Jump to content
SteveInBoston

Likelihood of Tourist Visa for K1 approved but abandoned

26 posts in this topic

Recommended Posts

My fiance is getting both homesick and has anxiety about marriage.  Our relationship is good - great, actually, but she doesn't want to get married now.  She wants to go back to her home in the next two months (within the 90 day window) and travel back to visit me later on a tourist visa.  We may possibly marry later this year over there and apply for a CR-1.

 

What is the likelihood for her getting approved for a tourist visa?  On the downside she is single with no strong ties to her country.  On the upside she has a history of travelling as a tourist and would have voluntarily returned from the US when she had a chance to immigrate on the K-1 visa.

 

Also, if she is approved I assume the same rule of thumb about staying away from the US for twice as long as she visits applies?  That is, after 2 months here on the K-1, she should stay away for 4 months before returning for 2-3 months as a tourist?

 

 

Edited by SteveInBoston
typo

Share this post


Link to post
Share on other sites

Highly unlikely that she'd get a tourist visa.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites

It is not a chance based process, depends on her specifics.

 

What sort of job would she have that gave her so much vacation?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

If she can show strong ties to her country, there is always a possibility (maybe not a strong one)  of getting a tourist visa in the future......but she should not overstay her I-94 .

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

Share this post


Link to post
Share on other sites

Demonstrated immigrant intent in the past by getting a K-1. Still has immigrant intent (they want to marry & file for CR-1). How to prove that there is no immigrant intent when there, in fact, IS?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Share this post


Link to post
Share on other sites
4 minutes ago, EM_Vandaveer said:

Demonstrated immigrant intent in the past by getting a K-1. Still has immigrant intent (they want to marry & file for CR-1). How to prove that there is no immigrant intent when there, in fact, IS?

It would definitely be an uphill battle, imo....


                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
  • "..case ready to be scheduled for interview" on 5/29/2019
 

Share this post


Link to post
Share on other sites
1 hour ago, Boiler said:

It is not a chance based process, depends on her specifics.

 

What sort of job would she have that gave her so much vacation?

She has a job?


YMMV

Share this post


Link to post
Share on other sites

It is gong to be based on her ties to her home country.    She already has shown immigrant intent be coming in a K1.  Definitely possible, but not a probable success unless some time has passed and she has great ties.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites

Thank you for the responses.

 

So, by being here on an approved K-1 but not marrying and returning before her I-94 expires is a negative for a future tourist visa because of immigrant intent?

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

The future wedding thing is not set.  She is not ready yet for the final commitment and want to take more time until she is sure.I am not entirely sure why - we love each other and she loves being with me...but that is a topic for another type of forum or counseling. 

Share this post


Link to post
Share on other sites

Well, she applies and finds out.. we could speculate all day, but a CO decides whether or not an abandoned K1 could lead to a B2.


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
1 hour ago, SteveInBoston said:

P

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

 

Well, I’d ageee with your fiancée on this one, personally. Only way to know for sure is apply.

Share this post


Link to post
Share on other sites

You have mentioned one semi positive actor, not decided on one factor, how do you expect people to make sensible comments based on one factor.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Very unlikely, that she'll get a B2. 
She's already here, make sure she doesn't overstay her K-1 I-94.
You guys can always do CR-1 later on, but remember that it'll take again, 12-14months. SO that'll add up to 2years of wasted time apart (incl K-1 NOA2 wait). IMHO sit down and talk, now it's the time to do that. I Hope you can figure it out, because if this is a big hurdle for her to overcome, and she's not ready for the commitment, in my view, she won't be ready to do CR-1 anytime soon, and on top of that she'll have 85% chance that her B-2 application will be denied.
With all my sympathy i would talk openly and find a way of being/not being together. Homesickness won't go away, ever. It might get to a point where you feel like home, but in the back of your head, those thoughts still linger, especially if you're alone for a while. The thing might be, that emigration/immigration might not be for her.
I'm not judging, or telling to leave, or force her to marry you. that's just my opinion, talk it out, show all the cards, and take it from there. We can only advise you two what to do legally more or less, emotionally, only you two can choose whats right, whats wrong.

Best Regards

P.

Share this post


Link to post
Share on other sites
4 hours ago, SteveInBoston said:

Thank you for the responses.

 

So, by being here on an approved K-1 but not marrying and returning before her I-94 expires is a negative for a future tourist visa because of immigrant intent?

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

The future wedding thing is not set.  She is not ready yet for the final commitment and want to take more time until she is sure.I am not entirely sure why - we love each other and she loves being with me...but that is a topic for another type of forum or counseling. 

Technically, she BROKE the rules because the K1 rules are to use it to enter the US AND get married to the US citizen petitioner within 90 days. 

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.
×
×
  • Create New...