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Miya2187

K1 fiance visa.....petitioner died

By Miya2187 in K-1 Fiance(e) Visa Process & Procedures

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mtcmk1 Community Regular

mtcmk1   37

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

I'm sorry for your loss :( You are in my thoughts and prayers!

To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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Penguin_ie
Penguin_ie

Sorry for your loss. The K1 is for marrying your fiance, which is no longer possible. You could contact the US embassy and ask for a tourist visa for the purposes of meeting his family and attendin

JimVaPhuong
JimVaPhuong

The approval of the petition is automatically revoked if the petitioner dies. 8 CFR, section 205.1. The approval of a petition or self-petition made under section 204 of the Act and in accordance w

Tayri n Tudert
Tayri n Tudert

Surely we belong to God and to Him shall we return إِنَّا لِلّهِ وَإِنَّـا إِلَيْهِ رَاجِعونَ

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I am so sorry for your loss. Please accept my condolencesrose.gifrose.gifrose.gifrose.gifrose.gif

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Louis and Aya Enthusiast

Louis and Aya   17

Posted
Filed: K-1 Visa Timeline
Posted

I am sorry for your loss.

Why can't she still fly to the USA? I know that she will not be able to fulfill the K1 because of the death but getting a tourist visa will be next to impossible. Why not use the K1 to fly, spend time with the family, get some closure and then fly back before the 90 days is up so that you will not be here illegally?

Just a question.

01/15/12 - Sent Aya a message on a dating site
03/10/12 - We became "exclusive"
03/15/12 - We told each other "I love you"
08/17/12 - 2 week trip to the Philippines to be with her
08/27/12 - I asked her to marry me (in Cebuano), she cried and said yes
09/02/12 - I came back to the USA

Started on the paperwork

09/22/12 - Mailed I-129F
09/25/12 - Saw on USPS that the package was delivered in Texas
09/28/12 - NOA1
10/08/12 - Received hard copy NOA1
12/19/12 - CFO Counseling Session (to get it out of the way)
04/27/13 - NOA2
05/06/13 - NVC Received and MNL # assigned
05/21/13 - Medical Exam Day
06/04/13 - Interview Day
xx/xx/xx - Visa Arrived
xx/xx/xx - Off to Chicago

SteveKarlaMayer Rising Star

SteveKarlaMayer   21

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

My prayers and condolence to you and to your fiance's family. Hold on, God knows your situation.

Proverbs 3:5-6

Trust in the Lord with all your heart

and lean not on your own understanding;

in all your ways submit to Him,
and He will make your paths straight.

In GOD we trust. † = ♥

Love's JAA Community Regular

Love's JAA   100

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

I am sorry for your loss.

Why can't she still fly to the USA? I know that she will not be able to fulfill the K1 because of the death but getting a tourist visa will be next to impossible. Why not use the K1 to fly, spend time with the family, get some closure and then fly back before the 90 days is up so that you will not be here illegally?

Just a question.

I was wondering the same thing. If she's already got the visa, why not. Except if she's questioned, which she probably would be, it would be very awkward and traumatic for her, especially if she was then sent back.

Stevephoto Proficient

Stevephoto   230

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

So very sorry...

Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Dual Citizenship 7/7/22 Joan is now a Dual US/Filipino Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

Mrs.Presson Enthusiast

Mrs.Presson   16

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Our sincerest condolences to you, Miya. Our thoughts are with you and your family. I would suggest going through the Tourist Visa route. I hope they would be able to grant you this and exemplify compassion through these tough times. May you find your light and closure through all of this.

VJ-Signature_zps78b01b72.png

JimVaPhuong Veteran

JimVaPhuong   4,864

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

I am sorry for your loss.

Why can't she still fly to the USA? I know that she will not be able to fulfill the K1 because of the death but getting a tourist visa will be next to impossible. Why not use the K1 to fly, spend time with the family, get some closure and then fly back before the 90 days is up so that you will not be here illegally?

Just a question.

The approval of the petition is automatically revoked if the petitioner dies. 8 CFR, section 205.1.

The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

...

(3) If any of the following circumstances occur before the beneficiary's or self-petitioner's journey to the United States commences or, if the beneficiary or self-petitioner is an applicant for adjustment of status to that of a permanent resident, before the decision on his or her adjustment application becomes final:

...

© Upon the death of the petitioner,

There are two circumstances where the approval of the petition would not automatically be revoked, or the approval could be reinstated, but neither are worth mentioning because they don't apply to the OP.

If neither USCIS nor Department of State are aware of the petitioner's death then she could probably get away with using the visa, but I don't think it's worth the risk. If the facts become known later then it could result in a finding of fraud against the OP, and it could make her permanently ineligible for any visa to the US.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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