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B1/B2 Renewal Denied, Can MIL enter with current valid B1/B2

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Filed: K-1 Visa Country: Kuwait
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Question/Situation, my mother-in-law recently got her visitor visa renewal application denied. The CBP officer didn’t cancel her current valid visitor visa. Could she still come to visit us until her visa expiry date?

 

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Filed: Citizen (apr) Country: Taiwan
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"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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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Filed: Citizen (apr) Country: Taiwan
Timeline
10 minutes ago, AJ2019 said:

Question/Situation, my mother-in-law recently got her visitor visa renewal application denied. The CBP officer didn’t cancel her current valid visitor visa. Could she still come to visit us until her visa expiry date?

 

When does her "valid" visa expire?   

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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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Filed: K-1 Visa Country: Wales
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It could have been cancelled, just not the passport updated.

 

She could have been refused a visa or reasons that would make future entries very unlikely.

 

She may have had her visa cancelled automatically by overstaying

 

She may have been refused a visa that has no consequences for visiting on the current one.

 

May be other scenarios that do not come currently to mind.

“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.”

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Filed: K-1 Visa Country: Kuwait
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4 minutes ago, Boiler said:

It could have been cancelled, just not the passport updated.

 

She could have been refused a visa or reasons that would make future entries very unlikely.

 

She may have had her visa cancelled automatically by overstaying

 

She may have been refused a visa that has no consequences for visiting on the current one.

 

May be other scenarios that do not come currently to mind.

Denial was based on 214(b)

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1 minute ago, AJ2019 said:

July 2022

 

Are you sure the visa is still valid?  Have you checked with the consulate?  Note that visas can be revoked electronically, even if the consulate does not physically cancel the visa with a stamp.

 

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Filed: K-1 Visa Country: Wales
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2 minutes ago, AJ2019 said:

Denial was based on 214(b)

Has she been visiting a lot?

“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.”

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Filed: Citizen (apr) Country: Myanmar
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6 minutes ago, Crazy Cat said:

Of those answers the one that matters is the one written by 
 

Kathryn Berck

 

She is a retired consular officer who conducted interviews and issued visas.  

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Filed: K-1 Visa Country: Kuwait
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4 minutes ago, Chancy said:

 

Are you sure the visa is still valid?  Have you checked with the consulate?  Note that visas can be revoked electronically, even if the consulate does not physically cancel the visa with a stamp.

 

Actually, we don’t know. Do you know how we should check? Embassy was in Kuwait. Thanks

2 minutes ago, Boiler said:

Has she been visiting a lot?

Only visit past 2 years was this past October for 10 days.  Before that twice a year for about 2-3 weeks. 

Edited by AJ2019
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Filed: Citizen (apr) Country: Russia
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You may want to have the MIL check with the US Consulate to make sure her current B2 visa is still valid prior to her travel.

 

https://kw.usembassy.gov/visas/

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: K-1 Visa Country: Kuwait
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1 minute ago, Dashinka said:

You may want to have the MIL check with the US Consulate to make sure her current B2 visa is still valid prior to her travel.

 

https://kw.usembassy.gov/visas/

Will do, thank you!

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9 hours ago, AJ2019 said:

Denial was based on 214(b)

I can't imagine any scenario where the previous visa would remain valid, since they think she is coming over to try and adjust status.

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Filed: Citizen (apr) Country: Ghana
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53 minutes ago, Jorgedig said:

I can't imagine any scenario where the previous visa would remain valid, since they think she is coming over to try and adjust status.

 

 

10 hours ago, AJ2019 said:

Question/Situation, my mother-in-law recently got her visitor visa renewal application denied. The CBP officer didn’t cancel her current valid visitor visa. Could she still come to visit us until her visa expiry date?

 

I seriously doubt it. I was in the same situation in 1999, I had about 5 days left on my one year visitor  visa when my renewal application was denied. Had wanted to catch a quick flight to the USA within that window but was a broke new grad without the funds to afford a ticket.
 

In hindsight I think I was lucky I couldn’t afford it because I would most likely have been denied entry upon arrival and perhaps barred for 5 years and unable to get a student visa the following year which ultimately started my immigration journey.

Edited by African Zealot

Just another random guy from the internet with an opinion, although usually backed by data!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Filed: Citizen (apr) Country: Russia
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8 minutes ago, African Zealot said:

Nothing the OP said suggests the refusal was because they thought she’s trying to come over to adjust. Could be due to another inadmissibility or technicality.

OP said denial was for 214(b) which is intent to immigrate.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

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17-Jun-2021: Certificate of Naturalization issued

 

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