hospitalization. They are now under the impression that she is banned from entering the US for 10 years. Is this true?

We wanted her to come visit for Thanksgiving this year. Can she still be permitted into the US on a 90-day tourist visa?

What are our options?

Thanks in advance.

J. Kilmer

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 to Moving and Traveling During US Immigration Forum~

~Inquiry about visitor travel to US after AOS abandonment~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Country: Monaco
Timeline

Yes, she most likely has a ban on entering the US for 10 years and in all likelihood she won't be allowed back into the US without a tourist visa, since her VWP privileges should have been revoked. She will need to apply for a tourist visa and go through the process, including filing for a waiver, which may or may not be granted, depending on her specific case. This may take up to one year.

However, if they are still married and not separated, her husband can petition for her greencard, (CR/IR visa) provided she intends to come and live in the US. In that case she will need to file for a waiver, as part of her visa process, which for spouses of USC is just a formality. The entire process should take a little more than one year.

Good luck.

Edited by JohnR!

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Filed: Other Country: United Kingdom
Timeline

The problem you'll have is that she has less chance of being approved for a tourist visa as she has shown definite immigrant intent. The CO is likely to presume that she will use a B2 visa to bypass the CR1 process and would be obliged to refuse the visa.

As has already been said, she will never be able to travel via VWP again.

It's not impossible for her to get a B2 but you shouldn't count on her being back for Thanksgiving.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Maybe its best they try the CR1 as travel on a tourist visa is unlikely and using her WVP is not going to work.

Can I ask why they married but did not start the AOS process in the 15months she lived in the US before returning back to the UK? I hope everything works out for them though & please thank your son for his service. My husband is also US AF and I'm very proud.

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I know an American married to a foreigner who left the country and couldn't come back because of a long overstay. The CR1 was denied. They applied for a waiver. It was also denied. I read the entire denial report which was quite detailed...about 3-4 pages single spaced. I was surprised that they outlined all the reasons in such detail. It was generally because they did not prove extreme hardship to the American. I didn't think whoever prepared their waiver did a great job, but there was the usual minor children to care for, a job with licensing he couldn't transfer to another country (loss of income), an elderly relative to care for, an ex-military serviceman, and psychiatric evaluation of stress related depression cause by the separation. They denied it and pointed out where the waiver fell short, mainly for lack of better documentation to prove each point.

So an immigration attorney who specializes in waivers would be essential in my opinion, based on the denial I read.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: Citizen (pnd) Country: Mexico
Timeline

So sorry to hear about her situation. Indeed, this is the time to contact a good immigration lawyer with experience in waivers. Get two or three opinions and then decide what is the best route.

All the best,

UnaMexicana


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

=============

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: Waiting...:dancing:
Interview Date: ????

Oath:

=============

event.png

event.png

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