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PirateLiker

Can fiance use visa without my permission?

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My fiance was approved for a K1 visa. She finished the interview and is holding the completed visa packet in her hands. Meanwhile, it does not look like things will work out for us. I think she is changing her mind about me. It seems to me that there would be nothing I can do to prevent her from using the visa for coming to America. Furthermore, why should I care what she does with it? Does anyone know?

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Well your only 2 areas of concern would be the I-134(not really a big deal) and future applications should you so choose to do that. Not sure what options you would have to prevent her from using it.

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It is unlikely you can prevent her from coming once she has her visa at hand. Don't marry her if you don't want to. On the other hand, she may not come, if she doesn't want to marry you. Things often get complicated in a long distance relationship. Take your time and let her do the same. Anyway, if she doesn't come, no immediate adverse effects. If she comes and you split up, she either goes home on time or becomes illegal and deportable. To the best of my knowledge, affidavit of support may not be enforced in favor of an illegal beneficiary. If she comes and challenges you, stay calm and do not endanger yourself. Good luck

Edited by HP+IC

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6 minutes ago, PirateLiker said:

My fiance was approved for a K1 visa. She finished the interview and is holding the completed visa packet in her hands. Meanwhile, it does not look like things will work out for us. I think she is changing her mind about me. It seems to me that there would be nothing I can do to prevent her from using the visa for coming to America. Furthermore, why should I care what she does with it? Does anyone know?

you probably cannot prevent her from using the visa, but it's open her to do POE and getting to the USA and then w/o your I-864 or else, would be impossible to get her to get EAD even. There are many steps that require her to do before she can even think of doing AOS. She would be out of status after 90 days after POE anyways. 


8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

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I don't think there is anything you could do to prevent her from using the K-1 visa. You might be able to contact USCIS about it (Not sure on this, others maybe know and not sure it would do anything)

 

If she uses the K-1 she needs to marry you and no one else before 90 days and will need you to sign off on AOS before you are held responsible financially. If you do not want to marry her, don't.

 

The K-1 needs to be used within 6 months, so maybe best thing to do is give each other some time and hopefully you can decide together what to do. 

 

I think no matter what, if you are not sure about marriage and the responsibilities that come along with it, don't do it. You can always wait or apply again another time. Much better to do that than to have to deal with things after getting married.


--------------------------

K-1 Visa Timeline

--------------------------

04/21/2014: Submitted I-129F

05/29/2014: NOA2 via email

01/20/2015: Visa Received

03/15/2015: POE

04/01/2015: Married!! (L)

04/11/2015: Submitted AOS / EAD / AP

10/09/2015: Green Card Approved

07/20/2017: Submitted I-751 ROC

07/27/2017: NOA1 Received

10/14/2017: Biometrics Waived

10/27/2018: ROC Approved

 

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Just now, NuestraUnion said:

Technically, if you don't take nay action, she can use it to enter the US. However, the K1 has very specific requirements tied to the US petitioner (you) and it will be very difficult for her to be able to become a legal permanent resident without you (unless abuse is claimed in which I speak about below).

 

You should care because the petition and visa is tied to you. If, for example, you happen to find a person who is a better fit for you and you need to petition for them also, this current K1 will be on record which will make things difficult.

 

Also, if your ex uses the visa to enter the US and falsely claim abuse (which is a way for her to get a green card without you), then you will have that to deal with.

 

Your best course of action is to contact the embassy and let them know that the relationship has ended and to cancel the visa.

Seconded. Contact the embassy and send a letter of cancellation to USCIS. Do not mention this to the fiance, as if you think she's using you as a vessel for citizenship, she might change her tune until you get married and are in a far more complicated situation. 

Sorry this is happening. Good luck!


 

 

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I would contact the consulate and USCIS as suggested by others.  At best, she gets a 3 month visit to the US......at worst, she misrepresents herself at POE, and gets a lifetime ban....anyway, I would officially withdraw the I-129f.

 

Is there a chance you can work out the issues once she enters the US?

 

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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My guess is she plans to marry someone else and file an adjustment of status based on that.  Whether that would work “I was planning to marry my I-129F petitioner, but I fell in love with someone else when I arrive” is doubtful.  But agree with others that to protect yourself, you need to inform the embassy or consulate that issued her K-1. 

 

It it would not hurt to tip off the CBP too, as they generally have the authority to deny entry to visa holders with cause.  

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Sorry, this is a visa forum but I wouldn't revoke the visa unless you both have irrevocably decided to call it off.

 

As you know any long distance relationship is tough at times. She has investments in the Ukraine and has firm roots in the country, family and friends... It is only natural that one gets a little concerned, stressed out and perhaps fight more than one should - and tests the water how firm you both stand on your commitment. If there is a chance to solve it all, I would try to solve it and not give up right away. 

 

You both waited for such a long time, planned ahead... I was somewhat scared when I left Germany despite the excitement and wanting to be wit my husband.

Edited by R&OC

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if she has the visa in hand, no there is nothing you can do.

 

she could move here but shed NEVER be able to adjust status and be in danger of deportation if found out.

 

apparently you could try to have it revoked, i stand corrected. but if she hopped a plane before the govt got to it (and we all know how quickly they move).... then... nope.

Edited by debbiedoo

5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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Your fiancée can't marry anyone else and AOS beside you with the K1 visa. I personally would do anything in case you two make up as it happens often on VJ. That's just my take, but you know more about your relationship with you fiancée than any of us. Don't want you to have any regrets OP when making difficult decisions.

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