Jump to content
Stephen Ketcher

Complicated Past

21 posts in this topic

Recommended Posts

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 Should the K1 be withdrawn? Can it even be withdrawn even if my ex refuses to do so?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

Share this post


Link to post
Share on other sites

* 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 by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

Share this post


Link to post
Share on other sites

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 by SusieQQQ

Share this post


Link to post
Share on other sites
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?


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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? 

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
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?


“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 any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites
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.  

Share this post


Link to post
Share on other sites

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

Edited by geowrian

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×