K1 issues?

[Meadows2301 0]

So my girlfriend and I are going to file for the K1 soon (sometime next year - she needs to finish her doctoral), however her mother and her wanted to come visit first using the tourist visa. (Just visit really)

Ironically her mother was accepted but not her. They denied her with a 214b because her visa had an annotation for 1 week but she stayed longer despite the customs agent telling her and giving her a stamp for 6 months. She stayed for 4 weeks and left.

My question is will this affect the K1? Does this ruin her visitor visa chances? Had no idea that annotations were more biding that the stamp. Agent at consulate was mad and told her that she can no longer be trusted. Very scary!

[Just Paul 4,595]

Shouldn't impact the K1 visa.  She will have to disclose it.  If it does impact the K-1 it wouldn't impact a spousal visa

 

She ineligible for a tourist visa.  A waiver can be sought. That can take over a year.

 

The annotation is what is followed for the maximum length of stay.  She could have applied for a longer stay after she landed but not at the initial inspection.  https://www.uscis.gov/visit-united-states/extend-your-stay

 

The agent was either didn't "see" the annotation or probably  too busy to change the stamp as 6 months is the typical time allowed. They can not change the prima facia of the visa.  

 

Also for your K-1 you don't really need to wait for her to finish her doctorate, unless you want to wait even longer.

[K & R 343]

I wouldn’t wait to file the K-1 until she finishes her doctoral. If she finishes sometime next year even if you apply now it is taking around 8-10 months to get the K-1 which puts you at around August-October of next year if all goes well. I also urge you to consider the CR1 spousal visa. The processing time is 12-14 months (which might be better in your case) and it’s much cheaper than the K1. You’d need to travel to her country and get married prior to filing the CR1. With the CR1 when she would arrive she would almost immediately be able to work and travel. She would also already get her greencard without the AOS process necessary for the K-1. You’re looking at her not working for 4-6 months after POE on the K-1 visa and I’m assuming with her getting her doctorate she is going to want to work ASAP. Just some things to consider.

 

Im sorry she was refused a tourist visa but unfortunately she’s not likely to get another tourist visa (at least for awhile). Like others have stated above make sure she disclosed that on her K-1 or CR1 application. If you are worried about it again I would suggest going the CR1 route. You can successfully appeal CR1 cases but you cannot really appeal a denied K-1. Read up on the K-1 and CR-1 guides on here to help you make the best decision for yourself and your girlfriend. Good luck!!

[Crazy Cat 41,979]

For your consideration:  My comparison between K-1 and CR-1:

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option

[little immigrant 801]

4 hours ago, missileman said:

For your consideration:  My comparison between K-1 and CR-1:

K-1

More expensive than CR-1    
Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
Spouse can not work until she/he receives EAD (approx 5-6 months)    
Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
Spouse will not receive Green Card for many months after Adjustment of Status is filed.

 

CR-1    
Less expensive than K-1    
No Adjustment of Status  (I-485, I-131, I-765) required.    
Spouse can immediately travel outside the US    
Spouse is authorized to work immediately upon arrival.    
Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. 

My Final Analysis:  If you can marry your fiance in his/her country or outside the US, CR-1 is a much, much better option

What about children if there are any? I thought the K1 had some advantages there

[Crazy Cat 41,979]

1 minute ago, little immigrant said:

What about children if there are any? I thought the K1 had some advantages there

You are correct, but I am not knowledgeable with the children & age factor..  I guess I need to learn that aspect and include it...thanks.

[payxibka 10,045]

18 minutes ago, missileman said:

You are correct, but I am not knowledgeable with the children & age factor..  I guess I need to learn that aspect and include it...thanks.

Stepparent relationship needs to be created before the age of 18 to file an i130.  K2 derivative is 21 I think but don't quote me.   There is a possible age out concern for the k2

Edited December 20, 2018 by payxibka

[Meadows2301 0]

Thank you for the responses, however I still feel a bit confused.

 

I am reading a bit of contradictions. It shouldn't affect the K1 but also that It might? Anyway we can find out for sure?

 

Can I apply now for K1 without it looking suspicious? The only reason she stayed 4 weeks was because I had a surprise surgery (appendix) and she didn't want to leave my side. Plus the customs agent was shocked at the 1 week and said "look, I am giving you 6 months" and circled it. She was definitely aware fo the annotations. We thought (wrongfully) that she had 6 months.

 

I feel guilty because now she looks like a lair and she didn't lie! We had a one week ticket and everything. The C/O didn't care and didn't even want to hear anything. She was mad and kept calling her a liar. Despite her saying you didn't break any rules, but claims she lied to her co-worker (the C/O who initially gave her the one week visa)

Edited December 20, 2018 by Frank19869

[Meadows2301 0]

11 hours ago, Paul & Mary said:

 

 

She ineligible for a tourist visa.  A waiver can be sought. That can take over a year.

 

The annotation is what is followed for the maximum length of stay.  She could have applied for a longer stay after she landed but not at the initial inspection.  https://www.uscis.gov/visit-united-states/extend-your-stay

 

The agent was either didn't "see" the annotation or probably  too busy to change the stamp as 6 months is the typical time allowed. They can not change the prima facia of the visa.  

 

Also for your K-1 you don't really need to wait for her to finish her doctorate, unless you want to wait even longer.

Just to be clear, it wasn't just the stamp. The i94 site said 6 months. But she only stayed 4 weeks. She did not over stay her visa. Just the annotations part. Which the border agent did acknowledge, and said, i'm going to give you 6 months and circled it as she thought it was strange to give a one time entry, 1 week entry visa. Guess she liked her, I don't know.

[Ksenia_O 696]

4 hours ago, payxibka said:

Stepparent relationship needs to be created before the age of 18 to file an i130.  K2 derivative is 21 I think but don't quote me.   There is a possible age out concern for the k2

You are right - K2 is up to 21 , can follow to join.

A K-2 has to enter the US before he/she turns 21. Even if a K2's 21 birthday the next day after arrival , a K-2 is safe and  can AOS through a K-1 parent. The age gets 'frozen" at the moment a K-2 entered the US. 

[payxibka 10,045]

10 minutes ago, Ksenia_O said:

You are right - K2 is up to 21 , can follow to join.

A K-2 has to enter the US before he/she turns 21. Even if a K2's 21 birthday the next day after arrival , a K-2 is safe and  can AOS through a K-1 parent. The age gets 'frozen" at the moment a K-2 entered the US. 

Exactly what I remember.   If the k2 is about to age out, do the time the Visa expiration date to the 21 birthday?

[Just Paul 4,595]

32 minutes ago, Frank19869 said:

i'm going to give you 6 months and circled it as she thought it was strange to give a one time entry, 1 week entry visa

Not to get into the weeds too much here but the border agent can't override the annotation.   Examples out there are:

 

F1- Phoenix College, Phoenix Arizona, N000000000, Valid 30 days prior to start date.  Tho border agent can't let them in 45 days early and it is void if you change schools.

J1 - Center for XXXXX Subject to two year residence rule.  

CR1 - Valid only if acc/ftj father/mother/spouse.   You have too be with the holder when they cross or after the petitioner is in the county.

K1- Fiancee  of John Doe -  The border agent can't change who the petitioner is.

 

If there is an error it has to be fixed by the Department of State.

 

And yes the CR1 is better of you have the time.

[Ksenia_O 696]

9 minutes ago, payxibka said:

Exactly what I remember.   If the k2 is about to age out, do the time the Visa expiration date to the 21 birthday?

I'm not sure about that...

 

I think they, probably, follow the same protocol as for a K-1 -  a visa valid for 6 months since  medical exam.  Maybe not -  just my thoughts. 

 

 Once  a K-2 turns 21, he/she  won't be let in to the US at POE anyway, even if a visa still valid.

Edited December 20, 2018 by Ksenia_O

[Georgia16 2,858]

38 minutes ago, Ksenia_O said:

I'm not sure about that...

 

I think they, probably, follow the same protocol as for a K-1 -  a visa valid for 6 months since  medical exam.  Maybe not -  just my thoughts. 

 

 Once  a K-2 turns 21, he/she  won't be let in to the US at POE anyway, even if a visa still valid.

Agree here. They will not date a K-2 after the 21st birthday as it will then not be valid since the K-2 have to enter before the 21st birthday.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.