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Posted

Why did you apply for a B2 when you had ESTA?

Prior to my K1 I was advised that I could spend up to 6 months in the US if I had a B2, but that to apply as a Brit (who can use Visa Waiver) would raise alarm bells and would probably be refused.

If this is your situation then I'm not sure whether you'll be able to get another ESTA. Also would seem strange that they cancelled the ESTA but left the C1/D - I'd be concerned that they'd deny entry on that too... especially if you aren't using it for its intended purpose (ie a transiting crew member). I have no experience in this field.

Unfortunately I am one of many VWP country citizens that have made this mistake. At the time, I was not aware of the risk of being denied, nor that my ESTA would be cancelled, and what you have described in your fist paragraph, is exactly what happened to me. Hindsight is a wonderful thing and this mistake has cost me dearly. Fortunately, we were already preparing to apply for the K-1 at this point, but as I thought a B2 wouldn't be a problem, we were not in any hurry to get our application in.

As predicted, I was refused another ESTA. I'm currently on hold to dept of homeland security to ask them. Their website states that a C visa may be used if you do not hold a B visa or an ESTA and you wish to enter the US for the purposes of direct transit BUT, like you, I am concerned about them questioning that it is not being used for it's intended purpose....I'll probably end up getting my C1/D cancelled as well now! LOL I'll let you know how it goes!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hello.

I have been rejected for my K1 fiancé visa as I had a criminal caution 15 years ago. It was previoulsy approved by USCIS but at the interview they rejected me and told me to apply for the waiver. This is going to take about 8 months.

My problem is that my fiance is deploying on 1st June and I need to get to the US to get all my stuff back from all my previously holiday visits where I took clothes etc over and also to get the house sorted so we can rent it out while my fiance is away as we bought it for me to live there.

Does anyone know if it would hurt my i-601 waiver application if I applied for a visitor visa and whether there is any chance that they would grant it, and grant it in time?

Thank you.

Posted

My visit timeline goes as follows

Rosie visits NYC for 7 days in August 2015 - generic questions asked - no problems.

Rosie visits NYC for 21 days in November 2015 - generic questions asked - no problems. ( only problem was at stopover in Amsterdam airport when they got a bit suspicious but were otherwise friendly)

John visits GLA, UK in Febuary 2016 - generic questions asked, a few questions about Rosie etc.

Rosie visits NYC in March 2016 - questions asked about my visit and my work (photographer and store manager) no real in depth questions.

During the march visit we visited Toronto - Canadian border were a lot more thorough about questioning than the U.S border from UK.

Always a smooth and pleasant time :-) John is due to visit again in July and I'm due to move in August (fingers crossed) so we've had no problems while our visa has been pending.

Side note : we started processing ours through rapid visa in November.

Posted (edited)

I'm currently in the United States, on my ESTA, during my K1 and I was literally worried for nothing. We were already delayed an hour on AMS when United gave us our own customs for the people that had connection flights at Washington. Whilst arriving, I had my papers ready just in case but mostly my itinerary and boarding pass. The lady at passport control that directs everyone to the right lines, directed me to Passport Express where I do get to see an officer still (because reasons?) He was very nice, asked me two questions about where my fiancé lived and what he did for a living, wishing me a nice day and staying and I was good to go! It was good to go on travel this prepared even though I didn't had to show any ties to my home country.

Edited by stephadams

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Filed: K-1 Visa Country: Germany
Timeline
Posted (edited)

Hey stephadams,

did you tell them right away that you visit your fiance? And where was your POE? I am flying in 7 weeks during my k1 also. POE will be Charlotte and i am worried. Thank you ?

Edited by Yvi808

K1 Process

04/01/16: I-129f mailed to Lewisville, TX

04/04/16: Delivered at Lewisville, TX

04/07/16: NOA1 Text & E-Mail. Case sent to CSC

04/12/16: NOA1 Hardcopy received

Posted

POE was Washington, it went very smooth since because of our huge delay (they had to change the front tire apparently after it had landed at Amsterdam Airport) that we got our own ways to our connection flights but I said boyfriend a first and then went, "well, also my fiance". He was just smiling and asked the two questions. I wasn't even at his desk for like 3 minutes. Just go well prepared and show your home ties, no intendings to stay and stay honest. We even had a quick laugh.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Filed: K-1 Visa Country: Germany
Timeline
Posted

Yes i think that is the best way to be honest and since we are in the middle of the k1 they see we wont try anything illegal. Thank you ?

K1 Process

04/01/16: I-129f mailed to Lewisville, TX

04/04/16: Delivered at Lewisville, TX

04/07/16: NOA1 Text & E-Mail. Case sent to CSC

04/12/16: NOA1 Hardcopy received

Posted

Take a copy of NOA1 with you, too. And maybe if you get it in time even NOA2. Do you have a job? Ask your boss for a letter stating you are being back expected at work, I did that too. You'll be fine :-) Good luck!

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Hello.

I have been rejected for my K1 fiancé visa as I had a criminal caution 15 years ago. It was previously approved by USCIS but at the interview they rejected me and told me to apply for the waiver. This is going to take about 8 months.

My problem is that my fiance is deploying on 1st June and I need to get to the US to get all my stuff back from all my previously holiday visits where I took clothes etc over and also to get the house sorted so we can rent it out while my fiance is away as we bought it for me to live there.

Does anyone know if it would hurt my i-601 waiver application if I applied for a visitor visa and whether there is any chance that they would grant it, and grant it in time?

Thank you.

A non immigrant waiver takes about 6 months.

How did you visit previously?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Germany
Timeline
Posted

Thank you stephadams! I am a little more relaxed now. I have a letter from my boss and the copy of NOA1, so i hope that i am good!

K1 Process

04/01/16: I-129f mailed to Lewisville, TX

04/04/16: Delivered at Lewisville, TX

04/07/16: NOA1 Text & E-Mail. Case sent to CSC

04/12/16: NOA1 Hardcopy received

Filed: K-1 Visa Country: Yemen
Timeline
Posted

I arrived at JFK 2 hours ago and it went smooth.

I-129f sent--------------> 02-16-2016
NOA1--------------------> 02-19-2016
NOA2--------------------> 04-14-2016
NVC received---------> 05-09-2016
NVC left-----------------> 05-13-2016
Embassy received ---> 05-17-2016

Packet 3 Received---> 05-19-2016

Packet 3 Sent --> 06-18-2016

Case was Updated--> 06-19-2016

Packet 4 Received--> 08-07-2016

Interview --------------> 08-28-2016 (APPROVED) :dancing:

Visa Received--------> 09-03-2016

US Entry---------------> 10-01-2016

AOS mailed ----------> 10-20-2016

AOS NOA-------------> 10-21-2016

Biometrics-------------> 12-02-2016

AOS RFE--------------> 12-12-2016 (Tax return for 2015)

Responded to RFE--> 12-20-2016

USCIS Case Updated> 12-22-2016

Filed: AOS (apr) Country: Canada
Timeline
Posted

Hi everyone,

I'm visiting my fiance next month for a festival and then traveling back home with him for a week.
I'm moving to a new city until the K1 visa is approved, so I will provide lease documents, employment documents, NOA1, financial documents, etc.!

Wish me luck. :-)

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

I came to the US for a 2 week vacation to see my fiancé, arriving last Friday. We are in the middle of the K1-visa process.

I had a whole bunch of documents to prove I still have ties with my home country. My POE was Philadelphia. When asked what the purpose of my visit was, I said vacation. Then she only asked for how long (2 weeks). That was all! This was the easiest questioning I ever had!

I was really happy to read all your posts, because I was kind of nervous before they might not let me in. It was as easy as many of you said it would be!

 
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