Advice on abandoned K1 visa now disrupting renewal of B-1/B-2 visa :(

[SalishSea 17,829]

3 hours ago, Nay2223 said:

With the approved K-1 in Lagos

He did not have a K-1 visa approval.  The petition was approved, which is not the same.

[Nay2223 3]

5 hours ago, arken said:

Don't focus on K1 withdrawal it has zero impact on the B2 visa renewal. The marriage will of course be disclosed in DS160 for visa renewal so they know K1 is dead whether withdrawn or not. Withdrawn doesn't mean the record disappears.

 

Pointless to provide such letter. You cannot guarantee that.

 

Yes in the sense they would be aware (not actually see) because he would say Yes to the question on DS 160 - "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" Make sure it is answered Yes otherwise it would be considered lying and it is not good.

 

Since renewal is already applied for, just need to wait, no need to do anything you mentioned that will have no impact.

 

 

Thank you - this is his stance on everything, to wait. I'm over here trying to do what I can but with everyone in your ear it can be hard to think clearly. He did say YES to that question, so to your point K1 or no K1 its void with that answer. Again with all this urgency  to come in April would hate any affect on the bigger picture of spousal visa.

Edited March 11, 2022 by Nay2223

[Nay2223 3]

5 hours ago, Kor2USA said:

Are you sure your husband qualifies for renewal of B1/B2 with interview waiver? 

Here in Korea one of the factors allowing you to renew without interview is: "I have had no refusals for a visa since my most recent visa issuance". 

I can't find the rules for visa renewals on the US Embassy Canada website but the denial in Nigeria might impact his ability to renew his visa not just the previous K1 application and the existing I-130 at USCIS. 

 

Well he checked everything and there was nothing that said that. However his application is still under review and if they require an interview they will let him know. 

[Redro 4,611]

1 hour ago, Nay2223 said:

Well he checked everything and there was nothing that said that. However his application is still under review and if they require an interview they will let him know. 

Okay. I know all consulates operate differently so hopefully they don't reject him out right and either renew his visa or schedule him for an interview. 

Good luck! Keep us updated on the process. 

[Nay2223 3]

5 minutes ago, Kor2USA said:

Okay. I know all consulates operate differently so hopefully they don't reject him out right and either renew his visa or schedule him for an interview. 

Good luck! Keep us updated on the process. 

Thanks ! 🙏🏾

[Cathi 5,748]

The chances of a b1/b2 approval are even lower with a pending spouse visa and that letter you sent, means absolutely nothing to them. Who told you that sending a letter would make any difference? Anyone can say that they won't stay but so many that have come before you have abused b1/b2 visas and stayed so that it makes it much more difficult everyone else. Everyone is assumed to have immigrant intent. Everyone. Having a pending immigrant visa is more evidence of that.

[Rose711 35]

Can you go to Canada and marry him? I don’t think and April wedding in the US will happen.

[Mike E 11,739]

12 hours ago, Nay2223 said:

I just need advice. We filed for the K-1 visa in May 2020 - it was approved in February 2021 and was at the NVC stage for months. We decided to forget that route and get married and I filed for the spousal visa in July 2021 (still in review by USCIS). 

 

11 hours ago, Nay2223 said:

 

Thank you, this is what we've certainly been coming to terms with. We planned a wedding ceremony for April  . 

 

51 minutes ago, Rose711 said:

Can you go to Canada and marry him? I don’t think and April wedding in the US will happen.

So I am confused.  They are already married.  

[Crazy Cat 41,865]

2 hours ago, Rose711 said:

Can you go to Canada and marry him? I don’t think and April wedding in the US will happen.

They are married already.  The OP has already filed an I-130.

[JeanneAdil 6,508]

14 hours ago, Nay2223 said:

 

Thank you, this is what we've certainly been coming to terms with. We planned a wedding ceremony for April (knowing the risks!), but still trying to remain optimistic. At this point I want to send the letter formally withdrawing the K-1 -- but with the spousal still in the USCIS stage is this something that they're able to see? During the renewal interview for B1/B2 they only mentioned the K1 as it was in NVC then, but no mention of a pending spousal in USCIS.   how  did u do a spousal petition when not married yet?

 

I was also advised to write a letter assuring that he's not traveling on this visit with intent to immigrate (with the receipts and all that stuff showing that we planned the ceremony). Everything I've read doesn't indicate that this is worth my energy but I was advised to try this anyway. I know the prospects are grim and that the financial loss of this risk is coming - but I want to know that I've done all the things I can. 

 

[Redro 4,611]

3 hours ago, Mike E said:

 

 

So I am confused.  They are already married.  

 

1 hour ago, Crazy Cat said:

They are married already.  The OP has already filed an I-130.

 

15 hours ago, Nay2223 said:

 

Thank you, this is what we've certainly been coming to terms with. We planned a wedding ceremony for April (knowing the risks!), but still trying to remain optimistic. At this point I want to send the letter formally withdrawing the K-1 -- but with the spousal still in the USCIS stage is this something that they're able to see? During the renewal interview for B1/B2 they only mentioned the K1 as it was in NVC then, but no mention of a pending spousal in USCIS.

 

I was also advised to write a letter assuring that he's not traveling on this visit with intent to immigrate (with the receipts and all that stuff showing that we planned the ceremony). Everything I've read doesn't indicate that this is worth my energy but I was advised to try this anyway. I know the prospects are grim and that the financial loss of this risk is coming - but I want to know that I've done all the things I can. 

OP is planning on having a second ceremony in the States. 

Some people like to have several wedding ceremonies in different countries... 

Might be better to cancel the ceremony and have a vow renewal after he receives his spousal visa. 

Edited March 11, 2022 by Kor2USA

[jan22 3,056]

8 hours ago, Nay2223 said:

Well he checked everything and there was nothing that said that. However his application is still under review and if they require an interview they will let him know. 

I know this is not what you want to hear, but if there's any way to recoup some of your money for the April event by cancelling or rescheduling it, I would begin to do so sooner than later.  I would like to be wrong, but I'm 99+% sure he will not get a B2 visitor visa without an interview, which is the only way the visa could be issued within a month.  Why do I say he will need an interview?   If I understood all of the following points from your posts correctly:

1. National of a very high fraud country.
2. Last B2 vIsa issued in Nigeria (I assume).
3. Visa application to renew that visa denied in Nigeria.
4. Immigrated to Canada, first B2 application there, so no consular evaluation of Canadian situation.
5. US citizen spouse, with clear intent to immigrate as soon as possible.

All of these issues will be of concern to the officer reviewing the "drop box" application for a visitor visa.  The only way to get those answers and maybe issue the B2 visa is to interview him.  

[African Zealot 1,455]

To be very clear, the fact that someone has an immigrant petition pending doesn’t automatically disqualify that person from getting a non immigrant visa. Many people with pending immigrant petitions have successfully renewed their non immigrant visas and traveled on them.

 

Immigrant intent is determined by the consular officer at time of application for the particular trip you’re applying for, or by the CBP officer at the border for that particular visit. You can have immigrant intent for when your immigrant visa is approved but not for this particular visa application or this particular visit.

 

I just felt I needed to emphasize that.

 

However overall having displayed immigrant intent for any particular period, now or in the future is a red flag for your non immigrant visa application regardless. 
 

Quote

My plan is to get a notarized letter and fax it to the consulate in Nigeria today,  but is this gonna be another red flag?

A waste of time, won’t do diddly squat for his application or credibility, could rather be a red flag.

Edited March 11, 2022 by African Zealot

[Boiler 45,519]

Nobody is suggesting it is impossible 

 

I would not make any definite plans around getting it

[Rose711 35]

10 hours ago, Mike E said:

 

 

So I am confused.  They are already married.  

I misread! Thanks for correcting!