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JMC2018

Left country on K1 visa.

By JMC2018 in Working & Traveling During US Immigration

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JMC2018 Rookie

JMC2018   0

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My wife is an Australian citizen and was in the country on a K1 visa. She had to leave and go back to Australia for personal reasons but we never submitted the adjustment of status. Due to the fact that my wife is an Australian citizen and they don’t require visas to come to the U.S. will my wife be allowed back into the country?

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TBoneTX Grand Master

TBoneTX   45,309

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

You'll have to file an I-130 petition and wait out that processing time.

 

In circumstances like hers, the only exception to enable returning (and not a guaranteed one at all) is if the K-1 entrant leaves and returns within the 90-day period after having notified the consulate of the need and getting approval.  This is very rare.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   45,309

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

She entered on a K-1 visa, which has definitive conditions attached to it.  Her immigrant status is "K-1 visa entrant" and not "Australian tourist on the Visa Waiver Program."

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Timona Experienced

Timona   4,207

Posted
Filed: Citizen (apr) Country: Kenya
 Timeline
Posted

Yes, after 1.5 - 2 years.

Time to start the I-130 online. 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Chancy Grand Master

Chancy   6,241

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
12 hours ago, JMC2018 said:

Due to the fact that my wife is an Australian citizen and they don’t require visas to come to the U.S. will my wife be allowed back into the country?

 

Is your wife intending to stay and live in the US?  If so, she cannot use ESTA to travel to the US with intent to stay and adjust status.  That would be fraud.  As others have mentioned, she would need a spouse visa to migrate to the US.  You would need to file an I-130 petition for her to start the spouse visa process.

 

If your wife just wants to visit the US then return to Australia within 90 days, she may try applying for ESTA.  But if she stayed longer than 90 days in the US after her entry with K1 visa, she will need to declare that overstay on her ESTA application which will likely be denied.

 

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Boiler Grand Master

Boiler   45,525

Posted
Filed: K-1 Visa Country: Wales
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Posted

Back into the country to do what? Visit?

“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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Daphne . Proficient

Daphne .   1,866

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
 Timeline
Posted
15 hours ago, JMC2018 said:

Why wouldn’t  she be allowed back in If any Australian citizen can visit the US without a visa?

She can try to visit you, but it is clear that her intention is not to visit, but to stay. 

 

You need to file for the CR1 (spousal visa) now.

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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JKLSemicolon Community Regular

JKLSemicolon   413

Posted
Filed: Lift. Cond. (pnd) Country: Ecuador
 Timeline
Posted

We were in a similar situation in that my wife had to leave the US for personal reasons before adjusting status from a K1 visa. We started over with an I-130 petition, which took about 9 months from start to finish. Processing times vary greatly and can be much longer, so I echo the advice of sending in a well-prepared petition ASAP. I emphasize well-prepared because I believe that this can help officers adjudicate the case more efficiently.


After sending in the I-130 petition, we considered having my wife apply for a new B visa (the previous one was voided upon being issued a K1). We planned on being transparent about her only wanting to visit temporarily while the I-130 petition was in process. It probably would have been denied but we never found out since B visa appointments at the time were impossible to find due to pandemic-related backlogs.

 

In your wife’s case she could try for the ESTA, which for reasons of transparency I would recommend doing after the new petition has been filed (others may disagree). Expect it to be denied but if granted it should only be used for temporary, short, and infrequent visits until she is able to get an immigrant visa in Australia through the I-130 process.

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TBoneTX Grand Master

TBoneTX   45,309

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

It has been pointed out that the OP had a previous thread:

https://www.visajourney.com/forums/topic/781951-is-i485-needed-before-i131/

 

The advice there was similar to the advice in this thread.  The earlier thread has been locked, and it's unclear what further advice can be given in the current thread.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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powerpuff Veteran

powerpuff   6,708

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted

~~ Topic moved from K1 forum to Working & Traveling during US immigration - similar topics have been discussed here and it serves as a cautionary tale for K1 applicants who wish to leave before receiving I-131 AP ~~

 

 

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