Screwed out of a k1 if tourist visa is revoked?

[-holocene 0]

Hey all, I randomly came across this site trying to find out information for a friend since she went through quite the predicament the other day and there seems to be a ton of knowledgeable people on here. 

 

So my my friend has been dating her partner for quite some time and tried to come see her last week to go to a family friends wedding and just hang out for 2 weeks. Only problem is she was denied entry into the country and had her tourist visa revoked as well. They had been planning on starting the k-1 process anyways but we are kind of wondering if that's even possible now. Is she going to be completely screwed in getting a k-1 visa now that her tourist visa was revoked?? 

 

Any possible help is appreciated! 

[Jeanne Adil 1,651]

Name the country and it will help us to know

many countries that are high fraud the answer is yes

Edited October 2, 2017 by adil-rafa
i gave wrong answer

[-holocene 0]

She lives in Argentina. 

 

Edit: Does the nature of why her tourist visa was revoked matter at all? or simply that it was revoked 

 

Edited October 2, 2017 by -holocene

[C-ma'am 684]

21 minutes ago, -holocene said:

Hey all, I randomly came across this site trying to find out information for a friend since she went through quite the predicament the other day and there seems to be a ton of knowledgeable people on here. 

 

So my my friend has been dating her partner for quite some time and tried to come see her last week to go to a family friends wedding and just hang out for 2 weeks. Only problem is she was denied entry into the country and had her tourist visa revoked as well. They had been planning on starting the k-1 process anyways but we are kind of wondering if that's even possible now. Is she going to be completely screwed in getting a k-1 visa now that her tourist visa was revoked?? 

 

Any possible help is appreciated! 

 

15 minutes ago, -holocene said:

She lives in Argentina. 

 

Edit: Does the nature of why her tourist visa was revoked matter at all? or simply that it was revoked 

 

It could. Do you know the nature? Is it due to a crime ?

 

Edited October 2, 2017 by Celeste & C

[f f 725]

1 minute ago, Celeste & C said:

No, a K1 visa petition is not a affected by a denied B2/B1. It does not matter where she is from.

 

 

that is only if it was denied due to immigrant intent that the k1 will go fine. if she was denied because they discovered she had overstayed for a year or was a drug kingpin then she will need at address those issues. did they write any letters on the visa as to why it was denied?

[-holocene 0]

10 minutes ago, Celeste & C said:

 

It could. Do you know the nature? Is it due to a crime ?

 

They never gave her a specific reason. she was here last year for a few months and stayed with my family the entire time (though she didn't overstay her visa) . she's a freelance artist and while she was here someone had emailed her wanting to commission something and  she said that while being questioned. They said they didn't believe she would go back after her supposed 2 week visit and wouldn't let her in and revoked it. That's the extent of what they told her with that. 

Edited October 2, 2017 by -holocene

[EandH0904 1,184]

Its possible they see her as "working" if she is selling her art for commission

[C-ma'am 684]

9 minutes ago, -holocene said:

They never gave her a specific reason. she was here last year for a few months and stayed with my family the entire time (though she didn't overstay her visa) . she's a freelance artist and while she was here someone had emailed her wanting to commission something and  she said that while being questioned. They said they didn't believe she would go back after her supposed 2 week visit and wouldn't let her in and revoked it. That's the extent of what they told her with that. 

They thought she had an intent to immigrate. Nah, that won't affect a K1.

 

As ff said... unless she was found to be committing a crime, such as drug dealing, it should have no effect on a K1

Edited October 2, 2017 by Celeste & C

[Unlockable 7,316]

Yeah, sounds like they believe she was coming to work. Even if it is freelance it could still be considered work. It is unfortunate but it looks like she will just have to miss out on this trip.

 

To answer your question now that we have more info, it should not effect a K1 visa for her.

 

 

[JayMar2019 2,741]

My fiancé went through a similar situation last year when was attempting to come visit me with his tourist visa. He was denied entry and sent back home and his tourist visa was revoked because they thought he was attempting to travel on his tourist visa to get married. That's how I stumbled onto this site last year and it was @NuestraUnion who gave me the same answer he is giving you.

 

We are currently waiting for our NOA2 for K1 visa process. So it does not have an affect on the K1 process, however, I would advise that your fiancé be prepared for questions to be asked as to why the tourist visa was revoked and to make sure that he is 100% honest about it and everything else. He's not the first nor will he be the last person to go through something like this. He didn't commit a crime so all should be good from here.

 

Good luck to both of you on your journey!

 

 

[f f 725]

my fiance at the time was able to visit with vwp while the k1 was processing.got asked a bunch of questions but was admitted. one of the hardest thing he I've done was take her to the airport at the end of the trip.

[AnaUmo 419]

So my fiance just applied for our k1 and now I'm worried. I want to visit him soon but does the fact that I have submitted mean there will be a problem for me to enter the US? I've had my visa for 1-2 years before meeting my fiance and I've entered the US several times as well because of my job (that was stated at immigration when I entered those times). The last few times I entered the states I went to visit him and stated that I was visiting a friend. We got engaged after my last visit when I was in Jamaica. Do you think I will have an issue if I were to visit him in December (1 week)??

[JayMar2019 2,741]

27 minutes ago, AnaUmo said:

So my fiance just applied for our k1 and now I'm worried. I want to visit him soon but does the fact that I have submitted mean there will be a problem for me to enter the US? I've had my visa for 1-2 years before meeting my fiance and I've entered the US several times as well because of my job (that was stated at immigration when I entered those times). The last few times I entered the states I went to visit him and stated that I was visiting a friend. We got engaged after my last visit when I was in Jamaica. Do you think I will have an issue if I were to visit him in December (1 week)??

Be careful with hijacking another person's thread and in the future you should create your own topic when you have a question you need answered.

 

To answer your question...Everyone situation is different. But in your case, you should be fine since you guys already submitted your K1 petition so there shouldn't be a problem since you have to return back home in order to attend your interview at the embassy. If your fiance has already received your NOA1, you can have your fiance send you a copy and this way you can show the immigration officer the copy which shows more proof that you only intend to visit and go back home.

[AnaUmo 419]

35 minutes ago, Trinab80 said:

Be careful with hijacking another person's thread and in the future you should create your own topic when you have a question you need answered.

 

To answer your question...Everyone situation is different. But in your case, you should be fine since you guys already submitted your K1 petition so there shouldn't be a problem since you have to return back home in order to attend your interview at the embassy. If your fiance has already received your NOA1, you can have your fiance send you a copy and this way you can show the immigration officer the copy which shows more proof that you only intend to visit and go back home.

Thank you for the information. I didn't think of it as hijacking though since it was already being discussed about persons having their B1/B2 revoked upon entry to the US but you're right. I'll be more weary of that.

[Sarah&Facundo 602]

There must have been more to it than just wanting to visit and go to a wedding, especially if this person is from Argentina. It isn't a high fraud country. My fiance has visited me in the US multiple time on a tourist visa, including after we submitted the K1 and he is Argentinian. He even told the officers he was coming to see me. They asked him a few additional questions about length of stay and his job, how much money he had, return trip, etc. but they let him through.

 

17 hours ago, AnaUmo said:

So my fiance just applied for our k1 and now I'm worried. I want to visit him soon but does the fact that I have submitted mean there will be a problem for me to enter the US? I've had my visa for 1-2 years before meeting my fiance and I've entered the US several times as well because of my job (that was stated at immigration when I entered those times). The last few times I entered the states I went to visit him and stated that I was visiting a friend. We got engaged after my last visit when I was in Jamaica. Do you think I will have an issue if I were to visit him in December (1 week)??

 

That actually also applies to your situation too. My fiance had his tourist visa already and has visited me even after filing K1 and plans to do so again next month as well. Just be sure to have proof you are going home.

Edited October 4, 2017 by Sarah&Facundo