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K1 is going too be cancelled, can I still visit on the visa waiver?

K1 is going too be cancelled, can I still visit on the visa waiver?

Old Feb 9th 2014, 6:21 pm
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Red face K1 is going too be cancelled, can I still visit on the visa waiver?

Hey guys,

So its unfortunately looking like our K1 visa process is going too come too an end and have too be canceled. We had gotten too the stage where I had booked a medical interview but this had to be cancelled. I'm just wondering if I would be able too visit the USA using the visa waiver program without any hastle? As previously stated we had applied for the K1. I was last in the US October 2012- January 2013. I have never over stayed any visa, I know at the end of the day it is down too the staff at the airport, but what would be my odds of being able too say visit NYC for a weekend?

Thank you very much for all answers.
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Old Feb 9th 2014, 6:35 pm
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Default Re: K1 is going too be cancelled, can I still visit on the visa waiver?

Originally Posted by theacequinn
So its unfortunately looking like our K1 visa process is going too come too an end and have too be canceled.
Without forcing people to review all your prior posts, could you please review why it's going to be cancelled?


I'm just wondering if I would be able too visit the USA using the visa waiver program without any hastle?
If you actually submitted the paperwork for the K-1 visa, then there are only two possible outcomes: approval or denial. Anything that isn't an approval - anything at all - is a denial. If you have submitted the paperwork then you're going to have a denial on your hands... and that denial must be declared on all subsequent US visa applications including ESTA. If you already have an approved ESTA, you must update it and declare the visa denial.

If the I-129F was approved but you haven't yet actually applied for the visa... well then, no worries. Use the VWP and enjoy the trip.

Ian
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Old Feb 9th 2014, 6:42 pm
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Default Re: K1 is going too be cancelled, can I still visit on the visa waiver?

Originally Posted by ian-mstm
Without forcing people to review all your prior posts, could you please review why it's going to be cancelled?



If you actually submitted the paperwork for the K-1 visa, then there are only two possible outcomes: approval or denial. Anything that isn't an approval - anything at all - is a denial. If you have submitted the paperwork then you're going to have a denial on your hands... and that denial must be declared on all subsequent US visa applications including ESTA. If you already have an approved ESTA, you must update it and declare the visa denial.

If the I-129F was approved but you haven't yet actually applied for the visa... well then, no worries. Use the VWP and enjoy the trip.

Ian

Hi Ian,

Sorry for the confusion. It is being cancelled by us as the relationship has broken up, I was not declined in anyway and everything was going fine Visa wise until we called off the relationship :/

The I-129F was approved, but I never went too the medical or the London embassy (I'm a British citizen residing in the UK)

Would I be looking at getting grilled at the border and highly likeley too be declined? Clean criminal record, never overstayed my trips.
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Old Feb 9th 2014, 7:19 pm
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Default Re: K1 is going too be cancelled, can I still visit on the visa waiver?

Originally Posted by theacequinn
The I-129F was approved, but I never went too the medical or the London embassy (I'm a British citizen residing in the UK)
All that's really important is whether or not you submitted the K-1 application. Did you? If not, you'll be fine. If you did, then you're likely going to have to declare a visa denial when you apply for or update ESTA.

Ian

Last edited by ian-mstm; Feb 9th 2014 at 7:23 pm.
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Old Feb 9th 2014, 7:31 pm
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Default Re: K1 is going too be cancelled, can I still visit on the visa waiver?

Originally Posted by ian-mstm
All that's really important is whether or not you submitted the K-1 application. Did you? If not, you'll be fine. If you did, then you're likely going to have to declare a visa denial when you apply for or update ESTA.

Ian
Sorry for being a pain, I really appreciate this help Ian.

Is applying for the visa filling out forms - DS156, DS157, DS230 ect...? I never got around too filing these papers. So I should still be ok too travel right? As I only applied for the petition and not the actual visa, would it even show up on the airports system?
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Old Feb 9th 2014, 7:38 pm
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Default Re: K1 is going too be cancelled, can I still visit on the visa waiver?

Originally Posted by theacequinn
Sorry for being a pain, I really appreciate this help Ian.

Is applying for the visa filling out forms - DS156, DS157, DS230 ect...? I never got around too filing these papers. So I should still be ok too travel right? As I only applied for the petition and not the actual visa, would it even show up on the airports system?
Since it seems you never even applied for the visa, then you won't have a visa denial. Just make sure you have a valid ESTA and then you are free to visit the USA.

It might be helpful just to send London a note using their online form, letting them know you have an approved I-129F but you will not be pursuing a K-1 visa. That way the case is clearly closed and not just left hanging out there.

Rene
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