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ELLENH

My fiance's B1/B2 visa was asked to go to embassy for cancellation

By ELLENH in K-1 Fiance(e) Visa Case Filing and Progress Reports

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ELLENH Contributor

ELLENH   3

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Filed: K-1 Visa Country: China
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Before i got the RFE last month, my fiance told me china embassy asked him to go to embassy because his B1/B2 will be cancelled.

My finance asked the reason, and he was told they didn't know the reason. I then had congressman send email to ask. However congressman's office didn't answer either

Does anybody have this experience before? 

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Boiler Grand Master

Boiler   44,986

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Filed: K-1 Visa Country: Wales
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Not personally but yes it does happen.

“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.”

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Boiler Grand Master

Boiler   44,986

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Filed: K-1 Visa Country: Wales
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3 minutes ago, ELLENH said:

do you know why they did that? they should have reason to do it, no?

I am sure they have a reason, and no doubt the reasons vary. One I remember was where the person had used it to give birth in the US.

“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.”

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ELLENH Contributor

ELLENH   3

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Filed: K-1 Visa Country: China
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4 minutes ago, Boiler said:

I am sure they have a reason, and no doubt the reasons vary. One I remember was where the person had used it to give birth in the US.

will it affect the K-1 Visa?

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Boiler Grand Master

Boiler   44,986

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Filed: K-1 Visa Country: Wales
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2 minutes ago, ELLENH said:

will it affect the K-1 Visa?

Not normally.

“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.”

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jaysaldi Collaborator

jaysaldi   213

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Filed: K-1 Visa Country: Cambodia
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Posted (edited)
23 hours ago, ELLENH said:

Before i got the RFE last month, my fiance told me china embassy asked him to go to embassy because his B1/B2 will be cancelled.

My finance asked the reason, and he was told they didn't know the reason. I then had congressman send email to ask. However congressman's office didn't answer either

Does anybody have this experience before? 

I suspect the embassy staff do now the reason but don't want to say what the reason is.

 

Isn't it likely that after they received  the K-1 visa application, they concluded that the fiance's  strong intent to immigrate to the USA overrides any ties to China and that he can no longer be trusted to visit the USA on the B1/B2 visa as a tourist and then return to China?

 

Now the question is, is that something they routinely do for all B1/B2 visas holders who file a K-1 visa, or is it a prelude to a denial? 

 

What was your RFE about and where are you in the process? Has he attended the interview?  How many times has he used the B1/B2 visa to visit the USA and for how long was each visit? 

 

It's hard to guess what is going on when your timeline isn't complete and without knowing anything about your situation. Why is your Congressman involved?

Edited by jaysaldi
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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Usually the visa holder at least has an idea of why they intend to cancel the visa.

Spending too much time in the US (even if not overstaying)?

Working?

Used public funds?

Criminal activity?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

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Boiler Grand Master

Boiler   44,986

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Filed: K-1 Visa Country: Wales
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Posted

Unusual for a B to be cancelled like this, certainly not standard practice.

“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.”

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ELLENH Contributor

ELLENH   3

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Filed: K-1 Visa Country: China
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Posted
7 minutes ago, geowrian said:

Usually the visa holder at least has an idea of why they intend to cancel the visa.

Spending too much time in the US (even if not overstaying)?

Working?

Used public funds?

Criminal activity?

 

7 minutes ago, Boiler said:

Unusual for a B to be cancelled like this, certainly not standard practice.

we don't have idea why it's cancelled. there is no criminal record on either side. My fiance has B1/B2 for many years. But he came to USA to visit me frequently last year than before. Because his son studies in Canada as a college student. So he came back and forth between Canada and USA many times during Thanksgiving and Christmas time. When my fiance asked the embassy the reason, he was told " not qualified" and nothing else. 

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jaysaldi Collaborator

jaysaldi   213

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Filed: K-1 Visa Country: Cambodia
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Posted
1 minute ago, ELLENH said:

 

we don't have idea why it's cancelled. there is no criminal record on either side. My fiance has B1/B2 for many years. But he came to USA to visit me frequently last year than before. Because his son studies in Canada as a college student. So he came back and forth between Canada and USA many times during Thanksgiving and Christmas time. When my fiance asked the embassy the reason, he was told " not qualified" and nothing else. 

Why did you get an RFE and has he interviewed for the K1 visa yet? Have you gotten an NOA2?

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Greenbaum Grand Master

Greenbaum   12,259

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Filed: Citizen (apr) Country: Philippines
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Posted
5 minutes ago, ELLENH said:

 

we don't have idea why it's cancelled. there is no criminal record on either side. My fiance has B1/B2 for many years. But he came to USA to visit me frequently last year than before. Because his son studies in Canada as a college student. So he came back and forth between Canada and USA many times during Thanksgiving and Christmas time. When my fiance asked the embassy the reason, he was told " not qualified" and nothing else. 

:time:

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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ELLENH Contributor

ELLENH   3

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Filed: K-1 Visa Country: China
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Posted
Just now, jaysaldi said:

Why did you get an RFE and has he interviewed for the K1 visa yet? Have you gotten an NOA2?

I didn't get NOA2 yet. RFE asked me to give financial support and more evidence for the relationship, such as engaged ceremony proof which we don't have because my father was sick and then virus spread out in China. But i sent engagement ring receipt, more chat records, travel records after application submitted. And my sister also wrote a letter to verify all family know we were engaged. I'm not sure if it's enough. I'm worried about it so much

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jaysaldi Collaborator

jaysaldi   213

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Filed: K-1 Visa Country: Cambodia
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Posted (edited)
2 minutes ago, ELLENH said:

I didn't get NOA2 yet. RFE asked me to give financial support and more evidence for the relationship, such as engaged ceremony proof which we don't have because my father was sick and then virus spread out in China. But i sent engagement ring receipt, more chat records, travel records after application submitted. And my sister also wrote a letter to verify all family know we were engaged. I'm not sure if it's enough. I'm worried about it so much

Are you Chinese? How long have you been American and how did you meet him? And why is your Congressman involved?

Edited by jaysaldi
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