K1 denied

[Michellejune 16]

16 minutes ago, A'n'L said:

Their i129f petition has been denied, not the OP's K1 visa application. The reason might be technical or due to circumstances related to the petitioner. The OP is still eligible to use an ESTA (unless there's an B2 overstay, or something else ofc).

 

OP: could you be more specific about your situation? What was the admitted to date stamped in your passport on entry? When did you leave? A B2 should not give you entry for more than six months, so it sounds strange. What kind of work did you do (for what employer), and how did you obtain a work permit?

 

What exactly was the wording of your RFE? What exactly did you send back? What was the date range for the submitted proof of meetings? Did you receive acknowledgement that the RFE response was received? What other documents did you send with your original petition?

 

Has your US fiancé been married before? Been in any trouble with the law? Have you?

Ok no we have no convictions. I was working as a nanny with an Air Force family using the correct visa and papers etc and left the USA before  I should have. The RFE requested evidence that we had met we sent photos of us throughout the year in the USA. My fiancé stamp in his passport when he visited me in the U.K. Plus receipts. And yes they notified us that they received it the turn around from request to receiving was 2 weeks. We sent every document or copy they requested with the original petition. 

Think that covers your questions! 

[A'n'L 735]

19 minutes ago, Michellejune said:

Ok no we have no convictions. I was working as a nanny with an Air Force family using the correct visa and papers etc and left the USA before  I should have. The RFE requested evidence that we had met we sent photos of us throughout the year in the USA. My fiancé stamp in his passport when he visited me in the U.K. Plus receipts. And yes they notified us that they received it the turn around from request to receiving was 2 weeks. We sent every document or copy they requested with the original petition. 

Think that covers your questions! 

Did you have a J1 visa perhaps? Does it have a home residency requirement? Anyway, that should be handled at the interview stage, not by USCIS.

 

OK, well, then I don't understand it either. You had some evidence date-marked specifically before the date you sent the petition in? When did your fiancé visit you in the UK? You're sure they didn't request anything else? You sent them everything, all documents as listed on the K1 guide?  Will be interesting to see what your letter says. Please keep us posted.

[milimelo 4,583]

Could have had b2 if family was posted overseas and she was their nanny there and they returned to the US for limited time. 

[Unidentified 2,930]

If you were their au pair why were you not on a j1?

[milimelo 4,583]

13 minutes ago, Unidentified said:

If you were their au pair why were you not on a j1?

Doesn't have to if she worked for the family overseas for at least 6 months already. B2 (falls under a type of domestic help category) appropriate in certain cases. 

[Unidentified 2,930]

2 minutes ago, milimelo said:

Doesn't have to if she worked for the family overseas for at least 6 months already. B2 (falls under a type of domestic help category) appropriate in certain cases. 

 

She didn't state she was ever overseas with them. She said she worked in the US for 15 months. B1 is for domestic help. not B2. 

[Boiler 46,377]

If the family were based overseas and visiting then a B would be appropriate.

 

I assume OP meant her 6 months were up rather than the visa had expired.

 

Seems odd that they would be based overseas but visit for presumably over 6 months? I did not think that was how the Military operated.

 

Plus of course she would need EAD to work, which takes usually 90 days so I am at a bit of a loss to know how this worked.

 

However I doubt this is the issue, more likely they sent a RFE she replied, never made it to her file so they refused. Should have stayed married and adjusted but too late now.

[Michellejune 16]

7 minutes ago, Boiler said:

If the family were based overseas and visiting then a B would be appropriate.

 

I assume OP meant her 6 months were up rather than the visa had expired.

 

Seems odd that they would be based overseas but visit for presumably over 6 months? I did not think that was how the Military operated.

 

Plus of course she would need EAD to work, which takes usually 90 days so I am at a bit of a loss to know how this worked.

 

However I doubt this is the issue, more likely they sent a RFE she replied, never made it to her file so they refused. Should have stayed married and adjusted but too late now.

Hi I worked for the family for a year in the uk before the us airforce relocated them to the USA. They asked if I'd work for them there. They applied for my visa and all documents I needed. During my stay I met my now fiancé . I left USA as was expected and he filed for a K1. 

Does that help you all understand how it was all done properly!? 

[Unidentified 2,930]

2 minutes ago, Michellejune said:

Hi I worked for the family for a year in the uk before the us airforce relocated them to the USA. They asked if I'd work for them there. They applied for my visa and all documents I needed. During my stay I met my now fiancé . I left USA as was expected and he filed for a K1. 

Does that help you all understand how it was all done properly!? 

We're just trying to help you. No need to be snarky. If you worked on the wrong visa it could have caused you trouble so there's no need to get all defensive. Trusting someone to do your own visa application is pretty brave. Have they done that before? Just curious. 

[Boiler 46,377]

8 minutes ago, Michellejune said:

Hi I worked for the family for a year in the uk before the us airforce relocated them to the USA. They asked if I'd work for them there. They applied for my visa and all documents I needed. During my stay I met my now fiancé . I left USA as was expected and he filed for a K1. 

Does that help you all understand how it was all done properly!? 

It was not done properly, the B option is for temporary visits, will it come back to bite you, do not know. I doubt that this is the current issue.

 

https://www.murthy.com/2013/09/09/nonimmigrants-hiring-foreign-domestic-attendants/

 

Domestic Attendants for U.S. Citizens

Not all U.S. citizens can sponsor a foreign national for a domestic attendant position. Rather, only those U.S. citizens who are permanently residing abroad or who frequently are stationed abroad for long-term assignments are potentially eligible to sponsor B-1 attendants. The requirements for applying as the domestic attendant of a U.S. citizen are similar, although not identical, to the requirements for a B-1 attendant of a nonimmigrant. Lawful permanent residents (i.e. “green card” holders), on the other hand, are not permitted to sponsor B-1 attendant workers.

EAD Must be Approved Before Commencing Work

As mentioned above, the B-1 attendant must obtain an EAD prior to commencing employment. Strangely enough, however, the EAD application cannot be filed until after the B-1 attendant enters the United States. The U.S. Citizenship and Immigration Services (USCIS) generally takes 60 to 90 days to process such an application, and there is no provision in the law for the attendant to begin work while the EAD application is pending. This can present a difficult situation for the attendant and the employer, as it means the attendant will likely be in the United States for 2 to 3 months, during which time the individual is prohibited from working.

[yuna628 9,758]

Agree with Boiler here. Doesn't sound like something was done properly regarding the B. Even if you thought it was okay, unfortunately stuff like that has consequences. And that certainly would affect use of the VWP, aside the fact if the case is well and truly denied that would have to be put down as well. We don't know what the OP was denied for - it could straight up be an error on their part, meaning the evidence never reached the case file due to dumb-dumbs in the office, or it could be something else. Only the denial letter will say.

 

Still there's options like I said before, after you determine what the denial was for.

[ConOfficer 167]

I don't USCIS enforces immigration law while processing the visa application. If there is an overstay issue that would be assessed by a ConOff/DOS at the consular processing stage.

 

It sounds to me like the applicant had the proper visa classification as a B1 domestic. Working without the proper documentation is not, in and of itself, a ineligibility. Unlawful presence would be the ineligibility. 

[Boiler 46,377]

I am slightly intrigued as what was said to obtain the B2 about her Employers temporary sojourn in the US.

[Unidentified 2,930]

Same here. How do you manage to get a visa for visiting while saying "hi, I'm going to work in the US".

[Michellejune 16]

3 hours ago, Unidentified said:

We're just trying to help you. No need to be snarky. If you worked on the wrong visa it could have caused you trouble so there's no need to get all defensive. Trusting someone to do your own visa application is pretty brave. Have they done that before? Just curious. 

I wasn't being funny I was just answering your questions as best as I can. My USA employer at the time applied for my visa and the USA embassy in the uk granted me it.