mackad93

5 hours ago, SusieQQQ said:

You can either:

- contact the embassy to confirm the status of your visa and/or apply for a new one

- attempt to enter the US on your existing one and face the risk of being denied entry.

 

As already stated, it’s standard practice to cancel without prejudice existing B visas when a K or an immigrant visa is issued. Even if the visa in your passport doesn’t bear the stamp, it may still be cancelled in the system. When we got our immigrant visas we were told our then existing B visas would be cancelled, and I presume they were, but the pages in our passports were not stamped.

well it is really frustrating because I emailed embassy about it in October and that was their response " 

Thank you for your email.

The validity period of a visa relates to the period of time in which the visa holder can travel to a United States Port of Entry to apply for admission. The visa validity period does not determine the length of stay, and the visa does not need to be valid for the entire length of stay. 

If a visa states ‘M’ then this refers to multiple entry, indicating that the holder may travel to a U.S. Port of Entry to apply for admission while the visa remains valid, provided that the purpose of travel is consistent with the classification of visa.  Please visit our website at https://uk.usembassy.gov/visas/visa-directory/ for information about visa classifications and https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/ for additional information about visa validity, including about additional requirements if the visa is in an expired passport.

Please be aware that the final determination on each individual’s eligibility for admission to the United States is a matter for U.S. immigration officials at the Port of Entry.  No assurances can be given in advance."

and today I called them I tried to get some information but I've been told that I can only email about this and people who are reading these emails can look through my files so I e-mailed again and they replied quite quickly sending exactly the same " ready to send " answer : " 

Thank you for your email.

If a visa states ‘M’ then this refers to multiple entry, indicating that the holder may travel to a U.S. Port of Entry to apply for admission while the visa remains valid, provided that the purpose of travel is consistent with the classification of visa.  Please visit our website at https://uk.usembassy.gov/visas/visa-directory/ for information about visa classifications and https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/ for further information about visa validity, including about additional requirements if the visa is in an expired passport.

Please be aware that the final determination on each individual’s eligibility for admission to the United States is a matter for U.S. immigration officials at the Port of Entry.  No assurances can be given in advance. "

so basically there's no way I can get this answer straight back to me based on my files, you can't call the embassy, and whoever is replying to the e-mails has a ready to send answer. so I still don't know if I can travel on my B2 visa 

10 minutes ago, geowrian said:

The K-1 visa granted an I-94 at POE (when you entered the country) valid for 90 days. That was your period of legal status.

Filing the I-485 granted an authorized stay while the case was pending.

Any time period between the expiration of the I-94 and when you filed for AOS would be unlawful presence.

Once you withdrew the application, they granted a 33 day grace period for any additional unlawful presence.

 

At 1 day of unlawful presence, the visa was cancelled.

Had you had accrued 180+ days of unlawful presence (i.e. time after the I-94 expiration + any time stayed after those 33 days of a grace period), then this would result in a 3 or 10 year ban (depending on exactly how long). This ban doesn't doesn't fit your circumstances, but I'm just pointing out how any previous unlawful presence continues after the grace period.

well I really do appreciate all of the answers, thank you. I’m still gonna try to contact US Embassy in London which won’t be easy, but I think that’s the only option to get in touch with someone from the embassy who can look straight into my files. 

15 minutes ago, geowrian said:

Understood.

It sounds like you accrued at least 1 day of unlawful presence based on the timeline you provided. Assuming that is the case, then the existing visa is automatically cancelled by law. No physical revocation occurs unless you submit the passport to the embassy staff or CBP.

As such, it sounds like you need a new visa.

just don’t understand you saying “ at least 1 day of unlawful presence “ since everything was done legally. I got married within the 90 days and send the paperwork to the USCIS within the 90 days, which was accepted and in the process. 

same with me leaving, everything was done legally USCIS was informed by a letter that I won’t be continuing with the AOS process and I got the letter from they saying they received it and they won’t be continuing with that process so I can leave and I have 33 days to do that because then it would be called an unlawful presence. And I left before my partner even got this letter just to avoid any issues with law. so I’m confused by unlawful presence sentence 

6 minutes ago, geowrian said:

No worries. haha It just confused me.

 

Tough one. My understanding is technically they are supposed to count the date of delivery. So if that was on day 90 or less, it should be good to avoid any unlawful presence, and therefore does not cancel the visa automatically (although that leaves the question of its validity uncertain). Day 91 or later is a definite no.

INA 222(g)  https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5161.html

"In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay. "

right I’m trying to understand that but it’s hard for me when it comes to all of those smart government language- sorry

I have my B2 visa since 2016 and I already entered USA as a tourist back then. 

in May this year after getting my K1 in February I went to USA to be with my partner I entered obviously on K1 which has one entry and I did stay longer than 90 days in USA but I got married ( and im still legally married but for now in a complicated situation ) and I was in the middle of AOS process which we both cancelled and I left straight away since USCIS gives you 33 days to leave the country saying to in the future you’ll be able to apply for other visas- not the point

my B2 never was cancelled in front of me no one never stamped anything on it or did anything with it and as everyone knows that visa is valid for 10 years. 

now when USCIS cancelled my K1 visa I have no green card or anything like that only my B2 apparently valid till 2026 all I want to know is if I can travel again to United States as a tourist. I tried to get this info from the US embassy in London but they didn’t answer my question in the email so I’m kinda confused and I don’t know what to do ...

2 minutes ago, geowrian said:

That's 5 months....?

omg ... I'm sorry I meant August 

9 minutes ago, geowrian said:

3 months = 90 days? Or was it 91 or more days? It might sound silly, but the exact dates matter...just 1 day over and the visa is automatically cancelled by law.

Three months with a February might be < 90 days. 3 months not covering February with at least 1 month of 31 days would put it into 91+ days.

I arrived in US on 22nd of May, USCIS received my paperwork on 22nd of August means they got my documents 92days after my arrival ;( we were doing everything through RapidVisa.com 

4 minutes ago, geowrian said:

"Bit later" = within 90 days from entry?

The reason I am focusing on this is if you filed for AOS after the 90 days then the visa is definitely void due to an overstay.

It still may be cancelled as well...but no way to know for sure without either contacting the embassy/consulate or traveling to the US.

USCIS received my paperwork exactly 3 months later after my arrival, after that I was just waiting for all of the paperwork from them if that makes any sense. 

3 minutes ago, geowrian said:

SOP is to cancel any other NIV when they issue a K-1 visa. However, this is not always the case.

Did you marry and file for AOS all within 90 days of entry on the K-1 visa?

yes we did marry the day after my arrival and then a bit later we applied for AOS, but like I said we cancelled the AOS process then I left USA after process was confirmed as officially stopped - meaning I never received my social, travel or work permit. 

2 minutes ago, Jorgedig said:

What does the previous B visa look like in your passport?  Did they stamp it?  My husband's was cancelled by the consulate when he received his K-1 I believe.

Nope no stamps, when I entered US in May, they crossed out my K1 visa and put a stamp next to it with a date when it expires I guess, but no one didn’t look or stamp anything on my B1/B2 visa, the only stamp that’s in there is next to it on the other page from previous visits before I got my K1 issued. 

Hey Guys

I’m really not good with forums and topics and research in general, so if someone else asked this question before please don’t hate, I’m really trying my best to find an answer to my question and I can’t. 

long story short: 

I have my B1/B2 visa valid till 2026, after getting my K1 and moving to States in May this year me and my ex partner both realised that sadly our relationship won’t survive. We cancelled K1 visa / adjustment of status in October by sending a letter to USCIS and getting back from them a confirmation letter saying that whole process is officially stopped so I moved back to United Kingdom. 

I need a B1/B2 tourist visa because I’m from Poland but I live in UK. My question: after cancelling my K1 visa / AOS,, can I travel to United States again as a tourist on my B1/B2 visa that is still or should be valid for the next 8 years? 

I’ve seen people saying that tourist visas are cancelled after K1 is issued but what if I cancel my K1 what happens? Is it really cancelled or just put on hold?  I’m planning on going for holiday to USA in January and I wanted to make sure there won’t be any issues. 

Thanks very much in advance for any kind of help.