Responsibility to expired K1 visa holder (ex-fiance)

[C-ma'am 684]

**Post moved from K1 to Effects of Major Changes on Immigration Benefits

[NigeriaorBust 4,087]

You are guilty of aiding an illegal immigrant if you continue to provide him with support. Also his one hope of staying legally is VAWA and do NOT put it past him to stage an event so he gets to stay even if you end up with a real criminal record.

[ir0nK1visa 2]

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!

I am no expert and actually strongly suggest you contact a LAWYER, but from my personal experience(this is a NEW profile to protect myself) and reading here goes:

1) Yes, he is illegally here and you should report him to ICE. They will require an address where he can be found and they will tell you, that you must be certain that address is correct. They will open a case and POSSIBLY investigate it. This part I know because I was in a similar situation as you, but we did marry and luckily I had not sent in ANY of the AOS paperwork. Why will they possibly investigate him my guess is ICE may have many MORE real criminal, threat to society types whom are also WORKING illegally that would be faster to prove, higher on the list of priorities and well you can guess on the rest as me. BUT, you should at the least report him to ICE and NOT PROTECT him. Let's be honest if he were that nice, honorable you would HAVE MARRIED HIM.

2) Calling, emailing, sending a letter to withdraw to USCIS is worthless. As I said I did get married and afterwards we decided it was not going to work. I called USCIS and told them what was happening. The return tkt was purchased and given to the beneficiary, but they did not leave the USA. To me GREAT out of my hands!! USCIS rep told me, there is nothing to be done in their office since the original K1 paperwork was approved, she married me in the 90 days and the AOS paperwork was not sent in, so there is nothing to withdraw or any need to make any notations in the system unless there was paperwork pending processing. The rep in USCIS told me I was not responsible for them at this time and it would be best to report them to ICE just in case and to protect myself.

3) As I mentioned in above I called ICE, informed them of the situation. Informed them that I wanted to protect myself from any responsibilities, since I had purchased the individual a return tkt, but they choose not to leave once left at the airport, maybe I should've made sure she checked in, but honestly I was and am still to confused, distraught by it all. The ICE rep said he can open a case of an illegal person here and I had to give him a real address to check in to. He could not promise it would be looked in to or would any updates be provided to me, but in my mind I am clean at this point. Aside, from a possible false VAWA charges which I hope do not happen, but her family may convince her to and well I know they would not be right or the charges true, but as a man in the USA I would have to prove myself innocent this SCARES me a lot to be honest.

So, again I'd suggest you contact a lawyer. You are not responsible for him. Report him to ICE. Remove any association with him i.e. insurance, accounts and move on with your life. Good luck.

[clairegie 265]

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.

I don't just "sling" words like Felony around, I'm trying to tell you that its more than just letting him have a chance in the States. You know what you're doing is against the law. And like you said, this man treated you like ####### and abused you. Would you really allow him to take you down with him too when ###### hits the fan? Protect yourself and don't think about this mans "future" in the States, because he clearly didn't care about yours. Listen to ironk1visa and report him as soon as possible.

Edited September 17, 2013 by iammrsregi

[jp_mega 1]

Thanks to all who offered their honest and best guess opinions and thoughts on the matter. I know all of you reading this forum have been though quite a journey trying to get your loved ones here. Despite the faults of my ex, love is not black and white and I did give it my best as did he given what he was culturally and emotionally capable of. Regarding my being unlawful, etc., I think going to this forum within a month of expiration of a visa for someone who I cared deeply about and went through quite a lot trying to get him here, and basically just trying to inform myself prior to making any serious (legal or illegal) decisions, is quite the reasonable route to take. i believe in getting all the facts and soing research before moving forward with a decision. I definitely will consult a lawyer in addition to you experts

He does not live with me nor do I support him financially and the insurance is about to run out and was provided for him when we were still together. It took me quite sometime (90 days!) to give up on a relationship that I worked so hard at, so I very much appreciate those of you who offer your advice and support towards my original question of financial liability, rather than your judgements of how easy it "should" be to do this or that. Thank you.

[CaizLurol 36]

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!

They will not come find him. They don't have enough "manpower" to detain every single illegal immigrant unless a crime is committed. (I lived in a city with many undocumented immigrants.) Many fall out of status on a tourist visa, visitor exchange (nannies, seasonal workers), or even student visa (usually community college taking the min amount of credits).

Besides, they don't know his address. I'm guessing you filed the paperwork with your address?

[CaizLurol 36]

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.

No it's not a felony. Stop trolling her. Get a life.

[CaizLurol 36]

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.

It's not a felony. But understand that when you come to a forum on the internet and post a story with controversial details, there will always be [judgmental] haters... be prepared for them.

You gave the relationship your best and it did not work out. The pain you feel will eventually help you become stronger and meet someone who deserves you and what you have to give. Just walk away from the situation. Do not call ICE or anything because you don't know if this person might try to retaliate. VAWA / going to court and making up a story for a restraining order is too easily done... the last thing you want is a vindictive ex coming after you. Just walk away and let Karma handle the rest. He is here illegally and that is his problem... not your problem anymore - financially or anything.

Hang in there.. be strong!

[Joaozinho 15]

This forum isn't about haters, it's about sound advice for those struggling with visa and immigration issues. It's never good to sit here and attach people who are trying to preserve our already flawed immigration system. If so many people didn't come here and stay illegally, I'm sure it wouldn't be such a battle for those of us that do this correctly. To knowingly help or allow someone to commit a crime, it's not in the best interests of the individual or the country.

To call it a felony is not trolling. To advise the OP of the negative possibilities is not being a hater.

So to the OP, many would suggest that you report this all to the proper office. If that is not in your wishes, we understand. Anyhow, it wasn't useful to chime in on this because it wasn't what you asked. Though you have an interpreted legal liability, you have no financial liability for the illegal immigrant. You're in the clear. Beware of VAWA claims and if you choose to petition another fiance or spouse, be ready for some interesting questions.

I wish you a happy life! Glad you decided in the best interests of your happiness!

[Boiler 45,932]

You could if you wanted to pay for his flight home. I think that would be the decent thing personally.

Other than that it is a non issue from your perspective, move on No different from splitting up with a US Fiancée..

[rouguewave 7]

Hi all,

[snip]

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!

Please read the referenced website carefully. Not a hater. Just want you to be informed.

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01907.htm

1907 Title 8, U.S.C. § 1324(a) Offenses Title 8, U.S.C. § 1324(a) defines several distinct offenses related to aliens. Subsection 1324(a)(1)(i)-(v) prohibits alien smuggling, domestic transportation of unauthorized aliens, concealing or harboring unauthorized aliens, encouraging or inducing unauthorized aliens to enter the United States, and engaging in a conspiracy or aiding and abetting any of the preceding acts. Subsection 1324(a)(2) prohibits bringing or attempting to bring unauthorized aliens to the United States in any manner whatsoever, even at a designated port of entry. Subsection 1324(a)(3).

Domestic Transporting -- Subsection 1324(a)(1)(A)(ii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.

Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.

Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

Unit of Prosecution -- With regard to offenses defined in subsections 1324(a)(1)(A)(i)-(v), (alien smuggling, domestic transporting, harboring, encouraging/inducing, or conspiracy/aiding or abetting) each alien with respect to whom a violation occurs constitutes a unit of prosecution. Prior to enactment of the IIRIRA, the unit of prosecution for violations of 8 U.S.C. § 1324(a)(2) was each transaction, regardless of the number of aliens involved. However, the unit of prosecution is now based on each alien in respect to whom a violation occurs.

Knowledge -- Prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.

Penalties -- The basic statutory maximum penalty for violating 8 U.S.C. § 1324(a)(1)(i) and (v)(I) (alien smuggling and conspiracy) is a fine under title 18, imprisonment for not more than 10 years, or both. With regard to violations of 8 U.S.C. § 1324(a)(1)(ii)-(iv) and (v)(ii), domestic transportation, harboring, encouraging/inducing, or aiding/abetting, the basic statutory maximum term of imprisonment is 5 years, unless the offense was committed for commercial advantage or private financial gain, in which case the maximum term of imprisonment is 10 years. In addition, significant enhanced penalties are provided for in violations of 8 U.S.C. § 1324(a)(1) involving serious bodily injury or placing life in jeopardy. Moreover, if the violation results in the death of any person, the defendant may be punished by death or by imprisonment for any term of years. The basic penalty for a violation of subsection 1324(a)(2) is a fine under title 18, imprisonment for not more than one year, or both, 8 U.S.C. § 1324(a)(2)(A). Enhanced penalties are provided for violations involving bringing in criminal aliens, 8 U.S.C. § 1324(a)(2)(B)(i), offenses done for commercial advantage or private financial gain, 8 U.S.C. § 1324(a)(2)(B)(ii), and violations where the alien is not presented to an immigration officer immediately upon arrival, 8 U.S.C. § 1324(a)(2)(B)(iii). A mandatory minimum three year term of imprisonment applies to first or second violations of § 1324(a)(2)(B)(i) or (B)(ii). Further enhanced punishment is provided for third or subsequent offenses.

Edited September 17, 2013 by rouguewave

[Boiler 45,932]

What's your point, none of this applies.

[doug/sherry 26]

If this was me, I would pack his bags, take him to the nearest airport, buy a ticket and send him

home. And, if he didn't want to do that, I would tell him he needs to leave your house....he I-134

is not an enforceable contract...it's only used to verify that you are capable of meeting the

financial requirements of the Visa... and after approval of the I-864 you are legally bound for

3 years. Good luck!

Edited September 17, 2013 by doug/sherry

[doug/sherry 26]

You are guilty of aiding an illegal immigrant if you continue to provide him with support. Also his one hope of staying legally is VAWA and do NOT put it past him to stage an event so he gets to stay even if you end up with a real criminal record.

Absolutley, they were at some point schooled to use the Violence Against Womans Act... so if thats

the case thats between him and the government of the USA. But, your not doing anything ilegal,

you did your part. Relationships fail, the law states that if you don't get married within 90 days

the beneficiary has to leave the country. He probably don't have any means to buy a ticket rather

than you, so as I have said earlier, go buy him a ticket and put him on the plane. If you make

that attempt, you did your part over and above the requirements of the law...If he beccomes a

public charge it would be because it was done in his part, not yours. I would not harbor a known

violator of immigration laws.. Because, your aiding and abbeding, and you will ruin your chances

of ever going through the Visa process in the future, if you would decide to venture in an

overseas partner.. good luck..

[idocare 3]

Hey,

Listen, I married a man that I filed a K-1 visa for, we had a child and then the games beginned. This forum had no ideal of all the evilness you endured. My ex-husband is from Nigeria. He filed a VAWA claim, needless to say he's still here. We have a son that's now 8-years old. I say count your blessings that your fiancé choice to act out early in the process and you didn't get pregnant. I'm not a attorney so I can only leave you advice........make sure that USCIS knows of the reason you didn't marry him and tell them you have no other connections to him if that,s true and since you didn't marry him for you your good, he will find someone, or he will pay for someone too marry him for a price. Trust me, I,ve been on here for more then a minute. if his family/friends really want him too stay they will pay someone to marry him. Face the facts ( just as I had too ) Once we bring them here and they decide to torment you too the point that you don,t want them...............they have other options in the wings..........nothing u can do about it. Save your fathers money and legally detach yourself him, he only used u too get into America, ace the truth and move on with your life. I know because I was also a victim. Your gonna hurt for a while but remember, once he arrived in America, he left you!!!!!!

It does not take a rocket science to know that he used you to get out of his country, once he arrived here he had no need for you. Plz. protect your interest and move on. This guy will never be right for u