Need help!

[susanm 0]

Ok so my husband is from Australia. We submitted the paperwork last November 2015 for the k1 fiancé visa and it was approved. He came over and we did marry in the 90 day period however we were given wrong information from the local immigration office and he left the country to attend personal business before we filed for his change of status.

We have not submitted more paperwork since he returned home. He was told he could come visit on the VWP. So he booked his flights and when he was boarding his flight from Sydney to Dallas they pulled him aside and said he was denied because he has "a pending green card application"

Is this a glitch in the system? He is stuck in Sydney and is going to attempt to go to the us embassy tomorrow.

Any advice or insight?!!! I am confused and frustrated

[NigeriaorBust 4,087]

You need to file an I130 for a spousal visa which will take about a year. He was rightfully denied boarding because he has obvious immigrant intent. It is illegal to enter the country on VWP or a visitors visa with the intent of staying.

[susanm 0]

We just filed the spousal visa yesterday.

What I do not understand is the constant change in what he is and is not able to do.

The immigration office and almost everyone on here said he could come visit. He was allowed to visit while we were awaiting the approval of his k1 visa.

He does not have a green card pending which is why they said he was denied. But that is simply not the case

[Merrytooth 5,748]

But he obviously has immigration intent with that K1 visa stamp in his passport.

The CBP does not believe his story of just 'visiting my wife'.

He has to apply for tourist visa if he wants to visit you in USA.

Slim chance of tourist visa approval, no harm trying though.

[cdneh 3,112]

We just filed the spousal visa yesterday.

What I do not understand is the constant change in what he is and is not able to do.

The immigration office and almost everyone on here said he could come visit. He was allowed to visit while we were awaiting the approval of his k1 visa.

He does not have a green card pending which is why they said he was denied. But that is simply not the case

It's really quite simple. The change came about as the result of your husband leaving the country before filing for AOS and the authority to travel document. Having not done that, he was correctly refused entry. He could travel while you were waiting for your K1, but no longer, having abandoned the process.

[susanm 0]

What I am absolutely completely frustrated about is having immigration, and everyone on this forum tell me that yes we can do it one way...yes he can visit....then he gets denied and now the responses I get are "oh no you can't do that"

I was told the previous visa was now null and void and that we would be starting over.

[Merrytooth 5,748]

Here is your previous thread:

http://www.visajourney.com/forums/topic/606637-need-helpmarried-in-us-on-k-1-visa-and-spouse-had-to-return-home-before-filing-aos/#entry8271679

So what is his intention to enter US using VWP before you file for spousal visa?

[susanm 0]

To visit me. And to be here while my mom undergoes surgery. We know he can't come over and stay.

I think it's crazy that it is so hard to believe someone would try and enter the states legally yet still want to see his wife from time to time while waiting on the process to be complete.

This is extremely frustrating

I know nothing can be done at this point....I am just venting my frustration and disappointment

[N-o-l-a 7,168]

Here is your previous thread:

http://www.visajourney.com/forums/topic/606637-need-helpmarried-in-us-on-k-1-visa-and-spouse-had-to-return-home-before-filing-aos/#entry8271679

So what is his intention to enter US using VWP before you file for spousal visa?

If a case ever screamed intent to adjust status from VWP, this would be it.

Sorry for your situation OP, but the onus was on you to figure out through your own research what was allowed and not. From what I see you weren't given advice that your spouse should come back on VWP because anyone knowledgable would have rebutted that might be a problem.

Time for a CR1.

[Pitaya 2,577]

~Rather than confuse this thread, attempted thread hijack moved to separate new thread.~

~As that it is a case status inquiry, moved to IR1/CR1 Progress Forum~

Pitaya

VJ Moderation

Edited September 28, 2016 by Pitaya

[Boiler 45,659]

What I am absolutely completely frustrated about is having immigration, and everyone on this forum tell me that yes we can do it one way...yes he can visit....then he gets denied and now the responses I get are "oh no you can't do that"

I was told the previous visa was now null and void and that we would be starting over.

I contributed to your other thread, the situation was explained to you.

[IcezMan_IcezLady 582]

Dang! I feel so bad for y'all..That the thing with US government. Regardless of what anybody tells you , even people working in the government tell you, you are responsible for the actions you take based on the advice you got. I can see your frustration.

Unfortunately, you have to start all over again.. But please in the future, double-check all of your double-checks before taking a leap.

Australia doesn't seem like a tough embassy, so file the petition ASAP.

Good luck to you!

[Unlockable 7,315]

What I am absolutely completely frustrated about is having immigration, and everyone on this forum tell me that yes we can do it one way...yes he can visit....then he gets denied and now the responses I get are "oh no you can't do that"

I was told the previous visa was now null and void and that we would be starting over.

Here is your previous thread:

http://www.visajourney.com/forums/topic/606637-need-helpmarried-in-us-on-k-1-visa-and-spouse-had-to-return-home-before-filing-aos/#entry8271679

So what is his intention to enter US using VWP before you file for spousal visa?

I'm sorry that you got bad information but if you go back through your previous thread the majority consensus was that you would have to wait until the spousal visa is approved. You were only advised in the last thread that he could visit IF and only IF he got approved for a visitor visa.

In that previous thread the VWP was also mentioned and there was serious doubt that using the VWP to re-enter was doable. I know you are upset but your anger and frustration is projected at the wrong group.

Like I mentioned in your previous thread I hope the spousal visa is approved quickly for you.

Edited September 29, 2016 by NuestraUnion