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Nixhound

Notification that B2 Visa is Temporarily Suspended

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My fiance just go the following email  notification from the Kyiv Embassy:

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Please do not use your B1/B2 visa number MXXXXXXXXX, issued to you on October XX,  2017, its validity is temporarily suspended unless you visit the U.S. Consulate in Kyiv, Ukraine and have an interview with a Consular officer as soon as possible during two weeks starting the date this notification is released. If you decide to use your U.S. visa without visiting us first, you will be stopped and turned around by a U.S. Customs and Border Protection officer.

 

Please notify us of the nearest day and time comfortable for your visit so that we can make an appointment.

 

Sincerely,

 

Consular Section

U.S. Embassy

Kyiv, Ukraine

 

Some background. We filed for a K1 back in Early February after I proposed to her in January. She entered on her B2 ad that time and she has been her since. Passport and I-94 are stamped through 07/16/18 and her flight leaves on 7/13/18 to make sure she leaves well before the entry limitation. 

 

My guess is that they either 1) Were notified that we have a pending I-129F  or 2) They see that she has been here for 6 months and assume she might have immigrant intent and or question ties back home since she was here for a long time.  My question is what could they possibly discuss with her at the Embassy and if this would impact the 129-F at all?

 

She has not overstayed and we did travel as intended during her visit. 

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Filed: Citizen (apr) Country: Taiwan
Timeline

If their concern is regarding immigrant intent, then there will be no impact on your I-129F.  However, it probably means she won't be coming back to the US until after her Fiance visa is issued.

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Unless she lied in her b2 visa or to the officer at the POE  (and I mean serious misrepresentation) then she probably has nothing to worry about. 

 

B2 visa cancellation doesn't affect immigrant visa process. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

Well, as other have said it will not affect the k1, but if you want to try to ise the b2visa, a trip to Kiev is in order.

 

it would be interesting to hear the reason for this, I do not think this has been mentioned before here?

 

my sister in law had a 10 year multiple entry visa from Kiev and she never had any problems.

 

good luck to you

Edited by florida racer 73
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My bet is the extended stay is what triggered the suspension. A 6 month stay is pushing it.

 

Agree with the others...no impact for the K-1.

She needs to follow the instructions if she wants to try to keep the existing visa.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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54 minutes ago, Nixhound said:

My fiance just go the following email  notification from the Kyiv Embassy:

 

Some background. We filed for a K1 back in Early February after I proposed to her in January. She entered on her B2 ad that time and she has been her since. Passport and I-94 are stamped through 07/16/18 and her flight leaves on 7/13/18 to make sure she leaves well before the entry limitation. 

 

My guess is that they either 1) Were notified that we have a pending I-129F  or 2) They see that she has been here for 6 months and assume she might have immigrant intent and or question ties back home since she was here for a long time.  My question is what could they possibly discuss with her at the Embassy and if this would impact the 129-F at all?

 

She has not overstayed and we did travel as intended during her visit. 

Clearly they want to re-interview her to see if letting her keep a B2 is appropriate given her change in circumstances 

and I agree with this:

17 minutes ago, geowrian said:

My bet is the extended stay is what triggered the suspension. A 6 month stay is pushing it.

 

 

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How did the USemb, Kiev come to know of her a)/i129/K1, which might still be at USICS, or b)length of stay during her current trip? 

 

Having spent almost 6 months on a b2 arguably suggests her ties to home are lacking. Makes sense for b2 to be questioned. Kiev is a tough embassy for a b2, with good reason. 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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1 hour ago, WeGuyGal said:

How did the USemb, Kiev come to know of her a)/i129/K1, which might still be at USICS, or b)length of stay during her current trip? 

 

 

I’m certain your name goes into some central system. It’s quite possible that Kiev gets notified that a potential beneficiary has had a petition filed - Kiev checks and see person has a B - then check the i94. Or maybe it’s just standard that something gets sent out to cross check any existing NIVs issued in the person’s name? Whatever...Entire process probably takes a minute! (Then when they see person is in the US and circumstances have changed since issuance they send above mail)

 

when applying for a B visa for my minor children some years ago (probably about 8 years ago now and i’m sure systems are better now) it was a mail-in (yup, that long ago) application as they were under 14. I got a call to come into the consulate, and when I got there it was because there was a I130 filed for me in the system. As far as I know the kids weren’t even named yet on the petition, but they got the connection. We got the kids’ visas (and there was no issue with my existing B visa) but they just wanted to basically I guess see me say face-to-face that any trips we took in the interim would just be visits. 

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Filed: Citizen (apr) Country: Ukraine
Timeline

You obviously filed I-129F while she is in the USA.  The beneficiary's information is required in part 2 of the I-129F (including passport number and I-94 information so that's likely how they found out about it.  Six months in the US shows close ties to Ukraine are lacking and has no employment.  How was her employed until date filled out on the I-129F?  That's something that could possibly complicate matters in my opinion. 

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So just a quick updated on this for anyone that experiences this in the future.  Per my fiance: Line was separate from B2 Visitors applying. As expected it was  primarily focused on ties back home. Discussed how was she able to afford to stay for so long, how she could stay employed (Family owns firm, will never get fired) during this duration etc. She was honest and said that I proposed to her during her visit and that we filed the k1 visa. Consular official was very polite, the visa was give a big fat Cancelled stamp and form stating it was denied under 214(b) . He said with a K1 she will no longer need it and that they will see her for the K1 Interview. 

 

Its obvious given the country she is from, her ties to the USA now, etc. why it was cancelled. Now we just need to hope the K1 gets approved soon. 

 

 

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
13 minutes ago, Nixhound said:

So just a quick updated on this for anyone that experiences this in the future.  Per my fiance: Line was separate from B2 Visitors applying. As expected it was  primarily focused on ties back home. Discussed how was she able to afford to stay for so long, how she could stay employed (Family owns firm, will never get fired) during this duration etc. She was honest and said that I proposed to her during her visit and that we filed the k1 visa. Consular official was very polite, the visa was give a big fat Cancelled stamp and form stating it was denied under 214(b) . He said with a K1 she will no longer need it and that they will see her for the K1 Interview. 

 

Its obvious given the country she is from, her ties to the USA now, etc. why it was cancelled. Now we just need to hope the K1 gets approved soon. 

 

 

I do not believe that the country she is from (Ukraine) has that much to do with it. It is simply the immigrant intent and lack of ties, coupled with a I-129f petition.

 

Kiev is actually a very easy embassy to deal with.

 

Just hang in there and the interview will be here soon enough.

 

good luck to you

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1 hour ago, Nixhound said:

So just a quick updated on this for anyone that experiences this in the future.  Per my fiance: Line was separate from B2 Visitors applying. As expected it was  primarily focused on ties back home. Discussed how was she able to afford to stay for so long, how she could stay employed (Family owns firm, will never get fired) during this duration etc. She was honest and said that I proposed to her during her visit and that we filed the k1 visa. Consular official was very polite, the visa was give a big fat Cancelled stamp and form stating it was denied under 214(b) . He said with a K1 she will no longer need it and that they will see her for the K1 Interview. 

 

Its obvious given the country she is from, her ties to the USA now, etc. why it was cancelled. Now we just need to hope the K1 gets approved soon. 

 

 

Thanks for the update. Hope you get the K1 visa soon.

 

We are constantly advising people to be careful with lengthy stays in the US (6 months at a time), especially if they are going through an immigration process. This is a good example of what could possibly happen.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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10 hours ago, Nixhound said:

So just a quick updated on this for anyone that experiences this in the future.  Per my fiance: Line was separate from B2 Visitors applying. As expected it was  primarily focused on ties back home. Discussed how was she able to afford to stay for so long, how she could stay employed (Family owns firm, will never get fired) during this duration etc. She was honest and said that I proposed to her during her visit and that we filed the k1 visa. Consular official was very polite, the visa was give a big fat Cancelled stamp and form stating it was denied under 214(b) . He said with a K1 she will no longer need it and that they will see her for the K1 Interview. 

 

Its obvious given the country she is from, her ties to the USA now, etc. why it was cancelled. Now we just need to hope the K1 gets approved soon. 

 

 

From what you have posted she has hardly any ties to her home country so it was the right decision.

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