Can I apply for k1 visa after my b1/b2 visa got revoked?

[mmgn 0]

Hi,

 

I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!

[payxibka 10,047]

1 hour ago, mmgn said:

Hi,

 

I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!

Spouse visa should be no problem.   Based on your story,  no waivers will be required. 

[Boiler 45,946]

What did the lawyers say?

[AJ2019 58]

3 hours ago, mmgn said:

Hi,

 

I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!

Question, what do you mean by the Fiancé Visa 2-year window?

[Crazy Cat 42,073]

11 minutes ago, AJ2019 said:

Question, what do you mean by the Fiancé Visa 2-year window?

You must prove that the two people have met together within 2 years before filing the I-129f.  

Edited May 2, 2021 by Lucky Cat

[AJ2019 58]

1 hour ago, Lucky Cat said:

You must prove that the two people have met together within 2 years before filing the I-129f.  

Ahh, yes. I was under the misunderstanding from reading the post that they only had 2 years to file upon a visa being revoked or something. But, it makes sense @mmgn didn't want two years to elapse since they last met should they decide the K-1 route. Worse case scenario, they would have to meet-up again somewhere to restart the 2 year window. 

 

But, even if traveling is an issue for either of them, and they instead chose the spousal visa route, wouldn't they have to spend some time together post-marriage before filing for the spousal visa? If that's something that they need to know to factor into their decision.

Edited May 2, 2021 by AJ2019
adding

[Crazy Cat 42,073]

22 minutes ago, AJ2019 said:

But, even if traveling is an issue for either of them, and they instead chose the spousal visa route, wouldn't they have to spend some time together post-marriage before filing for the spousal visa?

A marriage must be consummated ("finished") by both parties being in the presence of each other during or after the ceremony before USCIS will recognize it for immigration purposes.  

 

[David and Anna 118]

not legal advice,  but something to consider;

 

My understanding is the K-1 has little or no "appeal" rights.

 

Otoh, the spouse visa does I beleive.

 

If I had a tricky scenario and thought there was risk of being denied, I would avoid K-1.

 

But then, to be clear, I highly recommend avoiding K-1 altogether and going for spouse visa.

 

(that is based on our experience to date.  There are loads of advantages to the spouse visa and basically none to the K-1 - save maybe quicker time to reunite, but that hasn't proven to be the case of late anyways.  We greatly regret going K-1)

[African Zealot 1,455]

I wouldn’t recommend fiancé visa in your situation because you don’t have a clean immigration history. You could just be setting yourself up for even more time apart if it’s denied and fiancé visas allow consular officers too much discretion. I could see a consular officer telling you you’ve dated long enough to get married if that’s really your intention.

 

Spouse visa is the way to go.

 

My $0.02!

Edited May 2, 2021 by African Zealot

[bakphx1 789]

I don’t see an issue.  You didn’t have illegal entry or presence.  Unless you had misrepresented something that would conflict with the information you file for your visa, there’s not an issue I can see.

[mmgn 0]

On 5/2/2021 at 11:05 PM, AJ2019 said:

Ahh, yes. I was under the misunderstanding from reading the post that they only had 2 years to file upon a visa being revoked or something. But, it makes sense @mmgn didn't want two years to elapse since they last met should they decide the K-1 route. Worse case scenario, they would have to meet-up again somewhere to restart the 2 year window. 

 

But, even if traveling is an issue for either of them, and they instead chose the spousal visa route, wouldn't they have to spend some time together post-marriage before filing for the spousal visa? If that's something that they need to know to factor into their decision.

Unfortunately, it's difficult to travel now since Philippines doesn't allow travel yet because of our COVID situation. That's why I was the one who travelled despite the situation and it just didn't work out. I'm just not sure how the spousal visa will work now, but it's something to really consider.

[mmgn 0]

23 hours ago, David and Anna said:

not legal advice,  but something to consider;

 

My understanding is the K-1 has little or no "appeal" rights.

 

Otoh, the spouse visa does I beleive.

 

If I had a tricky scenario and thought there was risk of being denied, I would avoid K-1.

 

But then, to be clear, I highly recommend avoiding K-1 altogether and going for spouse visa.

 

(that is based on our experience to date.  There are loads of advantages to the spouse visa and basically none to the K-1 - save maybe quicker time to reunite, but that hasn't proven to be the case of late anyways.  We greatly regret going K-1)

I appreciate this! I really just want to know the highest possibility of approval. Hoping that we don't even need to get a waiver.

[AJ2019 58]

22 hours ago, mmgn said:

Unfortunately, it's difficult to travel now since Philippines doesn't allow travel yet because of our COVID situation. That's why I was the one who travelled despite the situation and it just didn't work out. I'm just not sure how the spousal visa will work now, but it's something to really consider.

Oh okay, hopefully the situation will improve for COVID at least for countries allowing US Citizens to come in. 

[CrisBR 30]

On 5/2/2021 at 6:14 AM, mmgn said:

Hi,

 

I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!

Hello! What most people in the same situations as yours, end up deciding to do is to file for a CR1.

It’s on the officer’s discretion to analyze and present a final decision based on the documentation you both will forward them, though. 

[mmgn 0]

10 hours ago, AJ2019 said:

Oh okay, hopefully the situation will improve for COVID at least for countries allowing US Citizens to come in. 

Isn't it fraud or misrepresentation that might hinder the approval? What do you think?

Edited May 5, 2021 by mmgn
.