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

[mackad93 0]

15 minutes ago, geowrian said:

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.

just don’t understand you saying “ at least 1 day of unlawful presence “ since everything was done legally. I got married within the 90 days and send the paperwork to the USCIS within the 90 days, which was accepted and in the process. 

same with me leaving, everything was done legally USCIS was informed by a letter that I won’t be continuing with the AOS process and I got the letter from they saying they received it and they won’t be continuing with that process so I can leave and I have 33 days to do that because then it would be called an unlawful presence. And I left before my partner even got this letter just to avoid any issues with law. so I’m confused by unlawful presence sentence 

[geowrian 22,335]

14 minutes ago, mackad93 said:

just don’t understand you saying “ at least 1 day of unlawful presence “ since everything was done legally. I got married within the 90 days and send the paperwork to the USCIS within the 90 days, which was accepted and in the process. 

same with me leaving, everything was done legally USCIS was informed by a letter that I won’t be continuing with the AOS process and I got the letter from they saying they received it and they won’t be continuing with that process so I can leave and I have 33 days to do that because then it would be called an unlawful presence. And I left before my partner even got this letter just to avoid any issues with law. so I’m confused by unlawful presence sentence 

The K-1 visa granted an I-94 at POE (when you entered the country) valid for 90 days. That was your period of legal status.

Filing the I-485 granted an authorized stay while the case was pending.

Any time period between the expiration of the I-94 and when you filed for AOS would be unlawful presence.

Once you withdrew the application, they granted a 33 day grace period for any additional unlawful presence.

 

At 1 day of unlawful presence, the visa was cancelled.

Had you had accrued 180+ days of unlawful presence (i.e. time after the I-94 expiration + any time stayed after those 33 days of a grace period), then this would result in a 3 or 10 year ban (depending on exactly how long). This ban doesn't doesn't fit your circumstances, but I'm just pointing out how any previous unlawful presence continues after the grace period.

Edited December 4, 2018 by geowrian

[mackad93 0]

10 minutes ago, geowrian said:

The K-1 visa granted an I-94 at POE (when you entered the country) valid for 90 days. That was your period of legal status.

Filing the I-485 granted an authorized stay while the case was pending.

Any time period between the expiration of the I-94 and when you filed for AOS would be unlawful presence.

Once you withdrew the application, they granted a 33 day grace period for any additional unlawful presence.

 

At 1 day of unlawful presence, the visa was cancelled.

Had you had accrued 180+ days of unlawful presence (i.e. time after the I-94 expiration + any time stayed after those 33 days of a grace period), then this would result in a 3 or 10 year ban (depending on exactly how long). This ban doesn't doesn't fit your circumstances, but I'm just pointing out how any previous unlawful presence continues after the grace period.

well I really do appreciate all of the answers, thank you. I’m still gonna try to contact US Embassy in London which won’t be easy, but I think that’s the only option to get in touch with someone from the embassy who can look straight into my files. 

[geowrian 22,335]

13 minutes ago, mackad93 said:

well I really do appreciate all of the answers, thank you. I’m still gonna try to contact US Embassy in London which won’t be easy, but I think that’s the only option to get in touch with someone from the embassy who can look straight into my files. 

Best wishes. Hopefully you hear back soon.

[SusieQQQ 11,584]

21 minutes ago, mackad93 said:

well I really do appreciate all of the answers, thank you. I’m still gonna try to contact US Embassy in London which won’t be easy, but I think that’s the only option to get in touch with someone from the embassy who can look straight into my files. 

You can either:

- contact the embassy to confirm the status of your visa and/or apply for a new one

- attempt to enter the US on your existing one and face the risk of being denied entry.

 

As already stated, it’s standard practice to cancel without prejudice existing B visas when a K or an immigrant visa is issued. Even if the visa in your passport doesn’t bear the stamp, it may still be cancelled in the system. When we got our immigrant visas we were told our then existing B visas would be cancelled, and I presume they were, but the pages in our passports were not stamped.

[mackad93 0]

5 hours ago, SusieQQQ said:

You can either:

- contact the embassy to confirm the status of your visa and/or apply for a new one

- attempt to enter the US on your existing one and face the risk of being denied entry.

 

As already stated, it’s standard practice to cancel without prejudice existing B visas when a K or an immigrant visa is issued. Even if the visa in your passport doesn’t bear the stamp, it may still be cancelled in the system. When we got our immigrant visas we were told our then existing B visas would be cancelled, and I presume they were, but the pages in our passports were not stamped.

well it is really frustrating because I emailed embassy about it in October and that was their response " 

Thank you for your email.

 

The validity period of a visa relates to the period of time in which the visa holder can travel to a United States Port of Entry to apply for admission. The visa validity period does not determine the length of stay, and the visa does not need to be valid for the entire length of stay. 

 

If a visa states ‘M’ then this refers to multiple entry, indicating that the holder may travel to a U.S. Port of Entry to apply for admission while the visa remains valid, provided that the purpose of travel is consistent with the classification of visa.  Please visit our website at https://uk.usembassy.gov/visas/visa-directory/ for information about visa classifications and https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/ for additional information about visa validity, including about additional requirements if the visa is in an expired passport.

 

Please be aware that the final determination on each individual’s eligibility for admission to the United States is a matter for U.S. immigration officials at the Port of Entry.  No assurances can be given in advance."

and today I called them I tried to get some information but I've been told that I can only email about this and people who are reading these emails can look through my files so I e-mailed again and they replied quite quickly sending exactly the same " ready to send " answer : " 

Thank you for your email.

 

If a visa states ‘M’ then this refers to multiple entry, indicating that the holder may travel to a U.S. Port of Entry to apply for admission while the visa remains valid, provided that the purpose of travel is consistent with the classification of visa.  Please visit our website at https://uk.usembassy.gov/visas/visa-directory/ for information about visa classifications and https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/ for further information about visa validity, including about additional requirements if the visa is in an expired passport.

 

Please be aware that the final determination on each individual’s eligibility for admission to the United States is a matter for U.S. immigration officials at the Port of Entry.  No assurances can be given in advance. "

 

so basically there's no way I can get this answer straight back to me based on my files, you can't call the embassy, and whoever is replying to the e-mails has a ready to send answer. so I still don't know if I can travel on my B2 visa 

[Roel 7,191]

99% sure that your b2 was canceled since it's a standard procedure. 

 

Not to mention even if its valid they might deny you on PoE just cause of previous AOS. 

[EM_Vandaveer 2,364]

6 hours ago, SusieQQQ said:

You can either:

- contact the embassy to confirm the status of your visa and/or apply for a new one

- attempt to enter the US on your existing one and face the risk of being denied entry.

 

As already stated, it’s standard practice to cancel without prejudice existing B visas when a K or an immigrant visa is issued. Even if the visa in your passport doesn’t bear the stamp, it may still be cancelled in the system. When we got our immigrant visas we were told our then existing B visas would be cancelled, and I presume they were, but the pages in our passports were not stamped.

You can also try to book a flight to the US through Dublin. Dublin has CBP pre-clearance so if you are refused entry at least it's not after a long transatlantic flight (& no need to take another long flight back).

[SusieQQQ 11,584]

39 minutes ago, EM_Vandaveer said:

You can also try to book a flight to the US through Dublin. Dublin has CBP pre-clearance so if you are refused entry at least it's not after a long transatlantic flight (& no need to take another long flight back).

That is an option, but personally I’d think just making an appointment for a new visa is less hassle (unless OP is currently resident in Ireland) and probably less cost - if you are refused boarding because your travel documents are not in order, no one is going to refund the ticket cost, which is likely to be more than the $160 visa fee.

[gregcrs2 1,777]

Best to assume your tourist visa is cancelled.  $160 to apply for a new one is the most efficient way to go and is not that much money considering all the frustration you are having to get an answer.

 

[Weston 4]

I had similar question like you have before, when I consulted to an attorney, who told me that the B1/B2 visa won't cancelled automatically, If the CBP, consulate or embassy said, or there is an invalid stamp on it. Also, you do not have any case in processing, then you are free to use it. I think when you travel to the USA with B1/B2 visa , the CBP will ask you some questions, more than others.

[PaulTheSheik 20]

The answer to this question is ridiculously easy. Your visa is no longer valid. By going through with then K1 and adjustment of status process you displayed immigrant intent. 214(b)

 

Section 214(b) of the Immigration and Nationality Act (I.N.A.) states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.

 

Although you cancelled the adjustment of status, it does not matter. The immigrant intent was clearly demonstrated. Having immigrant intent makes you ineligible for a visitor visa. Thus your previous visa is void. Whether you accumulated illegal presence and whatnot are all irrelevant.

 

You need to apply for a new visa for a consular officer to re-evaluate you for immigrant intent, and then determine whether or not to issue a new visitor visa. I believe your chances are extremely high of being approved.

 

Do not make the mistake of trying to travel on the old visa because although it has not been cancelled and on the surface appears valid, in truth it is no longer valid and if you are asked a few questions at the port of entry, that fact will be revealed.

Edited December 29, 2018 by PaulTheSheik