Visiting after K-1 Visa Denial

[Veture 19]

Hello everyone,

 

Me and my Fiancé applied for K-1 visa, it was approved by USCIS but we got denied at the embassy. Consular officer has determined to send our petition back to USCIS for reconsideration and possible revocation. Our petition is still at the Embassy. We do not have official notification which would give us explanation of the denial. It will be given after our petition is sent to USCIS. We are getting our passport back in a day or two. My Fiancé had valid B1-B2, we assume it will not be revoked as it is not related to K-1 visa and we did not do anything illegal. 

 

Can my fiancé visit me under B1-B2? Will K-1 Visa information popup at the Point of Entry? If he can pass the entry, can we marry after 4months later and apply for AOS?

 

This is time sensitive decision. We appreciate your feedback and your time.

 

Thank you.

Edited May 30, 2018 by Veture

[Unlockable 7,314]

It may be extremely difficult for your fiance to enter the US because now there is evidence of immigrant intent. Also, the below quote concerns me....

 

2 minutes ago, Veture said:

If he can pass the entry, can we marry after 4months later and apply for AOS?

What you are asking is clear fraud. If you can't get a K1 visa then you can't use another visa to enter the US to marry and stay. If your fiance was denied a K1 it may have been for a reason. Immigration is not going to overlook that reason.

 

It may very well be in your fiance's best interest to see if her B1/B2 is still valid before attempting any travel.

[Roel 7,192]

No. You cannot enter the US in B2 with intent to adjust status. It's immigration FRAUD. And with the history of denied k1 I assume your have problems during AOS.  And officers on the border have access to immigration history. They really aren't stupid there...

 

Your only way to take care of this legally would be to address the issue with denied k1 and file again. Sorry. 

[Veture 19]

1 minute ago, NuestraUnion said:

It may be extremely difficult for your fiance to enter the US because now there is evidence of immigrant intent. Also, the below quote concerns me....

 

What you are asking is clear fraud. If you can't get a K1 visa then you can't use another visa to enter the US to marry and stay. If your fiance was denied a K1 it may have been for a reason. Immigration is not going to overlook that reason.

 

It may very well be in your fiance's best interest to see if her B1/B2 is still valid before attempting any travel.

We are trying to see what is right to do or not. We are not intending committing any fraud. We love each other and be together. How we can check his visa is valid?

[Crazy Cat 41,903]

1.  Your K-1 will likely be sent back to USCIS and it will expire there. There will be no appeal.

2.  Your fiance can not enter the US via a B2 visa with the intent to marry, stay, and adjust status.  This is visa fraud, and it will bring very severe consequences.

 

Your options are:

 

1.  Refile K-1......but it would be foolish unless you know why it was denied.

2.  Your fiance can enter the US via the B2 visa (if it is still valid)  marry you, then LEAVE THE US TO WAIT OUT THE CR-1 PROCESS.

3.  You can marry your fiance in his/her country, then file CR-1.

Edited May 30, 2018 by missileman

[Veture 19]

Just now, missileman said:

1.  Your K-1 will likely be sent back to USCIS and it will expire there. There will be no appeal.

2.  Your fiance can not enter the US via a B2 visa with the intent to marry, stay, and adjust status.  This is visa fraud, and it will bring very severe consequences.

 

Your options are:

 

1.  Refile K-1......but it would be foolish unless you know why it was denied.

2.  Your fiance can enter the US via the B2 visa, marry you, then LEAVE THE US TO WAIT OUT THE CR-1 PROCESS.

3.  You can marry your fiance in his/her country, then file CR-1.

Thank you. So, he visit we marry, we file CR-1 and he can leave after 5 months and wait for that process? If so, I think this is way to go.

[Boiler 45,558]

Probably safer for you to be the one visiting and marry in Turkey.

 

With a declined K1 I would expect his B to be cancelled and in the unusual likelihood they missed it any entry to be doubtful to say the least.

Edited May 30, 2018 by Boiler

[Crazy Cat 41,903]

3 minutes ago, Veture said:

Thank you. So, he visit we marry, we file CR-1 and he can leave after 5 months and wait for that process? If so, I think this is way to go.

He would have to leave the US before expiration of the time allowed when entering....then he would wait for the process....currently 12-18 months.

 

This assumes his B2 is still valid.

Edited May 30, 2018 by missileman

[Eric-Pris 1,606]

16 minutes ago, Veture said:

Thank you. So, he visit we marry, we file CR-1 and he can leave after 5 months and wait for that process? If so, I think this is way to go.

Yes, if he is even allowed to enter the US as a tourist.  IMO (which means nothing), I'd say it's 60/40 that he gets denied entry at POE.