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weshallsee

Questions about cancelling

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Filed: Timeline

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 by weshallsee

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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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Country: Jamaica
Timeline

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.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: Timeline
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?

I don't believe there's a way you personally can cancel the Visa, since it was issued to her and not you.

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).

You could maybe call USCIS, perhaps they'll flag her and deny entry. But you personally can't prevent her from entering the US.

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?

You will need to apply for a waiver if you apply for another K-1 within the next 2 years. These are almost always approved.

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Filed: AOS (pnd) Country: Philippines
Timeline

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


1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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Filed: K-1 Visa Country: Ukraine
Timeline

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

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.

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Filed: Timeline

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!

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Filed: Timeline
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.

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Filed: Other Country: China
Timeline
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 by pushbrk

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Filed: Timeline
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!

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Filed: Timeline

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!

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Filed: Other Country: China
Timeline
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.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Timeline
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.

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Filed: Other Country: China
Timeline
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 by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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