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K1 visa cancelation (consequences)

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I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Her K1 was issued. Under IMBRA, that's the only one you get without a waiver for two years, presuming it's the only one you've ever petitioned for. Not a big deal, since waivers for filing limitations are usually granted unless there was obvious fraud or other problems on the part of the petitioner.

As for your ex-fiancee, her K1 expired the moment she entered the US. After that, she was in the US conditionally on an I-94 that expires in 90 days. Unless she marries you - the person who originally petitioned for her - then she will be out of status, and in the US illegally. There isn't anything you or ICE can do to her until the 90 day period is up. Unless she overstays she hasn't actually broken any laws yet. It would help if you knew what date she entered the US, but it's probably sufficient if you know what day she confirmed to you that she entered the US with her K1. Count off the 90 days, and then send a letter (signature notarized would be a good idea) to ICE and USCIS letting them know you did NOT marry the fiancee you petitioned for and sponsored. Be sure to include the NVC/Embassy case number. I think that should be enough. Just guessing though...

Unfortunately, I don't think this gets you off the hook for sponsorship. Technically, you could still be obligated if she collects any public benefits. Fortunately, the I-134 is about as legally enforceable as a note scribbled on a paper towel.

Good luck!

Yup - my read on this is the exact same.

However, he would be off the hook for sponsorship - since they only have the I-134, not the I-864 signed. (even the State Department says the I-134 isn't legally binding).

Plus - with the two cases where the benificiary managed to sue for support, they had to show that they intended to marry, and not use fraud to get immigration benifits.

Since this person didn't even get married to the petitioner, and there are cancellation letters sent prior to her coming here, I think the OP has a pretty strong case not to be held for sponsorship.

A good lawyer would easily get you out of this :)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (pnd) Country: Japan
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Even if you report her, unless she does something really illegal (like kill someone illegal, not overstaying illegal), I doubt they'll do anything. I would call though, just to cover your own ####.

I guess my advice would be to make sure that you have done everything possible to alert them of the situation and document everything in case they decide to take a pot shot at you in the future or complicate any future visa applications.

I-129F NOA1 : 2008-11-25

Contacted Congrasswoman Eshoo's Office for assistance : 2008-06-08

I-129F NOA2 : 2008-06-18 !!!!

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Filed: Citizen (apr) Country: Canada
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Filed: AOS (apr) Country: Kenya
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you would have to do an IMBRA

Is this something like the Mambo or the Limbo?

I think what he meant is you have to submit a waiver form. Read the I-129F instructions. This is no penalty for sure.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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