Cancel or Abandon K1 after POE but before marriage

[LoveLorn 3]

Hello all,

 

Thinking about cancelling or abandoning a K1 visa...AFTER... arriving in the US.  The interview and POE were all fine, all went off without a hitch and there were no problems whatsoever.

 

However, as sometimes unfortunately happens, the delays involved with this whole process took a toll and the relationship may not work out. We are not yet married.

 

We're still working on things, we're not quite ready to give up. We're still very friendly, there's no situation of abuse going on, it's not like I have to flee or get away or anything like that.  It's all good and my fiance wants me to stay in his home until the K1 runs out, no matter what.

 

But with only six weeks left on the visa, it's time to look into worst-case scenarios.

 

I applied for an SSN six weeks ago upon arrival and have heard nothing since.  I understand that, in order to enquire about that, I need to attend the SSN office and have them look into it. Also, I understand that, once assigned, the SSN will be mine forever, no matter where I live, and that I will need to keep it safe so that it doesn't fall into the hands of an identity thief or anything like that. My former fiance has already agreed to forward my SSN card to me if it arrives after I depart the country.

 

Okay, now here are my questions:

 

1)  Do I still need to attend the SSN office and find out what's going on with the number, and if so, do I need to inform them that I'm leaving/abandoning my K1 visa?

 

2)  Do I need to inform the USCIS that I'm leaving/abandoning the visa or can I just go home and the visa will expire naturally without filing AoS?

 

 

 

Sincere thanks to all for any help, guidance, thoughts or advice.

 

 

 

 

[mrmvkjts 459]

I can not really give you an answer about the SSN

butvas far as I‘m informed you basically just go home...you didn‘t get married...no AOS, so before the 90 days are up you need to leave if there is no wedding

 

[geowrian 22,338]

I'm sorry to hear that things are not working out.

 

You can't cancel the visa...it's single use and was canceled when you went through POE. You can stay for up to the 90 days permitted at entry.

1. No. Normally the SSN only takes a couple days to a week to receive. But if it goes through manual verification (which sounds like the case here), it could be a few weeks. There is no requirement to actually obtain an SSN or to be present if they do issue one. They will either issue a card that can then be forwarded to you, or they won't issue the card if it goes beyond the 76 day period where they can do so (90 days - 14 days of legal status required).
2. No. You can leave at any time (prior to the 90 full days) and without consequence. If you ever apply for another US visa, they will see the past K-1 and may ask about it, but there is no need to inform them or take any action before then.

 

Best wishes.

Edited May 15, 2018 by geowrian

[LionessDeon 2,060]

I would definitely look into what happened with your social security card.  They usually arrive within two weeks after applying.  You don't need to tell anyone anything.  Just return home before your K1 expires.  Wish you the best.

[Roel 7,193]

17 minutes ago, LoveLorn said:

Hello all,

 

Thinking about cancelling or abandoning a K1 visa...AFTER... arriving in the US.  The interview and POE were all fine, all went off without a hitch and there were no problems whatsoever.

You cannot cancel K1 after entering the US. K1 becomes invalid once you enter.

 

17 minutes ago, LoveLorn said:

 

However, as sometimes unfortunately happens, the delays involved with this whole process took a toll and the relationship may not work out. We are not yet married.

If you don't want to get married,  you have to leave the US. You have no legal way to stay, only marriage to the petitioner.

 

17 minutes ago, LoveLorn said:

 

 

 

I applied for an SSN six weeks ago upon arrival and have heard nothing since.  I understand that, in order to enquire about that, I need to attend the SSN office and have them look into it. Also, I understand that, once assigned, the SSN will be mine forever, no matter where I live, and that I will need to keep it safe so that it doesn't fall into the hands of an identity thief or anything like that. My former fiance has already agreed to forward my SSN card to me if it arrives after I depart the country.

Why do you need SSN if you're leaving though? Seems pointless.

 

17 minutes ago, LoveLorn said:

2)  Do I need to inform the USCIS that I'm leaving/abandoning the visa or can I just go home and the visa will expire naturally without filing AoS?

 

You can just go home. Visa already expired.

[Coco8 1,042]

I would find out about the SSN or, if you leave, tell the person that lives at the address where your SSN will arrive to forward the envelope to you. You do not want someone to take over your SSN. You do not know if you will ever come back to the US (even with the same fiance or work, whatever).

Edited May 15, 2018 by Coco8

[LoveLorn 3]

4 hours ago, Roel said:

You cannot cancel K1 after entering the US. K1 becomes invalid once you enter.

Thank you.

4 hours ago, Roel said:

 

If you don't want to get married,  you have to leave the US. You have no legal way to stay, only marriage to the petitioner.

Yep, as I said, I'm aware of that. Thank you.

4 hours ago, Roel said:

 

Why do you need SSN if you're leaving though? Seems pointless.

I don't need it. As I said, I applied for it right after POE and it has not arrived. This doesn't mean it hasn't or won't be issued. It may be in processing still.  Of course, I don't plan to use it, but I'm told that once assigned, a US social security number can't be canceled or returned or in any way rendered invalid, ever. It will be valid until death, no matter where in the world you reside.  So I want to make sure I receive it into my personal safekeeping so that it doesn't go astray or fall into the hands of criminals. That's the point of chasing it down or I wouldn't bother.

4 hours ago, Roel said:

 

You can just go home. Visa already expired.

Thank you very much for your kind assistance.

[NikLR 13,232]

I'm sorry this hasn't seemed to work out for you.  Best of luck in the future.  I too would want my SSN for safekeeping. As long as you leave before the I-94 expires you shouldn't have too many issues with future visas. 

[TNJ17 1,329]

Sorry it didn’t work out for you. Your visa is already voided as per admittance so you can’t ever use it again. You must depart the country before your 90 days are up or you will be out of status and thus an illegal alien and that will have consequences should you ever apply for any non-immigrant Visa ever again. As far as your social security card, yes, once you are issued a number that is yours for life, and you may inquire about what is taking so long but since you’re not adjusting status you have no reason to get one and they might give you h ell for it depending on the officer you get. There really is nothing you need to do in order to leave the country, treat this visa like a tourist visa and make sure you don’t do anything you’re not allowed and leave before your 90 days are up. Don’t wait until the last minute. A lot of people come to this website trying to find a way to fix their issue because they ended up overstaying because their plane got canceled or delayed because they waited until the last minute to leave, and only to find out the hard way that it will make it almost impossible to get a new non immigrant visa because of that one little thing. Remember that you came here to get married and you’re no longer doing that so you can’t abuse the visa. 

Edited May 16, 2018 by TNJ17

[shawarma_frites 21]

Am I misunderstanding some detail about this post? I thought a K-1 (NON-IMMIGRANT) visa holder was not eligible to apply for a SSN until the Adjustment of Status (I-485) was filed, which is after the marriage. 

 

How could LoveLorn file for a SSN on a K-1 without marriage or Adjustment of Status?

[geowrian 22,338]

Just now, shawarma_frites said:

Am I misunderstanding some detail about this post? I thought a K-1 (NON-IMMIGRANT) visa holder was not eligible to apply for a SSN until the Adjustment of Status (I-485) was filed, which is after the marriage. 

 

How could LoveLorn file for a SSN on a K-1 without marriage or Adjustment of Status?

Yes, you are misunderstanding. A K-1 entrant is permitted to apply for an SSN just fine.

[Orangesapples 1,954]

10 minutes ago, shawarma_frites said:

Am I misunderstanding some detail about this post? I thought a K-1 (NON-IMMIGRANT) visa holder was not eligible to apply for a SSN until the Adjustment of Status (I-485) was filed, which is after the marriage. 

 

How could LoveLorn file for a SSN on a K-1 without marriage or Adjustment of Status?

No, you're wrong. K1 visa holders are eligible for an SSN as soon as they enter the US. I got mine 1 week after I entered 

[shawarma_frites 21]

43 minutes ago, Orangesapples said:

No, you're wrong. K1 visa holders are eligible for an SSN as soon as they enter the US. I got mine 1 week after I entered 

What's the advantage of filing for a SSN so soon rather than filing with Employment Authorization?

[evapaula 230]

There's nothing to abandon here, you used the visa, and now the next step would be to marry and apply for AOS. If marriage doesn't happen, you can just leave the US go on with your life, there are no lose ends to tie (except for the SSN, which I would look into). 

[geowrian 22,338]

Just now, shawarma_frites said:

What's the advantage of filing for a SSN so soon rather than filing with Employment Authorization?

It makes it easier (but is not required) to open a joint account, get insurance, etc. Some DMVs require an SSN to get a driver's license or state ID, too.

 

You still need an EAD to work, though. That's filed with AOS after marriage.