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K-1 status confusion

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Filed: Timeline

Don't know if this is the right forum for this, but think it's relevant.

I'm currently planning to visit family in America over the summer and I need to apply for the ETSA thing. However question F on it has me a little stumped as how to answer. The question is Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? for reference.

The situation is that over 5 years ago a K-1 visa was filed on my behalf, engaged to fiancee, etc, you get the jist. Things were approved up until the point where I received the letter to schedule an appointment at the Embassy and Medical. However during this time after the letter arrived the engagement broke down and at this point I no longer wished to get married. I never scheduled an appointment at the Embassy or for a medical etc and heard nothing back from the Embassy regarding this.

Which way do you think I should answer on the ETSA form? I'm inclined towards No at the moment due to the fact I've never been denied a U.S. visa as I never attended an interview or medical, I've never been denied entry into the U.S. and I've never had a visa issued to be canceled. Or does my situation count as having one cancelled? Hopefully someone can shed some light on this for me, thank you.

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You've not been denied a visa then, as you never actually applied for the K1 (as I'm sure you know, the I-129f petition approval is simple an approval to allow you the possibility to apply for a visa, not an actual visa). Nor has it ever been cancelled (as you were never issued it). You only ever had a petition approved, and that's not what they're asking about.

You should answer "no".

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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