K1 visa cancelled. can I still use my B1/B2 visa?

[mackad93 0]

Hey Guys

I’m really not good with forums and topics and research in general, so if someone else asked this question before please don’t hate, I’m really trying my best to find an answer to my question and I can’t. 

long story short: 

 

I have my B1/B2 visa valid till 2026, after getting my K1 and moving to States in May this year me and my ex partner both realised that sadly our relationship won’t survive. We cancelled K1 visa / adjustment of status in October by sending a letter to USCIS and getting back from them a confirmation letter saying that whole process is officially stopped so I moved back to United Kingdom. 

I need a B1/B2 tourist visa because I’m from Poland but I live in UK. My question: after cancelling my K1 visa / AOS,, can I travel to United States again as a tourist on my B1/B2 visa that is still or should be valid for the next 8 years? 

I’ve seen people saying that tourist visas are cancelled after K1 is issued but what if I cancel my K1 what happens? Is it really cancelled or just put on hold?  I’m planning on going for holiday to USA in January and I wanted to make sure there won’t be any issues. 

Thanks very much in advance for any kind of help. 

Edited December 4, 2018 by mackad93

[SalishSea 16,770]

4 minutes ago, mackad93 said:

Hey Guys

I’m really not good with forums and topics and research in general, so if someone else asked this question before please don’t hate, I’m really trying my best to find an answer to my question and I can’t. 

long story short: 

 

I have my B1/B2 visa valid till 2026, after getting my K1 and moving to States in May this year me and my ex partner both realised that sadly our relationship won’t survive. We cancelled K1 visa / adjustment of status in October by sending a letter to USCIS and getting back from them a confirmation letter saying that whole process is officially stopped so I moved back to United Kingdom. 

I need a B1/B2 tourist visa because I’m from Poland but I live in UK. My question: after cancelling my K1 visa / AOS,, can I travel to United States again as a tourist on my B1/B2 visa that is still or should be valid for the next 8 years? 

I’ve seen people saying that tourist visas are cancelled after K1 is issued but what if I cancel my K1 what happens? Is it really cancelled or just put on hold?  I’m planning on going for holiday to USA in January and I wanted to make sure there won’t be any issues. 

Thanks very much in advance for any kind of help. 

What does the previous B visa look like in your passport?  Did they stamp it?  My husband's was cancelled by the consulate when he received his K-1 I believe.

[mackad93 0]

2 minutes ago, Jorgedig said:

What does the previous B visa look like in your passport?  Did they stamp it?  My husband's was cancelled by the consulate when he received his K-1 I believe.

Nope no stamps, when I entered US in May, they crossed out my K1 visa and put a stamp next to it with a date when it expires I guess, but no one didn’t look or stamp anything on my B1/B2 visa, the only stamp that’s in there is next to it on the other page from previous visits before I got my K1 issued. 

[geowrian 22,335]

SOP is to cancel any other NIV when they issue a K-1 visa. However, this is not always the case.

Did you marry and file for AOS all within 90 days of entry on the K-1 visa?

Edited December 4, 2018 by geowrian

[mackad93 0]

3 minutes ago, geowrian said:

SOP is to cancel any other NIV when they issue a K-1 visa. However, this is not always the case.

Did you marry and file for AOS all within 90 days of entry on the K-1 visa?

yes we did marry the day after my arrival and then a bit later we applied for AOS, but like I said we cancelled the AOS process then I left USA after process was confirmed as officially stopped - meaning I never received my social, travel or work permit. 

Edited December 4, 2018 by mackad93

[geowrian 22,335]

Just now, mackad93 said:

yes we did marry the day after my arrival and then a bit later we applied for AOS, but like I said we cancelled the AOS process then I left USA after process was confirmed as officially stopped - meaning I never received my social, travel or work permit. 

"Bit later" = within 90 days from entry?

The reason I am focusing on this is if you filed for AOS after the 90 days then the visa is definitely void due to an overstay.

It still may be cancelled as well...but no way to know for sure without either contacting the embassy/consulate or traveling to the US.

[mackad93 0]

4 minutes ago, geowrian said:

"Bit later" = within 90 days from entry?

The reason I am focusing on this is if you filed for AOS after the 90 days then the visa is definitely void due to an overstay.

It still may be cancelled as well...but no way to know for sure without either contacting the embassy/consulate or traveling to the US.

USCIS received my paperwork exactly 3 months later after my arrival, after that I was just waiting for all of the paperwork from them if that makes any sense. 

[geowrian 22,335]

5 minutes ago, mackad93 said:

USCIS received my paperwork exactly 3 months later after my arrival, after that I was just waiting for all of the paperwork from them if that makes any sense. 

3 months = 90 days? Or was it 91 or more days? It might sound silly, but the exact dates matter...just 1 day over and the visa is automatically cancelled by law.

Three months with a February might be < 90 days. 3 months not covering February with at least 1 month of 31 days would put it into 91+ days.

[mackad93 0]

9 minutes ago, geowrian said:

3 months = 90 days? Or was it 91 or more days? It might sound silly, but the exact dates matter...just 1 day over and the visa is automatically cancelled by law.

Three months with a February might be < 90 days. 3 months not covering February with at least 1 month of 31 days would put it into 91+ days.

I arrived in US on 22nd of May, USCIS received my paperwork on 22nd of August means they got my documents 92days after my arrival ;( we were doing everything through RapidVisa.com 

Edited December 4, 2018 by mackad93

[geowrian 22,335]

Just now, mackad93 said:

I arrived in US on 22nd of May, USCIS received my paperwork on 22nd of October means they got my documents 92days after my arrival ;( 

That's 5 months....?

[mackad93 0]

2 minutes ago, geowrian said:

That's 5 months....?

omg ... I'm sorry I meant August 

[Ontarkie 13,915]

~~MOved to Tourist Visas, from K1 P&P - The OP is done with the K1 and now asking about his previous B Visas~~

[geowrian 22,335]

22 minutes ago, mackad93 said:

omg ... I'm sorry I meant August 

No worries. haha It just confused me.

 

Tough one. My understanding is technically they are supposed to count the date of delivery. So if that was on day 90 or less, it should be good to avoid any unlawful presence, and therefore does not cancel the visa automatically (although that leaves the question of its validity uncertain). Day 91 or later is a definite no.

INA 222(g)  https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5161.html

"In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. "

[mackad93 0]

6 minutes ago, geowrian said:

No worries. haha It just confused me.

 

Tough one. My understanding is technically they are supposed to count the date of delivery. So if that was on day 90 or less, it should be good to avoid any unlawful presence, and therefore does not cancel the visa automatically (although that leaves the question of its validity uncertain). Day 91 or later is a definite no.

INA 222(g)  https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5161.html

"In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. "

right I’m trying to understand that but it’s hard for me when it comes to all of those smart government language- sorry

I have my B2 visa since 2016 and I already entered USA as a tourist back then. 

in May this year after getting my K1 in February I went to USA to be with my partner I entered obviously on K1 which has one entry and I did stay longer than 90 days in USA but I got married ( and im still legally married but for now in a complicated situation ) and I was in the middle of AOS process which we both cancelled and I left straight away since USCIS gives you 33 days to leave the country saying to in the future you’ll be able to apply for other visas- not the point

my B2 never was cancelled in front of me no one never stamped anything on it or did anything with it and as everyone knows that visa is valid for 10 years. 

now when USCIS cancelled my K1 visa I have no green card or anything like that only my B2 apparently valid till 2026 all I want to know is if I can travel again to United States as a tourist. I tried to get this info from the US embassy in London but they didn’t answer my question in the email so I’m kinda confused and I don’t know what to do ...

[geowrian 22,335]

6 minutes ago, mackad93 said:

right I’m trying to understand that but it’s hard for me when it comes to all of those smart government language- sorry

I have my B2 visa since 2016 and I already entered USA as a tourist back then. 

in May this year after getting my K1 in February I went to USA to be with my partner I entered obviously on K1 which has one entry and I did stay longer than 90 days in USA but I got married ( and im still legally married but for now in a complicated situation ) and I was in the middle of AOS process which we both cancelled and I left straight away since USCIS gives you 33 days to leave the country saying to in the future you’ll be able to apply for other visas- not the point

my B2 never was cancelled in front of me no one never stamped anything on it or did anything with it and as everyone knows that visa is valid for 10 years. 

now when USCIS cancelled my K1 visa I have no green card or anything like that only my B2 apparently valid till 2026 all I want to know is if I can travel again to United States as a tourist. I tried to get this info from the US embassy in London but they didn’t answer my question in the email so I’m kinda confused and I don’t know what to do ...

Understood.

It sounds like you accrued at least 1 day of unlawful presence based on the timeline you provided. Assuming that is the case, then the existing visa is automatically cancelled by law. No physical revocation occurs unless you submit the passport to the embassy staff or CBP.

As such, it sounds like you need a new visa.