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Iwisheveryoneluck

How to Withdraw K-1 Visa After Visa is On Hand?

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Apologize for posting bit of a negative topic here but things happen and sometimes it's better to wish each other happiness then go separate ways.  

 

Anyway,

How to Withdraw K-1 Visa After Visa is On Hand? I don't want to get into too much details but we're not longer engaged.

 

I did some search on the internet but can't find the definitive answer yet. Some say send a letter to the embassy, some say to NVC, some say to USCIS. 

 

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32 minutes ago, Iwisheveryoneluck said:

Apologize for posting bit of a negative topic here but things happen and sometimes it's better to wish each other happiness then go separate ways.  

 

Anyway,

How to Withdraw K-1 Visa After Visa is On Hand? I don't want to get into too much details but we're not longer engaged.

 

I did some search on the internet but can't find the definitive answer yet. Some say send a letter to the embassy, some say to NVC, some say to USCIS. 

 

The visa expires if you aren't married within 3 months and you can't get a refund, so is there some other reason you feel you NEED to notify authorities?


We met in October 2007 and our immigration journey started in July 2008 when we filed for the I-129F Fiance Visa petition. 

~05/16/2009~ MARRIED!!!!

~08/31/2011~ OUR SON WAS BORN!!!!

~02/17/2012~ Mailed I-751 Petition to Remove Conditions of Residency to Vermont Service Center

~03/19/2012~ ASC Biometrics Appointment

~11/05/2012~ Production of 10-year GC ordered

~7/1/2014~ Our son's first trip to Morocco

~03/17/2018~ Filed N-400

~04/09/2018~ Biometrics

~6/13/2018~ Off to Morocco, my parents in tow!

~10/23/2018~ Interview, approved

~11/7/2018~ Oath Ceremony

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13 minutes ago, Elghazi2008 said:

The visa expires if you aren't married within 3 months and you can't get a refund, so is there some other reason you feel you NEED to notify authorities?

Not exactly correct ...

the K1 visa.. the opportunity to enter the US as a fiancé... expires 6 months after its issue.. so not entering the US by then means the visa is no longer valid for entry

 

the opportunity to AOS from the K1 is lost if  the marriage has not taken place within 90 days of entering the US using the K1 visa 

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16 minutes ago, Elghazi2008 said:

The visa expires if you aren't married within 3 months and you can't get a refund, so is there some other reason you feel you NEED to notify authorities?

agreed, when the beneficiary does POE, if they are let into the US, they are bounded to get married to the person from the k-1. After 90 days w/o getting married to same petitioner.....game over.


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

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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2 minutes ago, Lil bear said:

Not exactly correct ...

the K1 visa.. the opportunity to enter the US as a fiancé... expires 6 months after its issue.. so not entering the US by then means the visa is no longer valid for entry

 

the opportunity to AOS from the K1 is lost if  the marriage has not taken place within 90 days of entering the US using the K1 visa 

Right, I was answering with the assumption that they visa holder had already entered the US and should have specified that it would expire within 3 months of entry into the states. Thanks for clarifying.


We met in October 2007 and our immigration journey started in July 2008 when we filed for the I-129F Fiance Visa petition. 

~05/16/2009~ MARRIED!!!!

~08/31/2011~ OUR SON WAS BORN!!!!

~02/17/2012~ Mailed I-751 Petition to Remove Conditions of Residency to Vermont Service Center

~03/19/2012~ ASC Biometrics Appointment

~11/05/2012~ Production of 10-year GC ordered

~7/1/2014~ Our son's first trip to Morocco

~03/17/2018~ Filed N-400

~04/09/2018~ Biometrics

~6/13/2018~ Off to Morocco, my parents in tow!

~10/23/2018~ Interview, approved

~11/7/2018~ Oath Ceremony

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Just now, Elghazi2008 said:

Right, I was answering with the assumption that they visa holder had already entered the US and should have specified that it would expire within 3 months of entry into the states. Thanks for clarifying.

The K1 is void the moment it is used. Just useful to understand that  the K1 and subsequent AOS processes are separate. 

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I fully understand that if nothing happens 90 days after POE, a person would be here "illegally". 

 

According to the U.S. Citizenship and Immigration Services, a petitioner can terminate a family-based visa petition such as a fiance visa even if it is already approved before the alien fiance is admitted into the country. https://legalbeagle.com/6587811-cancel-approved-fiance-visa.html

 

Called NVC and a very helpful gentleman said that since Embassy has already processed it and issued a visa, it's out of their hand now. I would need to call USCIS and ask them. I'll call them tomorrow and see what they'll say. 

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11 minutes ago, Lil bear said:

The K1 is void the moment it is used. Just useful to understand that  the K1 and subsequent AOS processes are separate. 

I see what you're saying. The thing to remember is that the K1 visa is what keeps the person "in status" between POE and marriage. I feel like we're ultimately saying the same thing here, the difference may just be a matter of semantics.


We met in October 2007 and our immigration journey started in July 2008 when we filed for the I-129F Fiance Visa petition. 

~05/16/2009~ MARRIED!!!!

~08/31/2011~ OUR SON WAS BORN!!!!

~02/17/2012~ Mailed I-751 Petition to Remove Conditions of Residency to Vermont Service Center

~03/19/2012~ ASC Biometrics Appointment

~11/05/2012~ Production of 10-year GC ordered

~7/1/2014~ Our son's first trip to Morocco

~03/17/2018~ Filed N-400

~04/09/2018~ Biometrics

~6/13/2018~ Off to Morocco, my parents in tow!

~10/23/2018~ Interview, approved

~11/7/2018~ Oath Ceremony

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1 minute ago, Iwisheveryoneluck said:

I fully understand that if nothing happens 90 days after POE, a person would be here "illegally". 

 

According to the U.S. Citizenship and Immigration Services, a petitioner can terminate a family-based visa petition such as a fiance visa even if it is already approved before the alien fiance is admitted into the country. https://legalbeagle.com/6587811-cancel-approved-fiance-visa.html

 

Called NVC and a very helpful gentleman said that since Embassy has already processed it and issued a visa, it's out of their hand now. I would need to call USCIS and ask them. I'll call them tomorrow and see what they'll say. 

Okay, I see. It seems you're concerned that it will still be used. I'm glad you were able to reach somebody who had a good answer for you. Best wishes.


We met in October 2007 and our immigration journey started in July 2008 when we filed for the I-129F Fiance Visa petition. 

~05/16/2009~ MARRIED!!!!

~08/31/2011~ OUR SON WAS BORN!!!!

~02/17/2012~ Mailed I-751 Petition to Remove Conditions of Residency to Vermont Service Center

~03/19/2012~ ASC Biometrics Appointment

~11/05/2012~ Production of 10-year GC ordered

~7/1/2014~ Our son's first trip to Morocco

~03/17/2018~ Filed N-400

~04/09/2018~ Biometrics

~6/13/2018~ Off to Morocco, my parents in tow!

~10/23/2018~ Interview, approved

~11/7/2018~ Oath Ceremony

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Just now, Elghazi2008 said:

I see what you're saying. The thing to remember is that the K1 visa is what keeps the person "in status" between POE and marriage. I feel like we're ultimately saying the same thing here, the difference may just be a matter of semantics.

Your statement about the K1 person in Status  is correct. Even if they don’t marry they can stay for up to 90 days and enjoy their stay. The distinction is that K1 is a visa.. allowing entry for a purpose and specific period of time. It confers a legal status for that time only. That’s why adjustment of status must happen after 

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11 minutes ago, Lil bear said:

Your statement about the K1 person in Status  is correct. Even if they don’t marry they can stay for up to 90 days and enjoy their stay. The distinction is that K1 is a visa.. allowing entry for a purpose and specific period of time. It confers a legal status for that time only. That’s why adjustment of status must happen after 

 

I simply don't want my ex to use the visa that I helped her to obtain to enter the country. As a matter of principle. She can get her own visa if she wants to visit US and enjoy her stay. 

 

I just like managing risk, and I simply don't want any problems with the immigration services if she overstays her visa or whatnot. Also, I don't want immigration officers knocking on my door asking for her or any bills appearing on my mail since I filled out Affidavit of Support. Not to mention I don't want to be seen in the eyes of USCIS as someone who simply helped someone obtain a "tourist visa" and I don't want it to affect negatively any possible future cases with USCIS. 

 

I hope these are enough reasons why I want to pursue this. 

Edited by Iwisheveryoneluck

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Just now, Iwisheveryoneluck said:

 

I simply don't want my ex to use the visa I helped her to obtain to enter the country. 

 

I just like managing risk, and I simply don't want any problems with the immigration services if she overstays her visa or whatnot. Also, I don't want immigration officers knocking on my door or any bills appearing on my mail since I filled out Affidavit of Support. 

Unfortunately the visa is issued to the beneficiary and not the petitioner. The beneficiary can chose to notify the consulate and request to cancel it but I don’t believe the petitioner can. If she tries to enter the US she will have to state her intent to marry within  90. If you have already broken up and she stares her intention of marrying you , the lie is on her record not you. Without marrying she can’t adjust her status and stay. The I134 are not the same as the I 864 for LPR status.. I do not believe they are actioned . You will not be held accountable for her if she overstays etc. all on her .. but I do understand your tension .. 

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7 minutes ago, Lil bear said:

Unfortunately the visa is issued to the beneficiary and not the petitioner. The beneficiary can chose to notify the consulate and request to cancel it but I don’t believe the petitioner can. If she tries to enter the US she will have to state her intent to marry within  90. If you have already broken up and she stares her intention of marrying you , the lie is on her record not you. Without marrying she can’t adjust her status and stay. The I134 are not the same as the I 864 for LPR status.. I do not believe they are actioned . You will not be held accountable for her if she overstays etc. all on her .. but I do understand your tension .. 

 

Yeah I will try to reach USCIS and see what they'll say. Sometimes it's best to spend extra few extra hours for a peace of mind.

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42 minutes ago, Iwisheveryoneluck said:

 

Yeah I will try to reach USCIS and see what they'll say. Sometimes it's best to spend extra few extra hours for a peace of mind.

Are you actually concerned that your now ex-fiancee will use K-1 to enter the country knowing she is not welcome at your house? That seems like a dangerous and expensive trip to make. 

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