My fiance's B1/B2 visa was asked to go to embassy for cancellation

[ELLENH 3]

1 minute ago, Greenbaum said:

1. i submitted application 7/8/2019

2. my fiance got phone call from embassy 12/2019 to cancel his B1/B2(Embassy asked him to make appointment to embassy so they can cancel his B1/B2. They should be able to cancel it on their side. Why did they ask him to go to embassy so they can cancel it? We are very confused still)

3. I got notice of RFE on 2/5/2020

 

[jaysaldi 213]

During the last two years (730 days) approximately how many days has he spent in the USA? 

[ELLENH 3]

1 minute ago, jaysaldi said:

Are you Chinese? How long have you been American and how did you meet him? And why is your Congressman involved?

we both are chinese. We knew each other's name over 15 years ago but not familiar at all until we met on a party in China 2018

 

since we have no idea why my fiance's B1/B2 was cancelled with no reason, i had congressman help to ask the reason. Nothing special. 

[ELLENH 3]

1 minute ago, jaysaldi said:

During the last two years (730 days) approximately how many days has he spent in the USA? 

he normally would be in USA 2-3 weeks every time. He came to USA four times in 2019. He stayed 2 months from Oct to December in 2019 because he was back and forth between canada and USA. As i said he has a son studying in Canada college

[Lemonslice 4,953]

What does he do for work? That's a lot of vacations.

[ELLENH 3]

Just now, Lemonslice said:

What does he do for work? That's a lot of vacations.

he is manager of a textile import and export company. he always needs to do market research. his working time is pretty flexible

 

[Greenbaum 12,259]

12 minutes ago, ELLENH said:

1. i submitted application 7/8/2019

2. my fiance got phone call from embassy 12/2019 to cancel his B1/B2(Embassy asked him to make appointment to embassy so they can cancel his B1/B2. They should be able to cancel it on their side. Why did they ask him to go to embassy so they can cancel it? We are very confused still)

3. I got notice of RFE on 2/5/2020

 

To update your timeline select the link (timeline) in your profile on the left column at the bottom and you will be taken to a page where you can complete your timeline. The completion of the timeline serves two reasons, one it adds you to the statics of all VJ'rs timeline where we can get a more accurate sampling of what the timing of an event is based on other members. Two, if I or anyone else want to help you they sometimes need to access your timeline. You telling me here what it is only helps me here but what about when you move to another thread or you make a new thread. I can't remember what you told me. Thanks.

[Lemonslice 4,953]

1 minute ago, ELLENH said:

he is manager of a textile import and export company. he always needs to do market research. his working time is pretty flexible

 

They might think he was working while in the US. Who knows...

[geowrian 22,338]

23 minutes ago, ELLENH said:

we don't have idea why it's cancelled. there is no criminal record on either side. My fiance has B1/B2 for many years. But he came to USA to visit me frequently last year than before. Because his son studies in Canada as a college student. So he came back and forth between Canada and USA many times during Thanksgiving and Christmas time. When my fiance asked the embassy the reason, he was told " not qualified" and nothing else. 

Seems like either visiting too often or they otherwise believe he will probably use the visa as a means to immigrate.

If so, then it's no issue for the K-1 visa.

 

17 minutes ago, ELLENH said:

I didn't get NOA2 yet. RFE asked me to give financial support and more evidence for the relationship, such as engaged ceremony proof which we don't have because my father was sick and then virus spread out in China. But i sent engagement ring receipt, more chat records, travel records after application submitted.

An RFE for financial support on an I-129F...? That doesn't sound right. o such requirement exists with that form.

Same with evidence of an ongoing relationship. I'm assuming they want more evidence of meeting in person within the 2 years prior to filing, which is a requirement.

[Greenbaum 12,259]

10 minutes ago, ELLENH said:

he normally would be in USA 2-3 weeks every time. He came to USA four times in 2019. He stayed 2 months from Oct to December in 2019 because he was back and forth between canada and USA. As i said he has a son studying in Canada college

China immigrants are under a microscope and will continue to be closely watched and background checks will take longer over time. The fact that he travels so much back and forth is a major red flag and therefor until USCIS gets thing sorted out and the feel confident in issuing a visa you need to be patient. No one with any certainty will be able to tell you how long that will be.

[jaysaldi 213]

19 minutes ago, ELLENH said:

 

When my fiance asked the embassy the reason, he was told " not qualified" and nothing else. 

 

They did give you an idea of the reason then. In the eyes of the US government, he is no longer qualified to use a B1/B2 visa. This may be due to his travel history, or his immigrant intent, or something else. The specifics don't really matter, but they can explain it to him more when he goes into to have the visa canceled.

 

The USA can cancel a visa on their side but there may be a concern that people can still use the canceled visa to travel to the USA if the airline staff don't see a stamp saying it's canceled. And then once the traveler lands in the USA he can claim asylum or cause problems, and he has to be detained and sent back, etc.  So the USA prefers to physically mark the visas canceled.

The bottom line is that he has to go to the embassy to have this visa canceled, unless he wants to withdraw his K-1 visa application and never set foot in the USA or a US embassy again.  He van't procced with the K-1 petition and interview for the K-1 visa without surrendering his passport for cancellation of the B1/B2 visa.

The fact he has delaying bringing his passport to the embassy for the B1/B2 cancellation for more than three months may be something that the embassy looks upon unfavorably when assessing the validity of the K-1 fiance visa application.  When responsible, trustworthy people who "follow the rules" get a notice to bring their passport in for visa cancelation, then they bring the passport in for visa cancellation. They don't spend 3-4 months stonewalling and asking "why why why."

 

 

3 minutes ago, ELLENH said:

he normally would be in USA 2-3 weeks every time. He came to USA four times in 2019. He stayed 2 months from Oct to December in 2019 because he was back and forth between canada and USA. As i said he has a son studying in Canada college

Was he stopped and questioned by CBP officers during any of his visits? Did he tell them he had an American fiance and that his frequent visits were a concerned? 

[ELLENH 3]

1 minute ago, geowrian said:

Seems like either visiting too often or they otherwise believe he will probably use the visa as a means to immigrate.

If so, then it's no issue for the K-1 visa.

 

An RFE for financial support on an I-129F...? That doesn't sound right. o such requirement exists with that form.

Same with evidence of an ongoing relationship. I'm assuming they want more evidence of meeting in person within the 2 years prior to filing, which is a requirement.

I guess USCIS doubt about our relationship. The reason they want me to give financial support is they want to see if i'm in low income and marry with a rich guy to get money...However my income is not low

[Boiler 45,932]

K1 seems an odd choice, bit a different issue.

[ELLENH 3]

2 minutes ago, Greenbaum said:

China immigrants are under a microscope and will continue to be closely watched and background checks will take longer over time. The fact that he travels so much back and forth is a major red flag and therefor until USCIS gets thing sorted out and the feel confident in issuing a visa you need to be patient. No one with any certainty will be able to tell you how long that will be.

i understand. That's why i got congressman involved. At the end of January, congressman told me my case was with a supervisor. I thought my case would be rejected. Then i received RFE on 2/5