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Jblack

Help with revoked tourist visa

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Hello I am new here. My 1st post but have been reading as much as I can.

 

Not sure if this is the proper section. 

 

So I am in the process of filing I-130 package. I will put my questions for that I. The proper section.

 

Ok and now to my question. I met my now wife in Florida where I live. She was visiting here bother and soon to be sister-in-law on a tourist visa. She did not speak much English and had a private tutor. 

 

So after we were together for a few months (We feel hard for each other from day 1).  She really wanted to study at the university so we could communicate better. At this point we used a translator app. She can under stand me when I talk but for her to speak English is still difficult. 

 

We talked about her changing her tourist visa for a student visa. She she spoke with a few lawyers and they said she could go back to Panama and it would be much fast like a week or less. If she stayed it would be like 8 months. That would make her overstay. 

 

So she goes back and me being a clueless American that had never been outside the US. I did not look I to it myself. 

 

So she went to the Panama Embassy. Went to the interview and the CO   denied her student and revoked her 10yr tourist Visa. She was told the worst thing would be they would decline he student visa. 

 

So fast forward to today. We are now married. We got married in Panama and  as I said before I just starting to file the paperwork and collect the documents for the I-130 package. 

 

My question is there any way I can help her get her tourist Visa reinstated or a temporary visa of any kind? I travel alot for work and have demanding schedule. It is very hard for me to know when I can get time to go see her in Panama and it is always last minute so the plane tickets are expensive. It is also hard on me because I never get to spend time at home with my friends biological family. 

 

Thanks for any help. Sorry this was so long just wanted to give you more info incase it helps. It is still all so confusing for me...😕

 

 

 

 

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Nothing you can do, most unlikely she would get a Visitor Visa.


“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.”

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1 minute ago, Boiler said:

Nothing you can do, most unlikely she would get a Visitor Visa.

Even if I have not filed any paperwork? She has traveled to may places around the world. She never had any issues and always made sure to do things the legally.

 

So would it hurt our CR1 to try?

 

I know it is ultimately up to the CO.

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She can apply as often as she likes nothing to do with CR1.


“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.”

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Guess I was just hoped maybe the was a form I could submit now that we are married. 

 

Really wish I knew they could/would take her tourist visa just for trying to change to a student visa. Sounds harsh for someone with a flawless record trying to do things legally.

 

Thanks for responding @Boiler @Coco8

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Agreed - there is a near-zero chance of her getting a new visa at this point (pending I-130 petition, very recently revoked tourist visa, etc.). Not impossible, and she's free to apply, but it's very likely not going to happen IMO.

 

The reason for the student visa denial and revocation is likely because they believed she was likely to marry and stay in the US. This is immigrant intent, which is not permitted on either visa.

At the same time, if she tried to COS within the US, it likely would have been the same except with an overstay. 180 days / 1 year of overstay results in a 3/10 year bar. Unfortunately, there wasn't a good option for her to stay in the US at time (unless you were ready to marry at the time, then you could have filed for her green card at that time in the US and stay while that is pending).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 minutes ago, geowrian said:

Agreed - there is a near-zero chance of her getting a new visa at this point (pending I-130 petition, very recently revoked tourist visa, etc.). Not impossible, and she's free to apply, but it's very likely not going to happen IMO.

 

The reason for the student visa denial and revocation is likely because they believed she was likely to marry and stay in the US. This is immigrant intent, which is not permitted on either visa.

At the same time, if she tried to COS within the US, it likely would have been the same except with an overstay. 180 days / 1 year of overstay results in a 3/10 year bar. Unfortunately, there wasn't a good option for her to stay in the US at time (unless you were ready to marry at the time, then you could have filed for her green card at that time in the US and stay while that is pending).

I was not ready to marry until the reality of her not coming back made me think about how she was the 1st girl in a long time I had connected with on this level.

 

I just find it odd. She flew back just to for the AOS (is that the correct acronym? ).  She could have just stayed if they was her intention. 

 

Oh well it's over with now. I will just keep burning that candle at both ends.

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3 minutes ago, Jblack said:

I was not ready to marry until the reality of her not coming back made me think about how she was the 1st girl in a long time I had connected with on this level.

 

I just find it odd. She flew back just to for the AOS (is that the correct acronym? ).  She could have just stayed if they was her intention.

Fair enough. I was just explaining the option that was there had you been ready to marry at the time. Since that wasn't, on the table yet, her going back home was pretty much inevitable. Now it's just a matter of time to bring her back.

 

AOS = Adjustment of Status (the process to get a green card within the US). She back home to get an F-1 (student) non-immigrant visa. Now she's going to go for a CR-1 (spousal) immigrant visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

u already got the answer. Just to clarify, she has an immigrant intent so she won't get any non-immigrant visa.  Your only path is to follow cr1 or Ir1 (whichever is applicable) 

Edited by old-fella

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I agree with the other good folks here in that she is unlikely to gain entry into the US via a non-immigrant route.  My advice is to file CR-1 paperwork as soon as you can.  With luck, she will be in the US in about a year.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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