B-2 Visa Revoked! Should we go for CR-1 or K-1 ????

[jarta 24]

I think they can view her recent I 94 here - https://i94.cbp.dhs.gov/I94/#/recent-search . That way they can see if she really overstayed or not. As long as she left before the date on the I 94, she is good. 

[Clara B. 119]

7 minutes ago, WandY said:

It is accurate - 180 days is often the rule. But not always. Here's the truth: It's up to the U.S. official in charge of making the decision at the time. This includes entering the border, granting visas, or anything else concerning immigration. If you think it's always black-and-white, then you haven't traveled in and out of the U.S. enough. Same goes for any country on this planet. Look around on this website, where some people get denied, some don't - same circumstances, same rules. That's life. Take your best shot and hope all goes well. If it doesn't, maybe someone here will have a better plan. The key is to remain positive, don't whine, and keep believing that it's going to work out. Why? Because it usually does. It might take a few attempts, but it usually works out. Keep the faith!

I’m not sure where you found that rule, but as you say, nothing is black and white. I know for sure that more than 180 days is possible, the many stamps on my passport can prove that. Also aware that people with similar cases get different outcomes. But yet, even when cases are similar they are not 100% de same and at the end is up to the consul, cbp,uscis to decide if what you provided is enough. Lets not jump to a conclusion that she overstayed and now her visa application will  be denied. We dont know if that is true and that might scare the OP. And even if she overstayed there are ways to work around it and get her back to the U.S. (I’m not familiar with the waivers but know they exist). Anyway, if she did overstay I would advise the OP to consult with a lawyer for the next steps and best way to bring her back.

Anyway, having a visa/green card: natualization certificate its all a priviledge that can be taken away anytime, Like they did to her B2, most likely they gave her an explanation of why they were doing that and why her F1 was denied as well. 

everyone have a good Day!!!

#agreetodisagree

[geowrian 22,337]

21 minutes ago, WandY said:

It is accurate - 180 days is often the rule. But not always. Here's the truth: It's up to the U.S. official in charge of making the decision at the time. This includes entering the border, granting visas, or anything else concerning immigration. If you think it's always black-and-white, then you haven't traveled in and out of the U.S. enough.

I think there's 2 different issues going on here. An overstay (or not) is dictated by the I-94. If you leave before that then there's no overstay. If you leave after that, then there is overstay and the visa is automatically cancelled (which was subsequently marked as such after the interview for the F-1).

 

However, any travel of that length of time followed by another request to enter as a non-immigrant and with a US boyfriend/fiance/whatever is going to raise very heavy suspicion of immigrant intent...likely resulting in the tourist visa no longer being usable / revoked. It's hard to claim strong ties back home when you were just abroad for so long and want to come right back

 

8 minutes ago, Clara Monteiro said:

And even if she overstayed there are ways to work around it and get her back to the U.S. (I’m not familiar with the waivers but know they exist). Anyway, if she did overstay I would advise the OP to consult with a lawyer for the next steps and best way to bring her back.

Even if there was overstay, there's no waiver here as the bar for an overstay only begins at 180+ days of unlawful presence. At most she had a couple days overstay. It makes convincing a CO that you won't overstay again difficult, but there's no waiver and nothing an attorney can do with the CO's discretion here.

 

As for a K-1, I don't see any issue or how this would negatively impact the case unless they made a material misrepresentation at the F-1 visa interview (or make one for the K-1, obviously).

[nightingalejules 678]

1 hour ago, Clara Monteiro said:

 

Thats not accurate. He can look at the date on her I-94 and check till when she was allowed to be in the country. If she left at or before that date she will be fine. Usually the date stamped is for 6 months, and some months have 31 days, so the duration of stay is often 182/183 days. Looking at the information provided her I94 probably expires 12/01/17, which she had left already.

Well, she didn't overstay her visa, but she wasn't "fine". (OP already stated that her tourist visa had been revoked). So I theorized that this particular officer decided to use a 180 day rule (regardless of any actual date on the I-94) to prove immigrant intent and revoke the visa. I may be wrong, but that's my suspicion.

Edited December 4, 2017 by nightingalejules

[Josh2018 0]

Thanks everyone.  I just checked her most recent I-94 and she did not overstay.  The "admit until date was December 1st and she left on November 29th. So that's good news right?  Any other reasons why they might deny the K-1 or CR-1?

[Clara B. 119]

1 hour ago, Josh2018 said:

Thanks everyone.  I just checked her most recent I-94 and she did not overstay.  The "admit until date was December 1st and she left on November 29th. So that's good news right?  Any other reasons why they might deny the K-1 or CR-1?

You should be fine. Did they give her a letter saying why her visa was denied?

Edited December 4, 2017 by Clara Monteiro

[Josh2018 0]

50 minutes ago, Clara Monteiro said:

You should be fine. Did they give her a letter saying why her visa was denied?

No they did not. The guy was very rude to her and when she asked for a reason he only said "You didn't follow the laws of the US and it's revoked and then he walked away and left her standing there by herself.  I don't understand why they have to be so rude??

[WeGuyGal 1,052]

2 hours ago, Josh2018 said:

No they did not. The guy was very rude to her and when she asked for a reason he only said "You didn't follow the laws of the US and it's revoked and then he walked away and left her standing there by herself.  I don't understand why they have to be so rude??

"They" aren't always necessarily rude, but Embassy staff and COs tend to be busy dealing with all sorts of stuff on a day to day basis. That's likely at most high-traffic embassies. Plenty of posts on this site where those who were denied visas tend to rate their officer as being rude. 

 

Maybe the CO determined your gf to be over-spending her B2 time in the US, and thus 'not following the laws'. Who knows?