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

[Iwisheveryoneluck 10]

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. 

 

[Elghazi2008 4]

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?

[Lil bear 3,831]

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 so not entering the US by then means the visa is no longer valid for entry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 

[Alabamak1 688]

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.

[Elghazi2008 4]

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 so not entering the US by then means the visa is no longer valid for entry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.

[Lil bear 3,831]

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. 

[Iwisheveryoneluck 10]

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. 

[Elghazi2008 4]

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.

[Elghazi2008 4]

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.

[Lil bear 3,831]

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 

[Iwisheveryoneluck 10]

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 December 19, 2018 by Iwisheveryoneluck

[Lil bear 3,831]

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 .. 

[Iwisheveryoneluck 10]

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.

[Villanelle 4,121]

Im sorry your relationship did not work out. Also I really hate when people post things as "fact" when its simply their (mis)understanding of the process and its rules.

 

While someone can be asked at POE if they intend to be married- its not a mandatory question they are asked. Many people simply show their documents, exchange pleasantries and go on their way. The 134 is considered 'non-binding' because it is only valid for 90 days (same as the K). 

 

The K visa can be canceled up until the point it is stamped 'used' at POE. You would contact the Embassy and ask to cancel your 129f/134/visa that was issued. Explain the relationship ended and the visa has not been used yet and you want to withdraw your 129f and have the visa canceled. Embassy should have an email you can find online. You can also send a letter to USCIS but that will take forever to make its way through the system and the visa may be used before your letter is even acknowledged. Contact the Embassy- not USCIS or NVC.

[Shiran 1,134]

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.