Questions about cancelling

[weshallsee 0]

The person to whom I was engaged many months ago had their K-1 fiancee visa approved a little more than 4 months ago. Unfortunately there are some issues and our engagement is in doubt right now. Just a few questions about if/when we call it off. They still haven't entered the US, so we still have some time in case things improve.

1- After the visa has been issued, but prior to it being used (ie they didn't enter US), how does one go about cancelling the Visa? Can it be "cancelled" if the engagement breaks off? Can I, as the petitioner, ask that the Visa be revoked prior to it being used?

2- Is there a way I can prevent the fiance from entering the US after Visa has been issued? They know that they have 90 days to get married, and if the engagement is off, I would prefer that they not have the option to have a 3 month "vacation" in the US before they have to go back (they have family relatives and friends in US that they wouldn't mind visiting).

3- Similarly, if Visa is issued but was not used, how, if at all, does this affect future K1/K3 applications, should I decide to seek a spouse from abroad?

Thanks for your help.

Edited January 31, 2008 by weshallsee

[john_and_marlene 162]

The person to whom I was engaged many months ago had their K-1 fiancee visa approved a little more than 4 months ago. Unfortunately there are some issues and our engagement is in doubt right now. Just a few questions about if/when we call it off. They still haven't entered the US, so we still have some time in case things improve.

1- After the visa has been issued, but prior to it being used (ie they didn't enter US), how does one go about cancelling the Visa? Can it be "cancelled" if the engagement breaks off? Can I, as the petitioner, ask that the Visa be revoked prior to it being used?

2- Is there a way I can prevent the fiance from entering the US after Visa has been issued? They know that they have 90 days to get married, and if the engagement is off, I would prefer that they not have the option to have a 3 month "vacation" in the US before they have to go back (they have family relatives and friends in US that they wouldn't mind visiting).

3- Similarly, if Visa is issued but was not used, how, if at all, does this affect future K1/K3 applications, should I decide to seek a spouse from abroad?

Thanks for your help.

You will have to request a waiver if 2 k1s are filed within a 2 year period or if more than 2 k1s ever.

[*JG* 2]

There is no way to cancel the visa once it is issued.

There is no way to stop someone from entering the US after the visa is approved.

Regardless of what happens with the visa, used or unused, you will have a wait and some explaining to do before you are approved for another marriage-based visa.

[chris4gretchen 1]

Once the visa is issued it is good for 6 months. if hers was issued 4 months ago, then in 2 months it will expire. Once its used if you dont marry within 90 days then the visa also expires. It is only good if she marries YOU. she cant come here and then meet someone else and marry them and adjust. So even if she comes here within the 2 months left on the visa, she cant stay if you dont marry her. After 90 days she has to return.

Chris

[zqt3344 21]

You do not have to do a thing, just do not get married to the person, they can wither on the vine!

The person to whom I was engaged many months ago had their K-1 fiancee visa approved a little more than 4 months ago. Unfortunately there are some issues and our engagement is in doubt right now. Just a few questions about if/when we call it off. They still haven't entered the US, so we still have some time in case things improve.

1- After the visa has been issued, but prior to it being used (ie they didn't enter US), how does one go about cancelling the Visa? Can it be "cancelled" if the engagement breaks off? Can I, as the petitioner, ask that the Visa be revoked prior to it being used?

2- Is there a way I can prevent the fiance from entering the US after Visa has been issued? They know that they have 90 days to get married, and if the engagement is off, I would prefer that they not have the option to have a 3 month "vacation" in the US before they have to go back (they have family relatives and friends in US that they wouldn't mind visiting).

3- Similarly, if Visa is issued but was not used, how, if at all, does this affect future K1/K3 applications, should I decide to seek a spouse from abroad?

Thanks for your help.

[weshallsee 0]

Thaks for all your responses/suggestions.

It's now officially over. I'm absolutely confident I made the right decision because the true nature of people finally came out in the end.

If there is a way I can get a hold of the sealed envelop, will that guarantee that they won't be able to enter the US?

Another q: Now that the engagement is over, should I contact the Embassy that issued the visa and notify them that we will not get married? Should I contact the Department of State and tell them?

The reason I ask is that, in the future, if I decide to go the K-1/K-3 route, I don't want the powers that be tell me "well, why didn't you tell us that it over" or that the visa that was issued to my ex-fiance won't be used for marriage.

Thanks so much for you help; you guys are great!

[Chica Yeyé 41]

Thaks for all your responses/suggestions.

It's now officially over. I'm absolutely confident I made the right decision because the true nature of people finally came out in the end.

If there is a way I can get a hold of the sealed envelop, will that guarantee that they won't be able to enter the US?

Another q: Now that the engagement is over, should I contact the Embassy that issued the visa and notify them that we will not get married? Should I contact the Department of State and tell them?

The reason I ask is that, in the future, if I decide to go the K-1/K-3 route, I don't want the powers that be tell me "well, why didn't you tell us that it over" or that the visa that was issued to my ex-fiance won't be used for marriage.

Thanks so much for you help; you guys are great!

Sorry to hear your engagement broke - sending you good vibes.

Nope - the sealed envelop I think it's for the K1 beneficiary. And you cannot prevent the person from entering the US.- Only think for you to do is do nothing: like folks already said, if you don't marry within 90 days of entry, the visa is no longer valid.

[pushbrk 14,514]

Thaks for all your responses/suggestions.

It's now officially over. I'm absolutely confident I made the right decision because the true nature of people finally came out in the end.

If there is a way I can get a hold of the sealed envelop, will that guarantee that they won't be able to enter the US?

Another q: Now that the engagement is over, should I contact the Embassy that issued the visa and notify them that we will not get married? Should I contact the Department of State and tell them?

The reason I ask is that, in the future, if I decide to go the K-1/K-3 route, I don't want the powers that be tell me "well, why didn't you tell us that it over" or that the visa that was issued to my ex-fiance won't be used for marriage.

Thanks so much for you help; you guys are great!

Sorry to hear your engagement broke - sending you good vibes.

Nope - the sealed envelop I think it's for the K1 beneficiary. And you cannot prevent the person from entering the US.- Only think for you to do is do nothing: like folks already said, if you don't marry within 90 days of entry, the visa is no longer valid.

You, the USC, petitioned for your fiance(e)'s right to apply for a visa and they now have the visa. If they enter the US in before the expiration date of the visa, that is their priveledge. Nothing more is in your control except whether to marry and proceed further. If they enter and you don't marry, it isn't the visa that expires after 90 days. It's the I-94 and their legal status. The I-134 is not legally enforceable on the USC in any way.

Any future I-129F filed will require a waiver, regardless of whether this visa holder enters the US or anything the USC has control over at this point.

If they decide to use the visa to take a 90 day vacation, that's up to them.

Edited February 3, 2008 by pushbrk

[Chica Yeyé 41]

You, the USC, petitioned for your fiance(e)'s right to apply for a visa and they now have the visa. If they enter the US in before the expiration date of the visa, that is their priveledge. Nothing more is in your control except whether to marry and proceed further. If they enter and you don't marry, it isn't the visa that expires after 90 days. It's the I-94 and their legal status. The I-134 is not legally enforceable on the USC in any way.

Any future I-129F filed will require a waiver, regardless of whether this visa holder enters the US or anything the USC has control over at this point.

If they decide to use the visa to take a 90 day vacation, that's up to them.

Well put pushbrk!

[weshallsee 0]

Thanks everyone.

So, I don't need to notify anyone about what happened?

You, the USC, petitioned for your fiance(e)'s right to apply for a visa and they now have the visa. If they enter the US in before the expiration date of the visa, that is their priveledge. Nothing more is in your control except whether to marry and proceed further. If they enter and you don't marry, it isn't the visa that expires after 90 days. It's the I-94 and their legal status. The I-134 is not legally enforceable on the USC in any way.

Any future I-129F filed will require a waiver, regardless of whether this visa holder enters the US or anything the USC has control over at this point.

If they decide to use the visa to take a 90 day vacation, that's up to them.

Well put pushbrk!

[pushbrk 14,514]

Thanks everyone.

So, I don't need to notify anyone about what happened?

No, you don't need to notify anyone.

There may be no need and it won't change anything about the visa holder's privileges but if I were you I'd get a letter in the case file indicating the relationship ended between visa issue and US entry. I would be in a rush though.

[weshallsee 0]

Thanks everyone.

So, I don't need to notify anyone about what happened?

No, you don't need to notify anyone.

There may be no need and it won't change anything about the visa holder's privileges but if I were you I'd get a letter in the case file indicating the relationship ended between visa issue and US entry. I would be in a rush though.

To whom would I send this? USCIS, NVC, DoS? Thanks.

[pushbrk 14,514]

Thanks everyone.

So, I don't need to notify anyone about what happened?

No, you don't need to notify anyone.

There may be no need and it won't change anything about the visa holder's privileges but if I were you I'd get a letter in the case file indicating the relationship ended between visa issue and US entry. I would be in a rush though.

To whom would I send this? USCIS, NVC, DoS? Thanks.

USCIS at the service center that approved the petition. I meant "would not be in a rush". You would want it there far in advance of any new petition, if any. If you never petition again, it won't matter one way or another.

Edited February 4, 2008 by pushbrk

[bakofoil 27]

The I-134 is not legally enforceable on the USC in any way.

Interesting. Is that true in all cases or just the circumstances described here?

[pushbrk 14,514]

The I-134 is not legally enforceable on the USC in any way.

Interesting. Is that true in all cases or just the circumstances described here?

All cases but the I-864 is fully enforceable.