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Faaiz bra

K1 visa withdrawal after the fiance entered the country

By Faaiz bra in K-1 Fiance(e) Visa Process & Procedures

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Faaiz bra Newbie

Faaiz bra   0

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Hello, 

so I have a situation here I applied for my fiancé in 2019 and when COVID hit everything went down.. long story short she got visa in March 2022 but we already broke up but she traveled to the USA without telling me anything. she is here my question is , if I withdraw the case what she can do here ? Can she apply for anything or can she stay ? 

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powerpuff Veteran

powerpuff   6,748

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Filed: Lift. Cond. (pnd) Country: Kazakhstan
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You should have notified the consulate of your withdrawal but that’s water under the bridge. 

 

K1 visas are strict in this matter, she cannot adjust status in the US through anyone else except the petitioner.

 

 

Crazy Cat Grand Master

Crazy Cat   42,594

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Filed: Citizen (apr) Timeline
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15 minutes ago, Faaiz bra said:

Hello, 

so I have a situation here I applied for my fiancé in 2019 and when COVID hit everything went down.. long story short she got visa in March 2022 but we already broke up but she traveled to the USA without telling me anything. she is here my question is , if I withdraw the case what she can do here ? Can she apply for anything or can she stay ? 

You can withdraw the I-129f, although she will be out of status after 90 days. She cannot stay and adjust status.  I would contact USCIS immediately.  I would avoid all contact with her.   

1 minute ago, Faaiz bra said:
19 minutes ago, powerpuff said:

So if withdrawal the case basically she can’t do anything to stay in the country?

Plenty of people stay in the US illegally.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,594

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Filed: Citizen (apr) Timeline
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2 minutes ago, powerpuff said:

She can stay if she chooses but she will be here illegally. She doesn’t have any avenues for legal residency .

The only possibility, in my mind, is a VAWA claim, but that would be difficult in my opinion if there is no contact inside the US. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

powerpuff Veteran

powerpuff   6,748

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted
1 minute ago, Crazy Cat said:

The only possibility, in my mind, is a VAWA claim, but that would be difficult in my opinion if there is no contact inside the US. 

VAWA is not an option because they didn’t get married

 

 

Palawan Community Regular

Palawan   131

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Timeline
Posted
26 minutes ago, powerpuff said:

You should have notified the consulate of your withdrawal but that’s water under the bridge. 

 

K1 visas are strict in this matter, she cannot adjust status in the US through anyone else except the petitioner.

How did the Larisa girl adjust from 90 day fiance?  She finally got her greencard thru a lawyer somehow.  '90 Day Fiancé' Alum Larissa Lima Announces Immigration Win — 'I'm Staying' (cheatsheet.com)

powerpuff Veteran

powerpuff   6,748

Posted
Filed: Lift. Cond. (pnd) Country: Kazakhstan
 Timeline
Posted (edited)
27 minutes ago, Faaiz bra said:

I did fill out the fraud form with USCIS WEBSITE 

You can but just a heads up, nothing will happen. She’s low on their list of priorities 

 

5 minutes ago, Palawan said:

How did the Larisa girl adjust from 90 day fiance?  She finally got her greencard thru a lawyer somehow.  '90 Day Fiancé' Alum Larissa Lima Announces Immigration Win — 'I'm Staying' (cheatsheet.com)

They were married. She went the VAWA route 

Edited by powerpuff

 

 

Crazy Cat Grand Master

Crazy Cat   42,594

Posted
Filed: Citizen (apr) Timeline
Posted
4 minutes ago, Faaiz bra said:

do I have another chance to file a petition again?

Yes.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Crazy Cat Grand Master

Crazy Cat   42,594

Posted
Filed: Citizen (apr) Timeline
Posted
39 minutes ago, powerpuff said:

VAWA is not an option because they didn’t get married

You're right.  Based on what we know, the OP has no worries regarding his former fiance.   He should just let this go and seek happiness for himself. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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