Responsibility to expired K1 visa holder (ex-fiance)

[jp_mega 1]

Hi all,

So the 90 days has passed and we did not get married and have since broken up. I am the USC. He is still here in the USA (now out of status). I filed an I-134 form (Affidavit of Support) as did my father, acting as a co-sponsor. This was submitted with his original fiance visa application.

My question is what financial liability do I (and my father) have since we are no longer together and did not move foreward with the marriage and spouse visa/green card? My family is concerned about cancelling insurance we bought for him, in case he gets sick and then the bills will ultimately fall on us. I also do not wish to inform USCIS of our change of plans, as I'd like him to have opportunities here (albeit illegal ones).

Thank you for your input in advance!

[K1fun 0]

Sorry to hear about your troubles. Look on the bright side... at least you made the decision not to continue the relationship before you were married with combined financials and children.

I'm no expert in these matters, but a quick google search says that you shouldn't be overly concerned as you can withdraw your application.

Here are 2 things for you to review:

1.

See:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=880264337c77e210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

There you will find, towards the bottom of the page:

"How do I withdraw an application or petition?

• Write to the USCIS service center or field office processing your case.
• Do not send your request to a Lockbox facility."

2.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1c0514b84a44c310VgnVCM100000082ca60aRCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD#21

Also towards the bottom of the page:

"How do I withdraw my application?

Send a written request to the Service Center processing your application. You alsomay call NCSC at 1-800-375-5283 to obtain this address.

Please Note: We will not refund your filing fees when you withdraw your form."

Best of luck to you!!

[Canerican 242]

He is now here illegally, therefore he is liable to deportation and if he does not leave on his own there may be a ban. Since you did not go through and get married he now has no reason to be here and needs to go back to his home country. His opportunities here now are void because in order for him to work and travel legally he needs to have the EAD/AP card to do that and since you did not get married he is not eligible for this. Once he leaves he will not be able to come back for a period of time, if not for life. Not to mention that I believe it is fraud to let him go on and get any sort of benefits if you are no longer together. If I am wrong in any of my statements someone please correct me. As for the financial once it is found out that you did not marry/ you withdraw the application you will no longer be financially liable for him.

Edited September 16, 2013 by CDN(ON)-USA(VT)

[Hypnos 6,578]

You do not need to do anything. Your responsibility under the I-134 ends when the I-94 does, and since you did not marry then you did not complete or even submit an I-864 on his behalf.

You have no liability under anything, although should you petition another alien at some point in your life then I'm sure this matter would be brought up by the authorities at that point.

[jp_mega 1]

Thanks all. Ironically he is sick with chest pain today. I (and he) understands that he is illegal now and will get return to US bans if he ever leaves and also that his chances of finding a new partner/getting a different visa are slim to none. REgardless, his choice is to carry on here illegally along with the other 2 million folks and work illegally to help support his family at home. Which I can understand as I've lived with them and know the quality of life there.

If I write a letter to USCIS cancelling the petition (although I'm assuming it's void anyway since we didn't marry w/in the 90 days), will "they" come find and deport him? That's my only concern in doing this. And there is some language in I-134 about making sure the nonimmigrant leaves...

Thanks!

Edited September 16, 2013 by jp_mega

[clairegie 265]

Thanks all. Ironically he is sick with chest pain today. I (and he) understands that he is illegal now and will get return to US bans if he ever leaves and also that his chances of finding a new partner/getting a different visa are slim to none. REgardless, his choice is to carry on here illegally along with the other 2 million folks and work illegally to help support his family at home. Which I can understand as I've lived with them and know the quality of life there.

If I write a letter to USCIS cancelling the petition (although I'm assuming it's void anyway since we didn't marry w/in the 90 days), will "they" come find and deport him? That's my only concern in doing this. And there is some language in I-134 about making sure the nonimmigrant leaves...

Thanks!

I think, regardless if you write them or not, they will come find him anyway. Its just a matter of "when"..

also what you're doing is a felony.

[newacct 688]

I have also read that (http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html):

Such affidavits, although helpful in judging financial ability, are not legally binding.

So perhaps you do not have, and never had, any liability?

[jp_mega 1]

How is what I'm doing a felony? He was emotionally abusive and treated me like #######, so I ended it. I did not marry him, nor did I do anything without honest intentions. I wanted to make it work even when we got off the plane. We had wedding save the dates sent out and everything. This has been one of the MOST difficult things in my life to go through, please be respectful before slinging words like felony around.

His insurance was through me and I am planning to cancel it, just wondering about the financial obligations if he gets sick in the future. He is still within the 3 month grace period since his visa expired.

[belinda63 3,041]

You have no financial obligations to him, the I-134 is not legally binding. If you are harboring an illegal is what is meant by the felony crime. Sounds like he is not living with you so not a problem.

[ALJERENCE32549 0]

When you filed the application for k1 visa,.. as i was read in there, it is your responsibility as a petitioner to take care of that person you bring here in America. even if you didn't marry him.. You can only get away with it, when you write a letter to the uscis and send him back to his country.

[stevie b 141]

I am doubling down

no financial responsibility remains!!!! 134 is a qualifying document and the 864 is the contract

you can protect yourself easily

withdraw your petition by sending mail

tell your fiancé you have withdrawn the petition and since there is no relationship, immigration states that he has to go back to his country and they can NOT live with you anymore. by saying this, you have removed your responsibility for him. what he does is not on you after that .. maybe put it in writing to further protect yourself, but not necessary

[Hypnos 6,578]

withdraw your petition by sending mail

There is no petition to withdraw; the I-129F was already approved, the K-1 was granted, and the alien arrived in the US. No marriage took place, and so the US citizen is no longer responsible for the alien in any way whatsoever.

OP, if you care about your former fiancé even a little you should strongly advise him to leave the country. Not only is he now out of status, deportable (if ICE find him), cannot (legally) work, and is basically a non-person, but he can never be petitioned by anyone other than you for a marriage-based green card. Let's say he falls in love with an American, they marry and attempt to file AoS for him, he would not be able to adjust because a K-1 must marry their original petitioner and can only receive a green card based on that. In short, life is going to suck hardcore for him from hereon in. Now, if knowing all that he then chooses to stay then that's on him, but he might be operating on the assumption that he can just find someone else and obtain a green card through them, and as a K-1 he cannot do that.

Edited September 16, 2013 by Hypnos

[stevie b 141]

There is no petition to withdraw; the I-129F was already approved, the K-1 was granted, and the alien arrived in the US. No marriage took place, and so the US citizen is no longer responsible for the alien in any way whatsoever.

yeah I got that part

but..

there are several threads around here about k-1's that come back to bite because they were never formally withdrawn

[Hypnos 6,578]

My point is that you can't withdraw a petition after it's been approved, only while it's pending.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-2872/0-0-0-3047.html

"A petitioner or applicant may withdraw a petition or application prior to adjudication".

Edited September 16, 2013 by Hypnos

[Warren and Vivian 10]

He was emotionally abusive and treated me like #######, so I ended it.

I'm not sure why you feel any attachment to this person after the emotional abuse he inflicted on you. The more you do to put this behind you and report your case is no longer valid, the better off you will be.