having problem with my k1 status

[Crazy Cat 41,981]

Just now, MeAlone said:

He can saying he loves his fiancee and wants to come back to her

Of course, if she is willing to do the 2nd K1 visa

Correct. She will have to initiate the process....again.

[caliliving 606]

He probably couldn't get a b2 before the k1 - def won't get one after. 

[Ebunoluwa 6,136]

23 hours ago, seyiboy said:

Please help!

i got my k1 visa after my fiance filed for me and i traveled to be with her, we started having issues when i got there cos she's so much into her ex and i can't cope with that,all she told me was that she got kids for him,so i see the marriage is not working out so i traveled back to my country in order to avoid breaking any immigration rules and regulations,after 5months i tried to get myself a non immigrant visa to attend my Aunt's 60th birthday and i was denied the visa with the consular stating my status is still immigrants and i cannot be issued a non immigrant visa,please assist me on what to do. How do i change my status ?

Your status is not still immigrant.
You left unmarried and have no change of adjustment of status pending.
What she meant I suppose was that you have " immigrant intent" due to your ex, her reasoning is you want to go back to her and try
to be with her and stay in the US and adjust status here after marrying her.

Though that is not your intent, the CO has the discretion to use that as a reason to deny any further B2 applications from you.

Strong ties to your home country, a house, property, a good job etc. and a couple years of time would help in the future.
5 months won't do it, you just returned and are not established since you moved here not long ago and if you had a job then
you gave that up.
What are your ties to your country now ?
You did the right thing by leaving the US.

If someone in the future would petition you then you have a chance (K1,CR1) but not much chance with a tourist visa.
It looks like you did not know her well enough when you applied for the K1.
Don't make that mistake again with someone else.

 

 

[Ebunoluwa 6,136]

7 hours ago, Boiler said:

I would imagine you were refused for not showing noon immigrant intent.

 

Travelling half way around the world to attend your Aunts Birthday Party? Really?

Relative's birthdays are often big family reunions and a big hall is rented here and it's a big celebration of 100-150 people.
I have Nigerian friends who have visitors coming all the time from Nigeria for birthdays and baby naming parties, graduations etc.
So yes, it is totally not unusual and a very common request for a B2.
 

[seyiboy 0]

15 minutes ago, Ebunoluwa said:

Your status is not still immigrant.
You left unmarried and have no change of adjustment of status pending.
What she meant I suppose was that you have " immigrant intent" due to your ex, her reasoning is you want to go back to her and try
to be with her and stay in the US and adjust status here after marrying her.

Though that is not your intent, the CO has the discretion to use that as a reason to deny any further B2 applications from you.

Strong ties to your home country, a house, property, a good job etc. and a couple years of time would help in the future.
5 months won't do it, you just returned and are not established since you moved here not long ago and if you had a job then
you gave that up.
What are your ties to your country now ?
You did the right thing by leaving the US.

If someone in the future would petition you then you have a chance (K1,CR1) but not much chance with a tourist visa.
It looks like you did not know her well enough when you applied for the K1.
Don't make that mistake again with someone else.

 

 

Hi Ebunoluwa,

Thanks for your comment, I know her very well and we dated for two years before she came down here to meet me, but she was a changed person when I got there and we've been getting our wedding stuffs ready until I started noticing some irregularities so I took the decision to leave rather than getting married and regretting later, so I came back to my business in Nigeria. Someone told me I have to write a letter to homeland security to inform them of my status but I don't know if that's the best idea or not 

[Ebunoluwa 6,136]

53 minutes ago, seyiboy said:

Hi Ebunoluwa,

Thanks for your comment, I know her very well and we dated for two years before she came down here to meet me, but she was a changed person when I got there and we've been getting our wedding stuffs ready until I started noticing some irregularities so I took the decision to leave rather than getting married and regretting later, so I came back to my business in Nigeria. Someone told me I have to write a letter to homeland security to inform them of my status but I don't know if that's the best idea or not 

No, this has nothing to do with writing to them. You did clarify with the CO that you came on a K1, did not marry and returned before the 90 days
right ? She should see that in the data base. It is the 5 months time issue and lack of ties that she denied you on.
Wait a couple years and try again with more and stronger ties. If you marry someone in Nigeria and have kids in the future then that is also

considered ties to your home country.