How do you undo the K-1?

[Korgan 0]

Hey guys,

If someone came here on a K1 visa, got married and then decided to permanently leave the country (returning to their own country), what would happen? I read about the i-751 (Petition to Remove the Conditions of Residence) form that one fills out. The filling fee is $545. What if you didn't send this in? Why is there a charge of $545 so that someone else can update their paperwork?

Essentially, what do you do when your marriage didn't work and you have to leave and you have no money?

[Dodi 69]

If they leave the country on their own, the Removal of Conditions wouldn't have anything to do with it. They'd need to either find a way home, or go through their country's embassy to request assitance if it were a case of being destitute and unable to return on their own. Unfortunately, once you're here and not out of status, the USCIS doesn't really care how you get home if you aren't being deported.

What is the current immigration status of the K1'er in question? Did they AOS or are they still on the K1?

[canadian_wife 1,791]

Did you file AOS after the marriage?

Good luck

[NigeriaorBust 4,087]

The person can turn in their green card when they leave or in their own country and then that will serve as the end of the process. If they don't and try to visit later on a visa waiver/visa the expired green card may cause issues.

[Korgan 0]

Yep, they filed the AOS. Their interview and biometrics in Memphis is coming up this month.

[Inky 1,110]

You have to get a new green card after the first one ( the one you get from AOS ) that is why ROC has a fee, you are applying for a new card that is 10 years with restrictions removed. Its not just someone to renew your file.

Did the person already leave? and plan to come back for the interview? Did they leave without AP documents if they left?

Do they plan to get the green card and then leave and not come back?

[Ryan H 3,790]

Yep, they filed the AOS. Their interview and biometrics in Memphis is coming up this month.

If the person leaves the country before the AOS status is complete and were not granted advanced parole (AP), then the petition will be considered abandoned and the process will end.

As for the person who departed, they would not be able to re-enter on the same K1. If they are from a country that does not participate in the US Visa Waiver Program, then they would have to obtain a visitors visa. Whether or not they would be flagged in the system after having abandoned a previous AOS petition, I couldn't say. If they are from a VWP participating country, they would have to apply for and obtain ESTA prior to traveling on the VWP. Again, I cannot answer if they would be flagged in the system for having abandoned a previous AOS petition.

[HeatDeath 430]

Hey guys,

If someone came here on a K1 visa, got married and then decided to permanently leave the country (returning to their own country), what would happen? I read about the i-751 (Petition to Remove the Conditions of Residence) form that one fills out. The filling fee is $545. What if you didn't send this in? Why is there a charge of $545 so that someone else can update their paperwork?

Essentially, what do you do when your marriage didn't work and you have to leave and you have no money?

It depends on where you are in the process:

If you have entered on the K-1 but not yet married, then you simply leave.

If you have married but not yet filed for Adjustment of Status, you get a divorce, and then simply leave.

If you have filed for Adjustment of Status, but it has not yet been approved, you get a divorce, write USCIS a letter stating that you are withdrawing your application to adjust status, and then you just leave.

If you have your green card, there is a form you fill out to formally surrender it. You get a divorce, fill that out and leave.

If you don't fill out an I-751, your permanent residence status will expire when your card does. After that and the divorce, you just leave. If you have no intention of staying here after the gc expires, you have no need whatsoever to file the I-751, though you should probably still formally surrender the card. It will make any future visa applications smoother.

The charge for the I-751 is just to pay for it to be adjudicated. USCIS has to pay it's own way with fees - they don't get money from taxes. The reason the I-751 even exists isn'y just "to update their paperwork" - it's to make it so that would-be scammers have to keep their USC mark happy, married and fooled for 2 whole years, before they get a GC that no longer depends on the marriage. A lot of scammers who would stay in a fake marriage for 4-6 months balk at having to stay in for 2 years. It's a protection mechanism for the USC, mostly.

[1HappyGuy 45]

Yep, they filed the AOS. Their interview and biometrics in Memphis is coming up this month.

I would recommend they get an info pass to their local USCIS office to discuss their situation before the biometrics and AOS interview. The foreign citizen is likely out of status so leaving this country could put that person in jeopardy of having overstayed their visa and losing any opportunity to re-enter the United States for 10 years. There is also the need to get either an annulment or a divorce, freeing both people. If the intent is to return to his/her country, then get proper legal advice or some type of authorization from the USCIS to avoid the illegal status aspect and then find the money to close the marriage and send someone back home.

Sorry this happened, but it is better both find this out now.

[HeatDeath 430]

I wouldn't have thought illegal status would be a problem. As I understand it, you stop accumulating out-of-status days when your I-485 NOA1 is issued. From that point on you're fine, I thought.

[Anh map 2,098]

Hey guys,

If someone came here on a K1 visa, got married and then decided to permanently leave the country (returning to their own country), what would happen? I read about the i-751 (Petition to Remove the Conditions of Residence) form that one fills out. The filling fee is $545. What if you didn't send this in? Why is there a charge of $545 so that someone else can update their paperwork?

Essentially, what do you do when your marriage didn't work and you have to leave and you have no money?

The person really doesn't need to do anything "immigrationwise." The K1 visa expired the moment they entered the US.

From what you tell us the person doesn't have any sort of permanent status in the US. No need to go through the Adjustment of Status if the intention is to not return to the US. All they would need to do is make travel arrangements and return to their home country.

[Gary and Alla 3,694]

Hey guys,

If someone came here on a K1 visa, got married and then decided to permanently leave the country (returning to their own country), what would happen? I read about the i-751 (Petition to Remove the Conditions of Residence) form that one fills out. The filling fee is $545. What if you didn't send this in? Why is there a charge of $545 so that someone else can update their paperwork?

Essentially, what do you do when your marriage didn't work and you have to leave and you have no money?

Buy a ticket and go home. The status as permanent resident expires. Bye-bye.