Exemption to Leave on K1 Denied

[Stingbass 7]

Hello all,

 

My fiancé recently received her approved K1 visa last week (YAY!) and we've been intending to fly her over here ASAP as it has been 15 months since we've seen each other. We submitted the request for exemption to border patrol and were denied on the "traveling for 3 months or more" grounds (although they did say that we were reviewed for all options). We provided a copy of the visa, the letter from the embassy which states that she will be staying in the United States for an extended amount of time, and a signed statutory declaration which explained our request for travel. They told us we could re-apply with more information if circumstances change... I did not want to book a non-refundable flight without confirmation that she could leave but one of the documents that can be included for evidence is a flight itinerary. I'm debating booking a one way flight, including a copy of that itinerary which will also show that she has 3 checked bags to carry all of her belongings (we aren't shipping anything). Additionally, I just signed up for a 2 bedroom apartment for us so I will get that lease and have her signed on as a renter for a 1 year lease. Is there anything else that you would include or attach that would provide compelling evidence to border patrol? She has no job to show she's leaving because she's quit that ages ago while waiting for the visa... She has no lease or house in Australia because she has lived with family while waiting for the visa to be completed. She is truly fully dependent on me financially until she is allowed to come over here and eventually be granted work permission. 

 

Any thoughts are greatly appreciated! I'm still a little shocked that we were denied...

[AishaniA93 108]

1 hour ago, Stingbass said:

Hello all,

 

My fiancé recently received her approved K1 visa last week (YAY!) and we've been intending to fly her over here ASAP as it has been 15 months since we've seen each other. We submitted the request for exemption to border patrol and were denied on the "traveling for 3 months or more" grounds (although they did say that we were reviewed for all options). We provided a copy of the visa, the letter from the embassy which states that she will be staying in the United States for an extended amount of time, and a signed statutory declaration which explained our request for travel. They told us we could re-apply with more information if circumstances change... I did not want to book a non-refundable flight without confirmation that she could leave but one of the documents that can be included for evidence is a flight itinerary. I'm debating booking a one way flight, including a copy of that itinerary which will also show that she has 3 checked bags to carry all of her belongings (we aren't shipping anything). Additionally, I just signed up for a 2 bedroom apartment for us so I will get that lease and have her signed on as a renter for a 1 year lease. Is there anything else that you would include or attach that would provide compelling evidence to border patrol? She has no job to show she's leaving because she's quit that ages ago while waiting for the visa... She has no lease or house in Australia because she has lived with family while waiting for the visa to be completed. She is truly fully dependent on me financially until she is allowed to come over here and eventually be granted work permission. 

 

Any thoughts are greatly appreciated! I'm still a little shocked that we were denied...

I’m so sorry to hear  did you send the actual visa copy (as in a photocopy of the visa in the passport)? Try sending that again plus a copy of the NOA2 and also maybe visa conditions showing that she can’t leave the US as that will render the K1 process void. That has worked for a few people. The lease is a good option too. Did she talk to her former work about moving hence her reason for quitting? Maybe she mentioned it in her resignation letter? 
 

I’m still months away from the process but damn this exemption thing has me more stressed than the actual filing process. 
 

good luck  

[Mike E 11,723]

options:
 

1. Book  a fully refundable ticket for cash.

 

2. Book  a ticket using frequent flyer miles and then if the flight doesn’t work out, pay a fee to redeposit the miles.  
 

If don’t have miles it is pretty easy to get them.  United for example sells them for 40 percent off and will let you buy up to 175,000 of  them directly for $3675.  If that isn’t enough you can book a flight, then buy extra miles, then cancel within 24 hours.  Book a long distance itinerary to get the maximum miles.  

[Adventine 3,187]

I'm curious, did you make it explicitly clear in the initial application that your fiancée was leaving Australia to immigrate to the US? It could be a simple case of someone in the Australian bureaucracy not knowing exactly what a K1 visa is for.

[Stingbass 7]

5 hours ago, Mike E said:

options:
 

1. Book  a fully refundable ticket for cash.

 

2. Book  a ticket using frequent flyer miles and then if the flight doesn’t work out, pay a fee to redeposit the miles.  
 

If don’t have miles it is pretty easy to get them.  United for example sells them for 40 percent off and will let you buy up to 175,000 of  them directly for $3675.  If that isn’t enough you can book a flight, then buy extra miles, then cancel within 24 hours.  Book a long distance itinerary to get the maximum miles.  

That’s a really good idea on buying the miles and then using those for the flights. Thank you Mike. 

[Stingbass 7]

21 minutes ago, Adventine said:

I'm curious, did you make it explicitly clear in the initial application that your fiancée was leaving Australia to immigrate to the US? It could be a simple case of someone in the Australian bureaucracy not knowing exactly what a K1 visa is for.

Unfortunately we did specifically say she was intending to immigrate and she will not be returning. We even included some information on what we’ll be doing once she gets here to change status and eventually apply for a green card so they understood it was intended to be permanent. 

[Adventine 3,187]

1 minute ago, Stingbass said:

Unfortunately we did specifically say she was intending to immigrate and she will not be returning. We even included some information on what we’ll be doing once she gets here to change status and eventually apply for a green card so they understood it was intended to be permanent. 

 

That is such a shame. When you refile for the exemption, it may also be worth escalating your request (however that works in the AUS system) so that a supervisor can take a second look.

[Stingbass 7]

7 hours ago, AishaniA93 said:

I’m so sorry to hear  did you send the actual visa copy (as in a photocopy of the visa in the passport)? Try sending that again plus a copy of the NOA2 and also maybe visa conditions showing that she can’t leave the US as that will render the K1 process void. That has worked for a few people. The lease is a good option too. Did she talk to her former work about moving hence her reason for quitting? Maybe she mentioned it in her resignation letter? 
 

I’m still months away from the process but damn this exemption thing has me more stressed than the actual filing process. 
 

good luck  

Hi Aishani, thanks for your response! We did include a copy of the visa itself but the idea on the visa conditions might be helpful. We thought that indicating that it was intended to be a permanent immigration would’ve been enough but apparently not. Funny enough, we contacted the US embassy after being denied for guidance and they said that the letter that we submitted that they provided to us had been 100% successful in getting clearance... unfortunately we don’t have the resignation letter or anything she can use there but hopefully with some more clarification on our situation and more evidence of her intention to remain here, we’ll be allowed to get her on a plane. 

[Mike E 11,723]

1 minute ago, Stingbass said:

That’s a really good idea on buying the miles and then using those for the flights. Thank you Mike. 

Thanks.  
 

i did exactly what I wrote for my fiancée and I when we were in a Burma.  I had used miles for my return trip so that the airline in Hing Kong would let me board the flight to Burma (not knowing when I would be leaving Burma).  
 

Then after the K-1 interview the visa was in hand 2 eeeks later.  Found two one way tickets on Star Alliance / United to SFO and used miles to pay (much cheaper than paying cash for last minute one way business class). I canceled my original return flight once back in the USA: no deposit fee as they were American Airlines miles and I have enough status on AA for dedepoait fees to be waived.  

[Duke & Marie 1,389]

I’d tell them she’s migrating highlighting the Migrating part, just add the k1 visa with it along with it to support

[SalishSea 16,771]

OP, I'd print out the relevant portions of the INA that describe the conditions of the K-1,  highlighting the bits about AP and AOS, to emphasize that it is in fact an immigrant visa.  You could also include your original letters of intent to marry.

[Lemonslice 4,554]

She should also reach out to her elected official(s) for support.

[Charlie_SK 4]

17 hours ago, Stingbass said:

Hello all,

 

My fiancé recently received her approved K1 visa last week (YAY!) and we've been intending to fly her over here ASAP as it has been 15 months since we've seen each other. We submitted the request for exemption to border patrol and were denied on the "traveling for 3 months or more" grounds (although they did say that we were reviewed for all options). We provided a copy of the visa, the letter from the embassy which states that she will be staying in the United States for an extended amount of time, and a signed statutory declaration which explained our request for travel. They told us we could re-apply with more information if circumstances change... I did not want to book a non-refundable flight without confirmation that she could leave but one of the documents that can be included for evidence is a flight itinerary. I'm debating booking a one way flight, including a copy of that itinerary which will also show that she has 3 checked bags to carry all of her belongings (we aren't shipping anything). Additionally, I just signed up for a 2 bedroom apartment for us so I will get that lease and have her signed on as a renter for a 1 year lease. Is there anything else that you would include or attach that would provide compelling evidence to border patrol? She has no job to show she's leaving because she's quit that ages ago while waiting for the visa... She has no lease or house in Australia because she has lived with family while waiting for the visa to be completed. She is truly fully dependent on me financially until she is allowed to come over here and eventually be granted work permission. 

 

Any thoughts are greatly appreciated! I'm still a little shocked that we were denied...

Hello! Fellow Aussie here who successfully got an exemption. I applied about 4 times with pretty much identical information each time and was finally approved on the last try. I definitely recommend trying some of the other things that people have suggested but ultimately just continue to submit a request until it's granted. For some reason they grant an exemption sometimes and not others even if it's for the exact same reason with the exact same information. It's about as efficient and logical as the K1 process.....

[Stingbass 7]

4 hours ago, Charlie_SK said:

Hello! Fellow Aussie here who successfully got an exemption. I applied about 4 times with pretty much identical information each time and was finally approved on the last try. I definitely recommend trying some of the other things that people have suggested but ultimately just continue to submit a request until it's granted. For some reason they grant an exemption sometimes and not others even if it's for the exact same reason with the exact same information. It's about as efficient and logical as the K1 process.....

Congrats on your exemption! I wish I could say this made me feel better, but I'm not sure it does hahaha. We just re-submitted everything with tons of additional information. I'm hoping we get it on the second go with information on our apartment lease and a one way flight receipt. We shall see in a day or two... fingers crossed.

[Vamp.nz 23]

Im sorry that has happened. Sounds pretty bloody disgusting to me. The other way is maybe fly to NZ thru the bubble then fly out to LA from NZ. I’m shocked Aussie’s put up with this ####### from their govt. 

I can tell ya if Nz what’s her face tried to stop me she would get a bunch of US Lawyers sueing her so hard she wouldn’t sit for weeks