Complicated Past

[Stephen Ketcher 0]

In April 2008 my fiance (Texas, US) filed for a K1 on my behalf. By September same year, we had all preliminary approvals needed and a letter was sent to me here in Ghana to pick up my package from the local US embassy. When she informed her parents about our initial success, her dad went raging mad against our relationship and registered his hate against interracial marriages and followed up with a threatening and abusive phone call to me. Though her mum was extremely nice on phone with several assuring postcards sent to me, I completely felt unwelcomed and frightened. I was 25 then and my fiance was 24; I was completely innocent to all the drama and process. As painful as anything imaginable, I walked away from the relationship to concentrate on my studies and career development and did not honor the invitation to pick up my package from the embassy here. I just didn't show up. I later applied for a B1/B2 Visa in 2009 to attend a conference but was refused with no specific reason given.

Fast Foward>> Now I'm 35, married and have a family, my brother is a Legal Permanent Resident, his wife is a citizen, my parents (both) have their B1/B2 5yrs multiple Visa but every relative of mine in the US is afraid to invite me due to my past.

One party of my family claims I should ask my fiance to withdraw our 10yr old K1 application before they invite me. They claim the K1 application is what caused my initial B1/B2 refusal (9 yrs ago) because it was and still is pending representing 2 conflicting applications. I have contacted my ex but she's refused to withdraw even till date. 

The other party of my family thinks we were not married then so there's no binding law for me to annul. They claim it shouldn't affect a B category of Visa application as long as I state my case file number with explanations on the D160 form.

Just yesterday, my little brother was given an approval for his B1B2 Visa and I feel so sad cuz the entire family is meeting for Christmas in California without my family. My wife thinks my past has now become an albatross around my neck and also affecting her.   

WHAT DO I DO? Should the K1 be withdrawn? Can it even be withdrawn even if my ex refuses to do so? I honestly haven't been able to sleep last night to this morning.

Thanks

[geowrian 22,337]

* Moved from K-1 Progress Reports to Tourist Visas forum since the question is now about obtaining a tourist visa *

 

Re: Past visa/petition

You cannot withdraw the I-129F. it's not your form.

The existing I-129F is long expired, as is the visa application.

That said, a CO can determine that you have immigrant intent still. This can be - in part - due to previously stated immigrant intent via the old K-1 application. A tourist visa application a year or so after a K-1 would likely be a heavy burden to show non-immigrant intent (i.e. you could have made up / gotten back together / whatever, and intended to come and stay in the US and bypass the K-1 process).

 

Re: New tourist visa application

You apply and find out if they will issue one to you. The extended time period is definitely favorable. I doubt it would be a major factor in the decision.

No invitation is needed to apply, and an invite does not increase your chances of obtaining a tourist visa. You will be issued the visa or not based on your own case's merits, not those of anybody else.

No idea how this would be affecting your wife (other than via it affecting you emotionally).

 

Apply and find out. There's no other way to know the result.

Edited December 11, 2018 by geowrian

[kayG 5]

It won’t affect anything only that it might tell them ur intent to stay in USA but this was 9 years ago so clearly it should clear the intent to stay .  Like what   geowrian said just apply and see ... no harm in trying 

[aaron2020 11,651]

File for the visitor visa and find out.  

[SusieQQQ 11,587]

Honestly, I think you’re making this more complicated than it is. Many people walk away from k1s. It was a decade ago and it’s not like you keep applying for more k1s which is what would be suspicious... but it’s the opposite, you have a family at home in Ghana now.

Also,  no one needs to invite you for anything, even if your family seems reluctant to, so what? You don’t need an invite to get a tourist visa. Fill in a ds160, if you can show the officer you have ties at home you’ll get it. If he asks about the supposed pending i129 (I’m sure it’s considered abandoned now) just tell him you’ve asked your ex fiancée to withdraw, she refused. 

Edited December 11, 2018 by SusieQQQ

[Lissa&Pee 24]

Your case really something you will not have to do it on your own but you need a Lawyer to show what to do or how he can assist you by not doing some errors again.

[geowrian 22,337]

4 hours ago, Lissa&Pee said:

Your case really something you will not have to do it on your own but you need a Lawyer to show what to do or how he can assist you by not doing some errors again.

What errors were made?

How would a lawyer assist with a tourist visa?

[SalishSea 17,937]

17 hours ago, Lissa&Pee said:

Your case really something you will not have to do it on your own but you need a Lawyer to show what to do or how he can assist you by not doing some errors again.

Not how that works.

 

OP:  there is no sponsorship or invitation for a B visa.  Best you can do is work on how you will present your strong ties to Ghana.

[Stephen Ketcher 0]

Thanks folks. I think I'll wait for next year's thanksgiving season to apply with my wife and kid. It really makes sense to me that a decade's old application is expired and automatically annulled especially when I'm with a wife and kid. But what if I decide not to state the immigration file case in my new application? After all, I didn't even show up at the embassy for my finger print and image to be taken? I can decide to ignore and not state it in my new application. Right? 

[aaron2020 11,651]

42 minutes ago, Stephen Ketcher said:

Thanks folks. I think I'll wait for next year's thanksgiving season to apply with my wife and kid. It really makes sense to me that a decade's old application is expired and automatically annulled especially when I'm with a wife and kid. But what if I decide not to state the immigration file case in my new application? After all, I didn't even show up at the embassy for my finger print and image to be taken? I can decide to ignore and not state it in my new application. Right? 

Sure, if you want to lie and be guarantee a denial.  The US has computer databases with all your prior applications. 

[SusieQQQ 11,587]

53 minutes ago, Stephen Ketcher said:

Thanks folks. I think I'll wait for next year's thanksgiving season to apply with my wife and kid. It really makes sense to me that a decade's old application is expired and automatically annulled especially when I'm with a wife and kid. But what if I decide not to state the immigration file case in my new application? After all, I didn't even show up at the embassy for my finger print and image to be taken? I can decide to ignore and not state it in my new application. Right? 

Wrong. It asks if anyone ever filed a petition for you. The answer is yes and will always be yes. Lying on a visa form is a good path to a possible permanent ban on entry for misrepresentation. 

[Unlockable 7,315]

1 hour ago, Stephen Ketcher said:

Thanks folks. I think I'll wait for next year's thanksgiving season to apply with my wife and kid. It really makes sense to me that a decade's old application is expired and automatically annulled especially when I'm with a wife and kid. But what if I decide not to state the immigration file case in my new application? After all, I didn't even show up at the embassy for my finger print and image to be taken? I can decide to ignore and not state it in my new application. Right? 

Of course not! You HAVE to state pass filings.

 

If you lie, then you would be facing a ban. Also, they have all of your information (name, past addresses, etc.) why would even think about trying to hide it?

[Stephen Ketcher 0]

Won't lie. Not at all. Was just wondering how they could still be able to pair that K1-case to me when I didn't show up to confirm my identity by finger prints. But all in all, I'm really grateful for your advise and encouragement. 

[aaron2020 11,651]

3 minutes ago, Stephen Ketcher said:

Won't lie. Not at all. Was just wondering how they could still be able to pair that K1-case to me when I didn't show up to confirm my identity by finger prints. But all in all, I'm really grateful for your advise and encouragement. 

They pair it up using computer databases based on the personal information that you provided on your many applications.  

[geowrian 22,337]

If it asks (and it does) and you don't tell the truth about the past petition, that is a lie.

Edited December 13, 2018 by geowrian