K1 cancellation after receiving NOA2

[Natureboy 1]

When we received our NOA2 my beneficiary informed me she wanted to come to US and get married after getting VISA then immediately return to China and work out her retirement until age 50 for her. That would take two years. I have job, house and investments in US so I have no choice but to live in US. I said no. Need to cancel K1 process. Do not trust what next surprise will be. I am 65 and two years long time. Help please

[Merrytooth 5,748]

When we received our NOA2 my beneficiary informed me she wanted to come to US and get married after getting VISA then immediately return to China and work out her retirement until age 50 for her. That would take two years. I have job, house and investments in US so I have no choice but to live in US. I said no. Need to cancel K1 process. Do not trust what next surprise will be. I am 65 and two years long time. Help please

To stop the K-1 Visa, prepare a letter explaining that you'd like to withdraw/stop the K-1 Visa. It wouldn't hurt to have your signature on the letter notarized. Send / Fax the letter, along with a copy of the NOA2, to the US Embassy in Guangzhou.

[bigdog 377]

We have a friend who's wife did something similar will ask.

[Brad and Vika 129]

To stop the K-1 Visa, prepare a letter explaining that you'd like to withdraw/stop the K-1 Visa. It wouldn't hurt to have your signature on the letter notarized. Send / Fax the letter, along with a copy of the NOA2, to the US Embassy in Guangzhou.

Don't forget to copy USCIS to be thorough. The Embassy should send the file back, but you may want to notify USCIS separately as well.

[Darnell 8,479]

GUZ IV has no fax # for intake.

Instead, call into NVC, inquire how to cancel, and do exactly what they tell you.

If they are stumped, you'll need to email GUZ IV and cancel the petition.

re: her plan - is frought with errors regardless, as WHEN she comes into the USA, she has to:

1. get married to you

2. file for Adjustment of Status

3. receive greencard

and

1-3 takes anywhere from 4 to 12 months.

If she turns around same day, she loses all , as the K-1 is 'single use only'

and

she has no further basis to enter the USA. To 'come back' you'd wind up filing a I-130 petition, followed up by a visa application for a CR-1, with another interview in Guangzhou. I have some sense that you really don't want to do that.

Good Luck - what ever she decides. If she's taking advice from the harpies at the 001 BBS, tell her to tell the Aunties that Uncle Darnell say hullo.

[Natureboy 1]

GUZ IV has no fax # for intake.

Instead, call into NVC, inquire how to cancel, and do exactly what they tell you.

If they are stumped, you'll need to email GUZ IV and cancel the petition.

re: her plan - is frought with errors regardless, as WHEN she comes into the USA, she has to:

1. get married to you

2. file for Adjustment of Status

3. receive greencard

and

1-3 takes anywhere from 4 to 12 months.

If she turns around same day, she loses all , as the K-1 is 'single use only'

and

she has no further basis to enter the USA. To 'come back' you'd wind up filing a I-130 petition, followed up by a visa application for a CR-1, with another interview in Guangzhou. I have some sense that you really don't want to do that.

Good Luck - what ever she decides. If she's taking advice from the harpies at the 001 BBS, tell her to tell the Aunties that Uncle Darnell say hullo.

I did not realize the K-1 was a "single use only" Only received NOA2 on Sept 18th and she already has packet from GUZ embassy received today. I was thinking there was a fee I need to pay NVC or GUZ before they would send packets to Beneficiary. I need to go back and look because they would accept this payment by ACH transfer from my checking account. I have only paid Vermont thru Texas lockbox no other funds have been sent to UCSIS, NVC or GUZ. I think she is under impression she can get VISA and then just go back and forth to China. Also another question: If she does get to US and I do not marry her in 90 day period does this also not void the K-1? Thanks for helpful information

[KennyJ 10]

I did not realize the K-1 was a "single use only" Only received NOA2 on Sept 18th and she already has packet from GUZ embassy received today. I was thinking there was a fee I need to pay NVC or GUZ before they would send packets to Beneficiary. I need to go back and look because they would accept this payment by ACH transfer from my checking account. I have only paid Vermont thru Texas lockbox no other funds have been sent to UCSIS, NVC or GUZ. I think she is under impression she can get VISA and then just go back and forth to China. Also another question: If she does get to US and I do not marry her in 90 day period does this also not void the K-1? Thanks for helpful information

If you don't marry her in 90 days she will be deported out of the U.S and she will not get any GC. I think at this point you explain that to her and tell her "Good luck"

[Moomin 292]

If you don't marry her in 90 days she will be deported out of the U.S and she will not get any GC. I think at this point you explain that to her and tell her "Good luck"

Hardly anyone gets deported because of an overstay alone. Not unless there's criminal activity involved, fraud, or that the foreign fiance(e) basically waived her expired I94 in the face of a CBP officer or law inforcement in states where they are legally allowed to check immigration status.

If not marrying within 90 days, the foreign fiancee can no longer adjust status based on the K1/i129f. But but but - some get unlucky and for one reason or the other, they marry after the 90 days. In such case(and as long as it's to the original petitioner), the foreign fiancee can adjust status by submitting I130 along with the I485. I wouldn't plan to do this though. Same rules apply; can't leave US without Advanced Parole.

[Darnell 8,479]

the payment for the visa application (the I-129F is a petition, different thing, but first thing)

is made at a CITIC bank in China, in USD or RMB.

Once paid, a CITIC clerk gives the visa applicant a receipt; the receipt and the forms listed in OF-169 are brought to the interview .

For China, this is a 2 day process -

--day 1 is document intake day

--day 2 is interview itself

so, if you never give over (to her) an I-134, she can't fulfill all of the document requirements for getting a visa.