Abandoned K-1, Rentry permitted?
Nov 11th 2004, 6:02 am
#16
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by USA & Pakistan
Letters promising good intentions are not proof of compelling ties to return to the home country.
Good Luck!
Marnee
Good Luck!
MarneeOf course not. That's why I said we had no ties. But we're wondering what else we can provide that might support us.
Nov 11th 2004, 6:12 am
#17
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Joined: Jun 2004
Location: California
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by kellogs
We didn’t notify them, no because we didn’t see a need to. At that precise time we weren’t sure which direction we’d be going in. Plus we knew they’d take out the 1-94 on departure.
As it stands I currently have no ties in London due to it only being six weeks since I last left the country and had to break them all. So all we’re able to provide on my return visit (using the VWP) is letters stating that our intent is not to marry on this visit and hope for the best, I guess. Just wondering if anyone else had done this and didn’t have a problem or can offer advice as to what other documents, if any, may help.
As it stands I currently have no ties in London due to it only being six weeks since I last left the country and had to break them all. So all we’re able to provide on my return visit (using the VWP) is letters stating that our intent is not to marry on this visit and hope for the best, I guess. Just wondering if anyone else had done this and didn’t have a problem or can offer advice as to what other documents, if any, may help.
The first K-1 may have screwed you with with using the VWP.
Patrick
Nov 11th 2004, 6:20 am
#18
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by Folinskyinla
Hi:
No.
No.
Nov 11th 2004, 6:24 am
#19
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by inquisitive40
You would MAYBE have a 50/50 chance of being refused at POE, I am pretty sure that USCIS will see you previous K-1 on their computer and so with a lack of evidence with ties to the UK they will not be too keen on allowing you entry.
The first K-1 may have screwed you with with using the VWP.
Patrick
The first K-1 may have screwed you with with using the VWP.
Patrick
Kellogs, maybe you could explain to them that you had to leave due to extenuating circumstances before you could fulfill the terms of the visa and now you are returning to discuss the possibility of filing the I-129f again and getting the paperwork sorted. I think that is the best you can do. You can't lie about it, so you can only do your best and hope that they allow you entry. It's better to have tried and failed than not to try at all.
And if the POE officer decides to not let you enter, I'm pretty certain that that cannot be held against you for the future K1 visa - I could be wrong about that so someone correct me if I am.
Nov 11th 2004, 6:30 am
#20
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by andrea874
Best response EVER, but wheres the Paul Simon quote?
Quote was not appropriate. Besides, I think they are at way number 163.
Nov 11th 2004, 6:39 am
#21
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by sunflwrgrl13
Hmmm..so they will definitely know she had a K1 because they will see it in her passport. They will also know (at least they should!) that she has already used it. There is no statement in the INA, AFAIK, that says "if you had a K1 previously you can't use the VWP." The INA clearly states who is not eligible for the VWP and previous K1ers are not on that list.
Kellogs, maybe you could explain to them that you had to leave due to extenuating circumstances before you could fulfill the terms of the visa and now you are returning to discuss the possibility of filing the I-129f again and getting the paperwork sorted. I think that is the best you can do. You can't lie about it, so you can only do your best and hope that they allow you entry. It's better to have tried and failed than not to try at all.
And if the POE officer decides to not let you enter, I'm pretty certain that that cannot be held against you for the future K1 visa - I could be wrong about that so someone correct me if I am.
Kellogs, maybe you could explain to them that you had to leave due to extenuating circumstances before you could fulfill the terms of the visa and now you are returning to discuss the possibility of filing the I-129f again and getting the paperwork sorted. I think that is the best you can do. You can't lie about it, so you can only do your best and hope that they allow you entry. It's better to have tried and failed than not to try at all.
And if the POE officer decides to not let you enter, I'm pretty certain that that cannot be held against you for the future K1 visa - I could be wrong about that so someone correct me if I am.
Patrick
Nov 11th 2004, 7:15 am
#22
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by inquisitive40
My reference to the K-1 screwing the VWP for her was not meant that "there is a rule" BUT the previous K-1 showed intent to immigrate, why would any POE officer believe any story other than the fact that there was previous intent and that she has no UK ties and so is VERY high risk of having immigrant intent again.
Patrick
Patrick
Nov 11th 2004, 7:22 am
#23
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by spolizzi
Hi, awhile ago my fiance and I successfully navigated the K-1 visa route and got her into the country to marry me. However, due to various personal circumstances she needed to leave the country again about a month after entering. She handed in her I-94, was not deported, and was never out of status.
Nov 11th 2004, 7:24 am
#24
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by Matthew Udall
Just curious; what was the date of expiration that was listed on the I-94 (the end of the 90 day period of time that she was given when she first entered with the K-1)?
Nov 11th 2004, 7:27 am
#25
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by spolizzi
90 days after Sept 9th.
Last edited by Matthew Udall; Nov 11th 2004 at 8:07 am.
Nov 11th 2004, 7:39 am
#26
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by Matthew Udall
Just to be clear, are you saying she entered on Sept. 9th and then had 90 days of authorized time in the U.S., or if you are saying she entered 90 days before Sept. 9th. I "think" I know what you meant with your reply, but I just want to make sure.
Nov 11th 2004, 8:02 am
#27
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Re: Abandoned K-1, Rentry permitted?
Originally Posted by spolizzi
She entered on Sept 9th and had 90 days from there.
http://foia.state.gov/masterdocs/09fam/0941081N.pdf
Nov 11th 2004, 12:15 pm
#28
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Re: Abandoned K-1, Rentry permitted?
Check with the U.S. Embassy in London. If the original approved fiance
petition is still valid, I think she can apply for a second K1 visa based
on the petition. I may be wrong.
petition is still valid, I think she can apply for a second K1 visa based
on the petition. I may be wrong.
Nov 12th 2004, 4:08 am
#29
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Re: Abandoned K-1, Rentry permitted?
Actually, I think what you probably meant was:
Yes. (I DO mind elaborating or offering some advice/suggestions).
Correct?
Since you're so fond of being nitpicky about the wording of people's posts,
I thought I would be, too. :)
- Eric S.
"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected] m...
>> Would you mind elaborating or offering some advice/suggestions?
> Hi:
> No.
> --
> Certified Specialist
> Immigration & Nat. Law
> Cal. Bar Board of Legal Specialization
> Posted via http://britishexpats.com
Yes. (I DO mind elaborating or offering some advice/suggestions).
Correct?
Since you're so fond of being nitpicky about the wording of people's posts,
I thought I would be, too. :)
- Eric S.
"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected] m...
>> Would you mind elaborating or offering some advice/suggestions?
> Hi:
> No.
> --
> Certified Specialist
> Immigration & Nat. Law
> Cal. Bar Board of Legal Specialization
> Posted via http://britishexpats.com
