Jump to content
interested

K1 visa cancelation (consequences)

 Share

21 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Colombia
Timeline

I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Link to comment
Share on other sites

I don't know how you're supposed to report her.

But:

However, my question is: how will this effect my future chances of finding a woman outside the United States?

Perhaps it's more important to focus on *how* you got scammed rather than simply worrying about finding a foreign spouse.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline
I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Her K1 was issued. Under IMBRA, that's the only one you get without a waiver for two years, presuming it's the only one you've ever petitioned for. Not a big deal, since waivers for filing limitations are usually granted unless there was obvious fraud or other problems on the part of the petitioner.

As for your ex-fiancee, her K1 expired the moment she entered the US. After that, she was in the US conditionally on an I-94 that expires in 90 days. Unless she marries you - the person who originally petitioned for her - then she will be out of status, and in the US illegally. There isn't anything you or ICE can do to her until the 90 day period is up. Unless she overstays she hasn't actually broken any laws yet. It would help if you knew what date she entered the US, but it's probably sufficient if you know what day she confirmed to you that she entered the US with her K1. Count off the 90 days, and then send a letter (signature notarized would be a good idea) to ICE and USCIS letting them know you did NOT marry the fiancee you petitioned for and sponsored. Be sure to include the NVC/Embassy case number. I think that should be enough. Just guessing though...

Unfortunately, I don't think this gets you off the hook for sponsorship. Technically, you could still be obligated if she collects any public benefits. Fortunately, the I-134 is about as legally enforceable as a note scribbled on a paper towel.

Good luck!

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

Unfortunately, I don't think this gets you off the hook for sponsorship. Technically, you could still be obligated if she collects any public benefits. Fortunately, the I-134 is about as legally enforceable as a note scribbled on a paper towel.

Good luck!

Definitely check into that!! Now, I'm not an expert, how ever, I would imagine that the 1-34 was bound because the two of you should be marrying, but I really could be wrong about this. Contact your congress or senator as well, perhaps they'll know what you need to do. You have to cut ties!

So sorry that this happened. But at least it did beforeyou married and not after. Give yourself a break from worrying how it would affect future applications. Maybe you'll just meet the right one in the good ole USA and won't need to deal with it!!

K-1 timeline

Sent I-129f Dec. 29, 2008

Received NOA Jan. 10, 2009

NOA2 email sent April 16, 2009, APPROVED

Interview in Vancouver, June 23, 2009 APPROVED!!!!!!!!!!

Wedding, September 19, 2009, South Carolina!!

AOS

Mailed package to Chicago, Oct. 22, 2009

NOA hard copies Nov. 3, 2009

RFE Nov. 17, 2009

Finally mailed back RFE December 15, 2009

Case transferred to CSC January 7th 2010girlfreuya.gif

EAD and AP Approved, cards sent January 8th, 2010!!

AOS approved February 9th 2010 smiley-happy093.gif

Welcome letter and GC received February 16th, 2010

Done with USCIS until 11/08/11

ROC

Sent 1-751 to Vermont Service Center November 18th 2011

NOA November 23, 2011

Biometrics December 23, 2011

RFE Dated Aug. 17; received Aug. 20th

mailed off RFE end of Oct.

Received Email stating card has been ordered Dec. 4

Received Email stating card should arrive within seven days; Dec 6

GLITTER.jpg

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
I don't know how you're supposed to report her.

But:

However, my question is: how will this effect my future chances of finding a woman outside the United States?

Perhaps it's more important to focus on *how* you got scammed rather than simply worrying about finding a foreign spouse.

I don't know how you're supposed to report her.

But:

However, my question is: how will this effect my future chances of finding a woman outside the United States?

Perhaps it's more important to focus on *how* you got scammed rather than simply worrying about finding a foreign spouse.

I got scammed because I was stupid, and she was good, plain and simple............

Link to comment
Share on other sites

Filed: AOS (apr) Country: Pakistan
Timeline

sure it seemseasier find someone outside of united states 4 ya, seeing how the ones inside tend to RUNAWAY!

august 2004 I-129 filed (neb)

DEC 2004 Approved

interview: SEOUL

MArch 21st , 2005AR for special security clearance,washington

May 18th tranfer case from Seoul to Islammabad

June 21st security clearance done

June 28th online at the embassy in Islamabad

waiting for paper transfer and the good word

OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK

AR number 2 sent to DOS per Islamabad (2 cable request)

Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables

dec 20th one cable back waiting on 2nd

Jan 17th.. good word recieved. SECURITY CHECKS ALL CLEAR!!! DOS says embassy to contact him within two weeks!!!!!!

FEBRUARY 10th, 2006 VISA RECIEVED!!! They called him In via phone, stamped his passort and sent him on his way!!!

FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. one hour wait at Poe

march 10th marriage (nikkah at the islamic center)

aug 2006 AOS interview, cond 2 yr GC arrived september

June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard

Dec 2008 10yr green card approved, no interview.

Link to comment
Share on other sites

I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Sorry to hear that.

And it's a good thing you didn't find out after marriage.

It's good that you're thinking ahead and beginning to think smart.

As has been posted, technically she is not out of status until the 90 days after entry.

I don't know what other members might suggest, a notarized letter to California or an ICE office stating that the engagement is off?

A second notarized letter on the 91st day stating no marriage took place?

But be cautious, she knows where you live and maybe work, you don't, you have no idea where she could be.

Be careful you don't get set up again, this time for a restraining order, you could even get kicked out of your own home/apartment by a hasty judge and a great actress.

In addition I believe domestic violence qualifies her for adjustment of status without marrying you.

Good luck and be careful

Surf,

05/26/2009 - Mailed I-129F to VSC

05/28/2009 - I-129F Received by VSC

05/29/2009 - NOA1 Date & mailed by VSC

06/02/2009 - Check Cashed by VSC

06/03/2009 - Got Case Number from back of canceled check image

06/04/2009 - Received NOA1, postmarked 06/02/2009

09/10/2009 - Amended Notice I-797 Email?

09/15/2009 - NVC Received file

09/16/2009 - NOA2 Hardcopy received!

09/17/2009 - NVC sent file to consulate

09/25/2009 - Consulate received hardcopy file

RV .'.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
Unfortunately, I don't think this gets you off the hook for sponsorship. Technically, you could still be obligated if she collects any public benefits. Fortunately, the I-134 is about as legally enforceable as a note scribbled on a paper towel.

Good luck!

Definitely check into that!! Now, I'm not an expert, how ever, I would imagine that the 1-34 was bound because the two of you should be marrying, but I really could be wrong about this. Contact your congress or senator as well, perhaps they'll know what you need to do. You have to cut ties!

So sorry that this happened. But at least it did beforeyou married and not after. Give yourself a break from worrying how it would affect future applications. Maybe you'll just meet the right one in the good ole USA and won't need to deal with it!!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Sorry to hear that.

And it's a good thing you didn't find out after marriage.

It's good that you're thinking ahead and beginning to think smart.

As has been posted, technically she is not out of status until the 90 days after entry.

I don't know what other members might suggest, a notarized letter to California or an ICE office stating that the engagement is off?

A second notarized letter on the 91st day stating no marriage took place?

But be cautious, she knows where you live and maybe work, you don't, you have no idea where she could be.

Be careful you don't get set up again, this time for a restraining order, you could even get kicked out of your own home/apartment by a hasty judge and a great actress.

In addition I believe domestic violence qualifies her for adjustment of status without marrying you.

Good luck and be careful

I have an email address and physical address to the National Visa Center but I can't get an email address or physical address for ICE or the USCIS. Can anyone help me with the addresses? Thanks!

Link to comment
Share on other sites

I am from Illinois. My finance, from Barraquilla, Colombia, and I broke up and I sent letters of cancelation to the place I sent my original application in California and another one to the American Embassy in Bogota. Two weeks later, my finace emailed me and said she had come into the United States anyway. After some questioning, I found out she never really wanted to marry me anyway and that she wasn't coming to Illinois to marry me. Of course, I was pretty shaken up but I have recovered. I have tried contacting USCIS, ICE, and other agencies but there are no emails and the phone numbers where I am supposed to get a live person just have me on hold for 20, 30, 40 minutes before I give up. I've tried INFOPASS but my category (visa cancelation isn't listed). However, my question is: how will this effect my future chances of finding a woman outside the United States? I don't know what to do? If I find another girlfriend I want to marry, will I get penalized? If there are penalties, what are they? Will someone help with information and anything else I might need to resolve my problem. Thanks!

Sorry to hear that.

And it's a good thing you didn't find out after marriage.

It's good that you're thinking ahead and beginning to think smart.

As has been posted, technically she is not out of status until the 90 days after entry.

I don't know what other members might suggest, a notarized letter to California or an ICE office stating that the engagement is off?

A second notarized letter on the 91st day stating no marriage took place?

But be cautious, she knows where you live and maybe work, you don't, you have no idea where she could be.

Be careful you don't get set up again, this time for a restraining order, you could even get kicked out of your own home/apartment by a hasty judge and a great actress.

In addition I believe domestic violence qualifies her for adjustment of status without marrying you.

Good luck and be careful

I have an email address and physical address to the National Visa Center but I can't get an email address or physical address for ICE or the USCIS. Can anyone help me with the addresses? Thanks!

Scroll down. Read text.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

As far as I am aware the I-134 is NOT a binding contract. You only become bound once you do AOS, because her status would be illegal at the point she runs over the 90 days, so you are not on the hook to take care of her as she is no longer suppose to be here because you did NOT get married, so you should have no worries on that end. Its just if you did AOS and the I-8whatever it is that it binds you to repay, the I-134 is just to make sure you can actually sponsor your spouse (no point in bringing them to get married to be denied at AOS if you can't meet the requirments)

As for penalties, you would have to do an IMBRA if you file in the next 2 years or if you have filed for 2 aliens at this point. As mentioned by someone else, these are frequently handed out as its just a waiver for the limitations and its usually not an issue if you didnt just bring someone here to get a green card.

I'm sorry this happened to you.

~*~*~Steph and Wes~*~*~
Married: 2010-01-20

ROC: (for the complete timeline click on my timeline button, the signature was getting too long!)
I-751 Sent: 2015-05-22
NOA1 Notice Date: 2015-05-27
NOA1 Received: 2015-06-06
Biometrics Notice Date: 2015-06-27
Biometrics Date: 2015-07-17

Interview Notice Date: 2015-07-28

Interview Date: ​2015-09-01
Approval Date:
Approval Notice Date:


hdh1crofujrxk.png

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

Yes, the I-134 doesn't have the weight the I-864 has, so you won't be bidden to her as far as support goes.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Link to comment
Share on other sites

Filed: K-1 Visa Country: Colombia
Timeline
As far as I am aware the I-134 is NOT a binding contract. You only become bound once you do AOS, because her status would be illegal at the point she runs over the 90 days, so you are not on the hook to take care of her as she is no longer suppose to be here because you did NOT get married, so you should have no worries on that end. Its just if you did AOS and the I-8whatever it is that it binds you to repay, the I-134 is just to make sure you can actually sponsor your spouse (no point in bringing them to get married to be denied at AOS if you can't meet the requirments)

As for penalties, you would have to do an IMBRA if you file in the next 2 years or if you have filed for 2 aliens at this point. As mentioned by someone else, these are frequently handed out as its just a waiver for the limitations and its usually not an issue if you didnt just bring someone here to get a green card.

I'm sorry this happened to you.

Thank you....Can you tell me more about IMBRA? Is it just a form I have to fill out with my explantion of what happened or is it more involved! I'm feeling mightly low these days. I never thought this would happen.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline
:guides: And read the FAQs.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Link to comment
Share on other sites

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...