Advice on abandoned K1 visa now disrupting renewal of B-1/B-2 visa :(

[Nay2223 3]

I just need advice. We filed for the K-1 visa in May 2020 - it was approved in February 2021 and was at the NVC stage for months. We decided to forget that route and get married and I filed for the spousal visa in July 2021 (still in review by USCIS). 

 

There was a mixed commentary on whether I should formally withdraw the K-1 or just abandon it because it's void anyway once you get married. But now that my husband is trying to renew his B-1/B-2 visa we are worried that they'll see the K-1and it will be denied. He was denied renewal already in Nigeria because the K1 was still on record - even though I had sent an email to an NVC to withdraw it! He has since moved to Canada and is a permanent resident of Canada. He is now in Canada trying to renew his B-1/B-2 visa and I'm worried this will happen again because the K1 that I tried to withdrawal is now at the consulate in Lagos! My plan is to get a notarized letter and fax it to the consulate in Nigeria today,  but is this gonna be another red flag? We've done everything by the books and I'm having trouble navigating the system because I don't know how to explain that he is not going to come here and adjust status. He is employed and will return to work and we will continue to wait for things to be processed on their time I just really need him here in April.

 

I just don't know what to do now. If I send the letter to cancel the K-1 in hopes that that will clear up any red flags on his renewal is this something that will be another red flag? Any advice is helpful. 

 

Thank you

[Marieke H 2,314]

I think it will be very difficult for him to renew his B visa, not just because of the K-1 visa but also because of the pending spousal visa. It sounds like he moved to Canada not too long ago, so he likely does not have very strong ties there that would show that he would return to Canada after a visit. He clearly has immigrant intent in the long term, so it will be hard to convince a consular officer that he only wants to visit for now.

 

Do you have the option to go visit him in Canada while the spousal visa is being processed? I think that would be an easier way to spend time together instead of him trying to visit you.

[Mike E 11,723]

The pending K-1 was a strong indication of immigration intent and that is likely why his B-1/B-2 visa was denied. You now of an I-130 pending for him which is an even stronger  indication of immigration intent. 

His ties to Nigeria are weak because he is a PR of Canada.  
 

His ties to the USA are strong because he has an American spouse who had a pending I-130. 
 

It is not probable he will get a B-1/B-2 visa. 

 

[Crazy Cat 39,280]

19 minutes ago, Nay2223 said:

There was a mixed commentary on whether I should formally withdraw the K-1

That is very strange.  The proper thing to do was to formally withdraw it.....by simply contacting USCIS and/or the consulate.  However, once you married, the K-1 was voided.  All visitors, with or without immigrant intent, are already assumed to have immigrant intent.  Your withdraw won't clear up red flags since there is a pending I-130.  The ONLY way to overcome assumption of intent is to show strong ties to his home country or Canada.

Edited March 10, 2022 by Crazy Cat

[Crazy Cat 39,280]

I would not expect a successful B2 renewal....but good luck.

[Boiler 43,452]

When is his B appointment?

[Nay2223 3]

3 minutes ago, Marieke H said:

I think it will be very difficult for him to renew his B visa, not just because of the K-1 visa but also because of the pending spousal visa. It sounds like he moved to Canada not too long ago, so he likely does not have very strong ties there that would show that he would return to Canada after a visit. He clearly has immigrant intent in the long term, so it will be hard to convince a consular officer that he only wants to visit for now.

 

Do you have the option to go visit him in Canada while the spousal visa is being processed? I think that would be an easier way to spend time together instead of him trying to visit you.

 

1 minute ago, Mike E said:

The pending K-1 was a strong indication of immigration intent and that is likely why his B-1/B-2 visa was denied. You now of an I-130 pending for him which is an even stronger  indication of immigration intent. 

His ties to Nigeria are weak because he is a PR of Canada.  
 

His ties to the USA are strong because he has an American spouse who had a pending I-130. 
 

It is not probable he will get a B-1/B-2 visa. 

 

Thank you, this is what we've certainly been coming to terms with. We planned a wedding ceremony for April (knowing the risks!), but still trying to remain optimistic. At this point I want to send the letter formally withdrawing the K-1 -- but with the spousal still in the USCIS stage is this something that they're able to see? During the renewal interview for B1/B2 they only mentioned the K1 as it was in NVC then, but no mention of a pending spousal in USCIS.

 

I was also advised to write a letter assuring that he's not traveling on this visit with intent to immigrate (with the receipts and all that stuff showing that we planned the ceremony). Everything I've read doesn't indicate that this is worth my energy but I was advised to try this anyway. I know the prospects are grim and that the financial loss of this risk is coming - but I want to know that I've done all the things I can. 

[Nay2223 3]

1 minute ago, Boiler said:

When is his B appointment?

He did a dropbox renewal in Canada last week, so pending a response right now. No interview scheduled just yet but can anticipate a response we are thinking by tomorrow

[Boiler 43,452]

Probably can not do any harm, they will know he is married to you and you are in the US.

 

They tend to be more focussed on why he needs to leave

1 minute ago, Nay2223 said:

He did a dropbox renewal in Canada last week, so pending a response right now. No interview scheduled just yet but can anticipate a response we are thinking by tomorrow

If he needs to be interviewed that will be a year or so out.

[Nay2223 3]

11 minutes ago, Crazy Cat said:

That is very strange.  The proper thing to do was to formally withdraw it.....by simply contacting USCIS and/or the consulate.  However, once you married, the K-1 was voided.  All visitors, with or without immigrant intent, are already assumed to have immigrant intent.  Your withdraw won't clear up red flags since there is a pending I-130.  The ONLY way to overcome assumption of intent is to show strong ties to his home country or Canada.

Thank you for this. I contacted NVC to withdrawal and the message seemed to have been ignored. Admittedly, it was later than it should have been, but to your point that once we got married I understood that the K-1 was voided. With the approved K-1 in Lagos and him now in Canada trying to renew the B1/B2 AND spousal in USCIS stage I do now understand low chance of him here in April. Any idea if spousal affected in anyway? I'd hate to mess up everything because of this.

[Mike E 11,723]

1 minute ago, Nay2223 said:

Any idea if spousal affected in anyway? 

There should be no effect 

[arken 4,197]

1 hour ago, Nay2223 said:

contacted NVC to withdrawal and the message seemed to have been ignored

Don't focus on K1 withdrawal it has zero impact on the B2 visa renewal. The marriage will of course be disclosed in DS160 for visa renewal so they know K1 is dead whether withdrawn or not. Withdrawn doesn't mean the record disappears.

 

1 hour ago, Nay2223 said:

was also advised to write a letter assuring that he's not traveling on this visit with intent to immigrate

Pointless to provide such letter. You cannot guarantee that.

 

1 hour ago, Nay2223 said:

but with the spousal still in the USCIS stage is this something that they're able to see?

Yes in the sense they would be aware (not actually see) because he would say Yes to the question on DS 160 - "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" Make sure it is answered Yes otherwise it would be considered lying and it is not good.

 

Since renewal is already applied for, just need to wait, no need to do anything you mentioned that will have no impact.

 

 

Edited March 11, 2022 by arken

[Redro 4,600]

1 hour ago, Nay2223 said:

I just need advice. We filed for the K-1 visa in May 2020 - it was approved in February 2021 and was at the NVC stage for months. We decided to forget that route and get married and I filed for the spousal visa in July 2021 (still in review by USCIS). 

 

There was a mixed commentary on whether I should formally withdraw the K-1 or just abandon it because it's void anyway once you get married. But now that my husband is trying to renew his B-1/B-2 visa we are worried that they'll see the K-1and it will be denied. He was denied renewal already in Nigeria because the K1 was still on record - even though I had sent an email to an NVC to withdraw it! He has since moved to Canada and is a permanent resident of Canada. He is now in Canada trying to renew his B-1/B-2 visa and I'm worried this will happen again because the K1 that I tried to withdrawal is now at the consulate in Lagos! My plan is to get a notarized letter and fax it to the consulate in Nigeria today,  but is this gonna be another red flag? We've done everything by the books and I'm having trouble navigating the system because I don't know how to explain that he is not going to come here and adjust status. He is employed and will return to work and we will continue to wait for things to be processed on their time I just really need him here in April.

 

I just don't know what to do now. If I send the letter to cancel the K-1 in hopes that that will clear up any red flags on his renewal is this something that will be another red flag? Any advice is helpful. 

 

Thank you

Are you sure your husband qualifies for renewal of B1/B2 with interview waiver? 

Here in Korea one of the factors allowing you to renew without interview is: "I have had no refusals for a visa since my most recent visa issuance". 

I can't find the rules for visa renewals on the US Embassy Canada website but the denial in Nigeria might impact his ability to renew his visa not just the previous K1 application and the existing I-130 at USCIS. 

 

Edited March 11, 2022 by Kor2USA

[Ontarkie 13,918]

~~Moved to Tourist Visas, from K1 P&P - as the OP is asking about the likelihood of a tourist visa~~

[SalishSea 16,776]

4 hours ago, Nay2223 said:

I just need advice. We filed for the K-1 visa in May 2020 - it was approved in February 2021 and was at the NVC stage for months. We decided to forget that route and get married and I filed for the spousal visa in July 2021 (still in review by USCIS). 

 

There was a mixed commentary on whether I should formally withdraw the K-1 or just abandon it because it's void anyway once you get married. But now that my husband is trying to renew his B-1/B-2 visa we are worried that they'll see the K-1and it will be denied. He was denied renewal already in Nigeria because the K1 was still on record - even though I had sent an email to an NVC to withdraw it! He has since moved to Canada and is a permanent resident of Canada. He is now in Canada trying to renew his B-1/B-2 visa and I'm worried this will happen again because the K1 that I tried to withdrawal is now at the consulate in Lagos! My plan is to get a notarized letter and fax it to the consulate in Nigeria today,  but is this gonna be another red flag? We've done everything by the books and I'm having trouble navigating the system because I don't know how to explain that he is not going to come here and adjust status. He is employed and will return to work and we will continue to wait for things to be processed on their time I just really need him here in April.

 

I just don't know what to do now. If I send the letter to cancel the K-1 in hopes that that will clear up any red flags on his renewal is this something that will be another red flag? Any advice is helpful. 

 

Thank you

He has clear immigrant intent.  Very doubtful he would be approved for a B visa, even if there had never been a pending K-1.

 

Not sure why you think you need a notarized letter.....?  A regular email to Lagos, explaining the K-1 withdrawal, should suffice.