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JulieinMD

denied entry to USA on a K1 visa

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1 hour ago, JulieinMD said:

My fiance was denied entry to the USA on a K1 visa.  It was a nightmare.  I was waiting for him outside of customs at JFK in NY, NY.  The customs agent asked him when we were getting married and he said maybe we will, maybe we won't and she sent him home. She said he didn't qualify for the K1 visa.  We think she was just looking for ANY reason to send him home.  Practice your answers for entry just as much as you did for the visa interview.  So sad.

Spent past several months trying to show intention to marry, and the best he could come up with was 'maybe'? Sounds like cold feet to me. 

 

B2 is for maybe. 

K1 is for yes I'm marrying her. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Citizen (pnd) Country: Canada
Timeline

If he didn't know whether or not he's going to marry you, then he does not qualify for a K1 visa. A fiancé visa is exaclty as the name suggests, that he should have already proposed to you or vice versa. A wedding date should already been set since he would only be allowed in the US on the K1 for a limited time. Sorry but I have to side with the immigration officer on this one. She did the right thing.

Edited by vegasbound

Timeline after visa approval

Immigrant fee paid on ELIS - Jan 24th

POE - Jan 25th

Update on GC and SSN

(as of March 14th, 2014)

ELIS status - Closed (Card produced)

USCIS case check with receipt number (starts with IOE) - Card delivered in the mail

SSN - Received (Went to SSA location to apply for one)

-------------------------------------------------------------------------------------------------

N-400 Naturalization Process

N-400 package mailed in - Nov 7th

Payment posted on cc account - Nov 10th

NOA (hard copy) - Nov 14th

Biometrics - Dec 7th

In Line - Dec 27th

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Filed: Citizen (apr) Country: Colombia
Timeline

Good advice by OP. It's advisable to both be honest and practice your answers. They're not mutually exclusive, folks. I've traveled all around the world and I always get nervous when I go through customs. And I know when I'm nervous I can say something I didn't mean to say - and that doesn't mean my original intention was dishonesty.

 

In other words, practice your honesty.

Edited by Russ&Caro
expanding upon my post

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: Timeline

If he had said, "I really want to marry her but we haven't set a date yet", would that have changed what happened?

 

To answer some other questions--she wrote cancelled on his visa in his passport and told him that he could apply for another visa.

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1 hour ago, f f said:

did the officer actually void the visa? it still mat be valid for entry since it has not been used yet. also can you confirm your fiance was actually turned away and did just get cold feet and tell you this story?

 

good luck

before trying again to travel -if the visa was not cancelled- I would have him go to embassy (or you call them up ) and check what is the status.

It doesn't say what country he's from, and that might be a factor...Good luck

 

Never mind, I read that it was cancelled....then you have only 2 options, do another K-1, which might be doomed or marry him at his country and CR1

Edited by Gosia & Tito
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Oh gosh! no more joking around now, but maybe he means it. You don't really have to practice anything, you just have to be true with your intentions. But sorry to hear, this process is already draining all our energy.  

"All my life, without a doubt i give you, all my life, now and forever till the day i die, you and i will share" By: America
                                                               == I am the beneficiary==
AOS - K1 & K2
03-04-2014 ( Day 01) - Mailed
03-06-2014 ( Day 02) - Received
03-17-2014 ( Day 13) - Text and E-mail Notification at 12:50 am
03-21-2014 ( Day 17) - Received I-797C NOA (AOS, AP & EAD) hard copies - 6 mails
03-24-2014 ( Day 20) - Received I-797C NOA (ASC Appointment Notice/ Biometrics schedule) - 2 mails
04-09-2014 ( Day 36) - Biometrics Schedule @ 10&11am
05-30-2014 ( Day 87) - Received EAD combo card (K2 only)
06-09-2014 ( Day 97) - I 485 ( both k1 & k2 ) - Card / Document Production (no interview)
06-12-2014 ( Day 100)- I 485 ( both k1 & k2 ) - Mailed the new card
06-14-2014 ( Day 102)- GC ( both K1 & k2) - Received

Done.

 

ROC - K1 & K2

03-17-2016 ( Day 01) - Mailed

03-22-2016 ( Day 05) - NOA1

04-19-2016 ( Day 27) - Biometrics Appt. ( only K1 admitted, no K2 Bio Appt. letter received)

03-13-2017 ( Day 328) - Received Biometrics Appt. letter for K2 ( yes, almost a year of waiting!) Scheduled for March 22, 2017

03-22-2017 ( Day 337) - Biometrics Appt. (K2)

04-19-2017 ( Day 364)- USCIS status changed from "Case Was Received" to "Name Updated" (Only the K1 case)

04-26-2017 ( Day 371)-  USCIS status changed from " Name Updated" to "New Card Is Being Produced" ( both K1 and K2 app)

05-01-2017 ( Day 376)-   USCIS status changed from "New Card Is Being Produced" to "Card Was Mailed To Me" ( K2 case)

05-02-2017 ( Day 377)-   USCIS status changed from "New Card Is Being Produced" to "Card Was Mailed To Me" ( K1 case)

05-04-2017 ( Day 379)-  Received GC in the mail ( K2)

05-05-2017 ( Day 380)-  Received GC in the mail ( K1)

Done.

 

Naturalization

03-10-2017 ( Day 01) - Mailed

03-21-2017 ( Day 11) - Received Text and Email Notification

03-25-2017 ( Day 15) - Received NOA hardcopy

03-27-2017 ( Day 17) - USCIS website status changed " Fingerprint Appointment Was Scheduled"

04-12-2017 ( Day 33) - Biometrics/ Fingerprints & stamped passports for another 1 yr extension.

05-15-2017 ( Day 66) - "In Line for Interview" updated website status

05-17-2017 ( Day 68) - " Interview Was Scheduled" updated website status

05-25-2017 ( Day 76) - Received  the interview letter

06-26-2017 ( Day 108) - Interview Schedule

08-03-2017 ( Day 147)- Received notification online "Oath Ceremony Notice Was Mailed"

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Filed: Country: Jamaica
Timeline

CBP Entry is another interview, and should be treated as such.  I agree that he was joking, but in the context of it being an immigration interview, he was denied entry as he stated that he was not going to abide by the 90 day agreement to marry.  It sucks, but its immigration reality.  CBP did nothing wrong in turning him away.  

Phase I - IV - Completed the Immigration Journey 

 

 

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41 minutes ago, KierenHby said:

Spent past several months trying to show intention to marry, and the best he could come up with was 'maybe'? Sounds like cold feet to me. 

 

B2 is for maybe. 

K1 is for yes I'm marrying her. 

B2 could perhaps be for maybe if you come from a country where it's easy to get b2s, and meet all the requirements.  While I am not necessarily defending the OP's fiance (we don't really have much information about what happened) the idea of coming and "probably" marrying is a lot more understandable for those for whom there is no other visa available, which is true for many people who could be eligible for a K-1. 

And then too, there are always a lot of folks on VJ who are hostile to those who marry and adjust on a tourist visa. 


I have also seen on here heartbroken people whose fiance broke off the engagement after the visa was approved, and some members suggesting they travel on the visa to see if they can reconcile, and then return home within 90 days if they can't.  We also hear from people who came on the k-1, the relationship fell apart, and they are sadly departing, and we don't put them down for having entered without a bullet-proof relationship. (Does such a thing exist?)

 

So if their relationship is going through a rough patch, but he still cares enough to get on the plane and see if they can work it out, is he no longer eligible for the k-1?  Should he not be?  I hadn't ever thought about it, but it seems like it could be argued both ways.

 

 

 

 

 

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8 minutes ago, dawning said:

 

So if their relationship is going through a rough patch, but he still cares enough to get on the plane and see if they can work it out, is he no longer eligible for the k-1?  Should he not be?  I hadn't ever thought about it, but it seems like it could be argued both ways.

 

Nope. Not eligible under the circumstances mentioned.  Nothing stopping OP from visiting, or he goes for a B2. 

Any doubt and the 'intention to marry' document.. with a signature.. is deemed irrelevant. So then is the K1. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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13 minutes ago, KierenHby said:

Nope. Not eligible under the circumstances mentioned.  Nothing stopping OP from visiting, or he goes for a B2. 

Any doubt and the 'intention to marry' document.. with a signature.. is deemed irrelevant. So then is the K1. 

Really?  I had heard it was hard to get a visitor's visa after applying for a k-1, especially from countries consider high-fraud.  (Likewise, it's hard for anyone in the position to immigrate for marriage to get a visitor's visa in those countries.)

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2 hours ago, JulieinMD said:

If he had said, "I really want to marry her but we haven't set a date yet", would that have changed what happened?

 

To answer some other questions--she wrote cancelled on his visa in his passport and told him that he could apply for another visa.

Not having a wedding date set and being unsure if you will marry at all is way different.

 

The officer made the correct decision. You next course of action should be why he honestly said that. Honestly.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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I am so sorry to hear about your fiance's denied entry but his response to the CBP officer's question was a peculiar one. Really curious to know as to why he had said that. The times I've been to the US even just for a visit, I always made sure I answered the questions properly and not joke about anything. 

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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