Can fiance use visa without my permission?

[PirateLiker 11]

My fiance was approved for a K1 visa. She finished the interview and is holding the completed visa packet in her hands. Meanwhile, it does not look like things will work out for us. I think she is changing her mind about me. It seems to me that there would be nothing I can do to prevent her from using the visa for coming to America. Furthermore, why should I care what she does with it? Does anyone know?

[ThomasNC1988 762]

Well your only 2 areas of concern would be the I-134(not really a big deal) and future applications should you so choose to do that. Not sure what options you would have to prevent her from using it.

[HP+IC 292]

It is unlikely you can prevent her from coming once she has her visa at hand. Don't marry her if you don't want to. On the other hand, she may not come, if she doesn't want to marry you. Things often get complicated in a long distance relationship. Take your time and let her do the same. Anyway, if she doesn't come, no immediate adverse effects. If she comes and you split up, she either goes home on time or becomes illegal and deportable. To the best of my knowledge, affidavit of support may not be enforced in favor of an illegal beneficiary. If she comes and challenges you, stay calm and do not endanger yourself. Good luck

Edited October 22, 2018 by HP+IC

[Unlockable 7,314]

9 minutes ago, PirateLiker said:

My fiance was approved for a K1 visa. She finished the interview and is holding the completed visa packet in her hands. Meanwhile, it does not look like things will work out for us. I think she is changing her mind about me. It seems to me that there would be nothing I can do to prevent her from using the visa for coming to America. Furthermore, why should I care what she does with it? Does anyone know?

Technically, if you don't take any action, she can only use it to enter the US. However, the K1 has very specific requirements tied to the US petitioner (you) and it will be very difficult for her to be able to become a legal permanent resident without you (unless abuse is claimed in which I speak about below).

 

You should care because the petition and visa is tied to you. If, for example, you happen to find a person who is a better fit for you and you need to petition for them also, this current K1 will be on record which will make things difficult.

 

Also, if your ex uses the visa to enter the US and falsely claim abuse (which is a way for her to get a green card without you), then you will have that to deal with.

 

Your best course of action is to contact the embassy and let them know that the relationship has ended and to cancel the visa.

Edited October 22, 2018 by NuestraUnion

[Alabamak1 688]

6 minutes ago, PirateLiker said:

My fiance was approved for a K1 visa. She finished the interview and is holding the completed visa packet in her hands. Meanwhile, it does not look like things will work out for us. I think she is changing her mind about me. It seems to me that there would be nothing I can do to prevent her from using the visa for coming to America. Furthermore, why should I care what she does with it? Does anyone know?

you probably cannot prevent her from using the visa, but it's open her to do POE and getting to the USA and then w/o your I-864 or else, would be impossible to get her to get EAD even. There are many steps that require her to do before she can even think of doing AOS. She would be out of status after 90 days after POE anyways. 

[chiggins82 88]

I don't think there is anything you could do to prevent her from using the K-1 visa. You might be able to contact USCIS about it (Not sure on this, others maybe know and not sure it would do anything)

 

If she uses the K-1 she needs to marry you and no one else before 90 days and will need you to sign off on AOS before you are held responsible financially. If you do not want to marry her, don't.

 

The K-1 needs to be used within 6 months, so maybe best thing to do is give each other some time and hopefully you can decide together what to do. 

 

I think no matter what, if you are not sure about marriage and the responsibilities that come along with it, don't do it. You can always wait or apply again another time. Much better to do that than to have to deal with things after getting married.

[Jaquelly 1,647]

Just now, NuestraUnion said:

Technically, if you don't take nay action, she can use it to enter the US. However, the K1 has very specific requirements tied to the US petitioner (you) and it will be very difficult for her to be able to become a legal permanent resident without you (unless abuse is claimed in which I speak about below).

 

You should care because the petition and visa is tied to you. If, for example, you happen to find a person who is a better fit for you and you need to petition for them also, this current K1 will be on record which will make things difficult.

 

Also, if your ex uses the visa to enter the US and falsely claim abuse (which is a way for her to get a green card without you), then you will have that to deal with.

 

Your best course of action is to contact the embassy and let them know that the relationship has ended and to cancel the visa.

Seconded. Contact the embassy and send a letter of cancellation to USCIS. Do not mention this to the fiance, as if you think she's using you as a vessel for citizenship, she might change her tune until you get married and are in a far more complicated situation. 

Sorry this is happening. Good luck!

[geowrian 22,337]

Thirded...? Contact the embassy to let them know so they can revoke the visa, and send a letter to USCIS as well to withdraw the I-129F.

 

If she tries to use it to enter the US before they revoke it, she would likely have to make misrepresentations at POE (at least when they ask her about her plans to marry....this is commonly asked but not guaranteed). Plus she can't AOS through anybody else, so she would be setting herself up for all sorts of issues long-term.

[Crazy Cat 41,904]

I would contact the consulate and USCIS as suggested by others.  At best, she gets a 3 month visit to the US......at worst, she misrepresents herself at POE, and gets a lifetime ban....anyway, I would officially withdraw the I-129f.

 

Is there a chance you can work out the issues once she enters the US?

 

Edited October 22, 2018 by missileman

[Mike E 11,739]

My guess is she plans to marry someone else and file an adjustment of status based on that.  Whether that would work “I was planning to marry my I-129F petitioner, but I fell in love with someone else when I arrive” is doubtful.  But agree with others that to protect yourself, you need to inform the embassy or consulate that issued her K-1. 

 

It it would not hurt to tip off the CBP too, as they generally have the authority to deny entry to visa holders with cause.  

[Crazy Cat 41,904]

9 minutes ago, Mike E said:

My guess is she plans to marry someone else and file an adjustment of status based on that.  Whether that would work “I was planning to marry my I-129F petitioner, but I fell in love with someone else when I arrive” is doubtful.  But agree with others that to protect yourself, you need to inform the embassy or consulate that issued her K-1. 

 

It it would not hurt to tip off the CBP too, as they generally have the authority to deny entry to visa holders with cause.  

She can not do that.  After entering via the K-1, She must marry the original petitioner to adjust status.  If she tried that, she would bring a lot of trouble upon herself.........AOS denial plus a misrep ban would be in order imo.

Edited October 22, 2018 by missileman

[Jeanne Adil 1,651]

if she has not left her country yet,  visa can be revoked

as said above notifiy the embassy and USCIS

[R&OC 371]

Sorry, this is a visa forum but I wouldn't revoke the visa unless you both have irrevocably decided to call it off.

 

As you know any long distance relationship is tough at times. She has investments in the Ukraine and has firm roots in the country, family and friends... It is only natural that one gets a little concerned, stressed out and perhaps fight more than one should - and tests the water how firm you both stand on your commitment. If there is a chance to solve it all, I would try to solve it and not give up right away. 

 

You both waited for such a long time, planned ahead... I was somewhat scared when I left Germany despite the excitement and wanting to be wit my husband.

Edited October 22, 2018 by R&OC

[debbiedoo 2,339]

if she has the visa in hand, no there is nothing you can do.

 

she could move here but shed NEVER be able to adjust status and be in danger of deportation if found out.

 

apparently you could try to have it revoked, i stand corrected. but if she hopped a plane before the govt got to it (and we all know how quickly they move).... then... nope.

Edited October 22, 2018 by debbiedoo

[Umka36 781]

Your fiancée can't marry anyone else and AOS beside you with the K1 visa. I personally would do anything in case you two make up as it happens often on VJ. That's just my take, but you know more about your relationship with you fiancée than any of us. Don't want you to have any regrets OP when making difficult decisions.