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K1 visa gone bad

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Old Jun 6th 2007, 3:51 am
  #16  
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Default Re: K1 visa gone bad

You need only to turn in your I-94 at the airport when you depart. Nothing else really to be done.

Note that there might be additional questions for future K-1 interviews and for future interview for AOS even though you did not follow through with this one. The USCIS will be looking more closely for fraud since your love interests seem to be Americans and this will be a red light to them.



Originally Posted by SXMWendell
I was wanting to know how to do this correctly with the USCIS for a
traceable departure ( if that is what they want). And leaving an option
opened for a future K1 visa (if that ever happens).

W.

"Rete" <[email protected]> wrote in message
news:[email protected] m...
>
> > Thank you Ian
> >
> > What would be the correct procedure to leave yhe US. Divorce and paper
> > trail
> > of the leaving?
> > The I 485 has been sent in and biometrics taken but no appointment
> > with the
> > USCIS yet.
> >
> > W.
> >
> >
> > Divorce and paper trail of the leaving?
> > "ian-mstm" <[email protected]> wrote in message
> > news:[email protected] m...
> > >
> > > > Does anyone know of a K1 visa gone bad after mirrage but before
> > > > I485.
> > > >
> > > > Just trying to survive.
> > > >
> > > > W.
> > >
> > > A K-1 beneficiary can *only* adjust status based on a viable
> > > marriage to
> > > the person who filed the I-129F petition. No options. So... if you
> > > entered the US as a K-1 beneficiary *and* if you are now married
> > > *and*
> > > if you have not yet filed the I-485 *and* the marriage is no longer
> > > viable... you have only *two* options: 1) live in the US with no
> > > legal
> > > status fearing that every moment of your life the feds will knock on
> > > your door, or 2) leave the US. Personally, I'd choose #2.
> > >
> > > Ian
> > >
> > > --
>
> The divorce can be done in the US and you need not be here for the
> duration of it. Will you be filing for the divorce or the USC?
>
> You can mail the USCIS at the NVC address and at the local district
> office address advising them that you are withdrawing your petitions as
> your marriage is being dissolved. It is not a requirement as the
> petition will be considered abandoned once you do not show up for the
> interview.
>
> But you never know what might happen. Have seen one couple that stands
> out in my mind (he is the USC and she is from Austria) where she came on
> the K-1 and then decided not marry, returned home and then decided to
> get married and had to do it all over again. Then there was the couple
> that actually married, he left and went back to the UK and then they
> decided to work on the marriage after all and had to go the K-3 route.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
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Old Jun 6th 2007, 6:30 am
  #17  
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Default Re: K1 visa gone bad

Originally Posted by SXMWendell
The I 485 has been sent in and biometrics taken but no appointment with the USCIS yet.
If you've filed the I-485, you *do* have status in the US as "pending adjustment". You will maintain this status right up until the day your adjustment is denied... and that may be 6 months from now or 3 years from now... whenever you get notice that the adjustment has been denied.

While you'll still be required to leave the US once the adjusment is denied, it's not something you need to do *right now*... so this may give you a few months or so of breathing room to make a decision about how you'd like to proceed.

Ian
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Old Jun 6th 2007, 6:35 am
  #18  
SXMWendell
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Default Re: K1 visa gone bad

I guess I need to clarify a little more. I am the USC. So the USC is looking
for the correct way to do this.

TIA

W.


"Rete" <[email protected]> wrote in message
news:[email protected] m...
>
> > I was wanting to know how to do this correctly with the USCIS for a
> > traceable departure ( if that is what they want). And leaving an
> > option
> > opened for a future K1 visa (if that ever happens).
> >
> > W.
> >
> > "Rete" <[email protected]> wrote in message
> > news:[email protected] m...
> > >
> > > > Thank you Ian
> > > >
> > > > What would be the correct procedure to leave yhe US. Divorce and
> > > > paper
> > > > trail
> > > > of the leaving?
> > > > The I 485 has been sent in and biometrics taken but no appointment
> > > > with the
> > > > USCIS yet.
> > > >
> > > > W.
> > > >
> > > >
> > > > Divorce and paper trail of the leaving?
> > > > "ian-mstm" <[email protected]> wrote in message
> > > > news:[email protected] m...
> > > > >
> > > > > > Does anyone know of a K1 visa gone bad after mirrage but
> > > > > > before
> > > > > > I485.
> > > > > >
> > > > > > Just trying to survive.
> > > > > >
> > > > > > W.
> > > > >
> > > > > A K-1 beneficiary can *only* adjust status based on a viable
> > > > > marriage to
> > > > > the person who filed the I-129F petition. No options. So... if
> > > > > you
> > > > > entered the US as a K-1 beneficiary *and* if you are now married
> > > > > *and*
> > > > > if you have not yet filed the I-485 *and* the marriage is no
> > > > > longer
> > > > > viable... you have only *two* options: 1) live in the US with no
> > > > > legal
> > > > > status fearing that every moment of your life the feds will
> > > > > knock on
> > > > > your door, or 2) leave the US. Personally, I'd choose #2.
> > > > >
> > > > > Ian
> > > > >
> > > > > --
> > >
> > > The divorce can be done in the US and you need not be here for the
> > > duration of it. Will you be filing for the divorce or the USC?
> > >
> > > You can mail the USCIS at the NVC address and at the local district
> > > office address advising them that you are withdrawing your petitions
> > > as
> > > your marriage is being dissolved. It is not a requirement as the
> > > petition will be considered abandoned once you do not show up for
> > > the
> > > interview.
> > >
> > > But you never know what might happen. Have seen one couple that
> > > stands
> > > out in my mind (he is the USC and she is from Austria) where she
> > > came on
> > > the K-1 and then decided not marry, returned home and then decided
> > > to
> > > get married and had to do it all over again. Then there was the
> > > couple
> > > that actually married, he left and went back to the UK and then they
> > > decided to work on the marriage after all and had to go the K-3
> > > route.
> > >
> > > --
> > > I'm not an attorney. This disclaimer is valid in NYS!
>
> You need only to turn in your I-94 at the airport when you depart.
> Nothing else really to be done.
>
> Note that there might be additional questions for future K-1
> interviews and for future interview for AOS even though you did not
> follow through with this one. The USCIS will be looking more closely
> for fraud since your love interests seem to be Americans and this will
> be a red light to them.
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!
 
Old Jun 6th 2007, 7:57 am
  #19  
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Default Re: K1 visa gone bad

Originally Posted by SXMWendell
I guess I need to clarify a little more. I am the USC. So the USC is looking
for the correct way to do this.
There is nothing special the USC needs to do in this case regarding USCIS. All you need to do is start the divorce paperwork (if that's what you want to do).

Rene
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