Seeking advice for canceling K3 Visa

[amar6918 0]

Hi,

About two years ago, I met my soon to be ex-wife, we liked each other, and we decide to get married. She stayed back in her home country and I came back to the US and I immediately started petitioning for K3 visa for her. Within few months, she received her K3 visa valid for two years. Unfortunately, she refused to move to the US. I tried to convince her to come to the US because that’s where my home is and we have always agreed that we will live in the US. After exactly one year perusing her to join me in the US, my patience ran out and I decided to file for divorce in her home country. . To make the story short, the problem that I have now is that I have no idea what steps I should take to cancel her valid K3 Visa (she still have a visa valid for one more year). In other words; what if she changes her mind few months from now (and before her visa is expired) and she decide to fly to the US regardless whether we are legally divorced in her home country or not. How do I guarantee that such a thing will never happen? Do I even have the power to prevent her from ever showing up in my life here in the US?

Thanks for all your help in advance

[wellingtonboot 1]

I think you'll find that if you have divorced then the K3 visa is no longer valid, you have to remain married for the the visa to remain valid. I might be wrong but that's my perseption of the visa conditions, it is for mine.

[wellingtonboot 1]

Our marriage has ended. Can I stay in the US?

If the marriage has ended because you got divorced, your US citizen spouse has died, or due to abuse in the marriage, the foreign-born spouse may eligible to apply for a waiver of the joint petition requirement. However, these waivers are very difficult to get.

http://www.workpermit.com/us/family_visas/spouse.htm

[Nagishkaw 510]

Retain council now. Get your divorce here in the US. No need to get one in her country. Cancel the visa by notifying USCIS in writing and send them a copy of your divorce decree and an explanation . Because she is in another country, you may have to take an add out in the newspaper . If it is a clean cut case, the divorce may take 90 days or so,maybe less, depending on how busy your courts are .

Edited September 11, 2010 by Nagishkaw

[wellingtonboot 1]

http://www.baraban.org/go/showthread.php?t=12729

I think your other half will have great difficulty returning to the USA because she/he has broken the agreement set out in the Visa conditions, and in fact some cases are refused re-entry for 10 years.

not knowing your personal circumstances I wouldn't like to begin to imagine what you have gone through (doesn't sound pleasant) but I think you need to call your embassy and inform them of the changes of circumstance, they will help you from there, from what I have been reading and what I'm aware the alien is no longer allowed to enter on the visa, the visa was a contract held between you two... it isn't like a work visa or student/non-immigration

[amar6918 0]

Thank you for the update, however, I just filed for divorce last week, and it might take anywhere from 6 to 12 months to be final, especially, I live in the US and I can only travel once a year for any paper work that needs to be sign or my physical presence for my final divorce. So, while I am waiting for my final divorce, I don't want her sometimes in the future to take advantage of the approved visa that she received and come to the US and I end up responsible for anything including expenses because I am still the sponsor as far as the US is concern. Also note that she has never been in the US before.

[Nagishkaw 510]

Thank you for the update, however, I just filed for divorce last week, and it might take anywhere from 6 to 12 months to be final, especially, I live in the US and I can only travel once a year for any paper work that needs to be sign or my physical presence for my final divorce. So, while I am waiting for my final divorce, I don't want her sometimes in the future to take advantage of the approved visa that she received and come to the US and I end up responsible for anything including expenses because I am still the sponsor as far as the US is concern. Also note that she has never been in the US before.

Then quickly fire off a letter to USCIS and let them know about the filing for divorce with proof that you have at least begun the divorce proceedings and that you want to cancel the visa.

[amar6918 0]

Thank you Nagishkaw. Do you know any specific address where I should mail the letter?

[wellingtonboot 1]

You're in the USA yes? you need to contact them by phone or email and at worst by letter, the USCIS/NVC site has all the contact details for such things.

The people with the best advice is the people who issue visa's! there is so much conflicting information on the net and from people like myself and others, phone them or email them and get it from the horses mouth.

http://travel.state.gov/visa/about/how/how_1463.html

Important Telephone Numbers and E-mail Addresses

For inquiries about visa cases and the application process call: 202-663-1225.

To e-mail the Visa Office for general information, write us at usvisa@state.gov .

For inquiries by U.S. companies and organizations needing business (B-1) visitor visa information only, e-mail: businessvisa@state.gov or call: 202-663-3198.

For inquiries about F-1 or M-1 student visas, or about J-1 exchange visitor visas, please contact our Student/Exchange Visitor Visa Center at: fmjvisas@state.gov.

For information about pending applications for Waiver of Foreign Residence Requirement, applicants should see the online J waiver status.

To reach the National Visa Center (Immigrant visa inquiries) call: 603-334-0700 or e-mail: NVCINQUIRY@state.gov.

To reach the Kentucky Consular Center (Diversity Visa inquiries) call : 606-526-7500.

[wellingtonboot 1]

Q: Which types of aliens may be adversely impacted by divorce or annulment?

A: There are situations where the process to secure permanent residency can involve additional or distinct requirements as a result of divorce or annulment. For example, the following situations may be impacted by a divorce or an annulment:

• An alien that came to the US on a K visa and has not yet adjusted status
• An alien that gained residency through marriage to a US citizen, and is still satisfying the conditional, two-year residency period
• An alien that gained residency through marriage to a US citizen less than a year ago.
• An alien beneficiary who married the principal immigrant a short time before the couple immigrated, and is divorcing not long after they immigrated.
• An alien spouse or child of an abusive US citizen or LPR that is still awaiting conferment of legal permanent residency through the marriage that created the relationship.
• A person who immigrated as the spouse of a person granted asylum, in asylee status, and has not yet been awarded permanent resident status.

Edited September 11, 2010 by crossedeyed

[Darnell 8,478]

So - she's got a K-3 visa stamp in her passport,

but it's never been used, she's never come into the USA on that visa, right?

If that's the case -

then there's a great chance that you not need to do anything to cancel the visa,

because

The K-3 visa stamp has a 'validity of duration' for 6 months past the issuance date, and ONCE it's been used, once she comes into the USA -

then

the K-3 visa stamp gets another 'validation stamp' at a POE, which then gives her a new duration of 2 years.

Since she's never come into the USA

I'm betting that first 'validity of duration' has already expired, as USUALLY

it expires after 6 months of VISA ISSUANCE (this issuance date is usually tied into/around the interview date, fwiw)

Now, if she's actually come into the USA, then she'll have that stamp, as it's issued at the POE.

Without that extra stamp in the passport (issued at POE) then her visa has already expired (I'm betting that, anyway, as it's most likely PAST any 6 month window).

re: divorce - usually a divorce in USA can be globally recognized, not need her to show up in USA, but she would need to sign something that waives all of her rights and appearances. If it's easier to get divorced in her home country, then I suggest ya do so.

Good Luck !

Edited September 11, 2010 by Darnell

[amar6918 0]

Thank you all very much for your insight. I now have enough information to go with. It sounds like Darnell's explanation might be the right answer. I will also take it further and use the information that crossedeyed provided just to be sure about the next step. I will update this post once I figure it out. Again, Thank you all and I appreciate very much.