K1 visa holder but did not get married

Ann714

New Member
If K1 beneficiary did not marry the sponsor and broke up will the affidavitbof support can still be used by the beneficiary even after the K1 expires? Beneficiary has SSN from previous work can she file for extension of K1 visa or chnage to another Visa type? Will the sponsor for K1 still be liable to support the K1 beneficiary even after it expires
 

Sm1smom

Super Moderator
If the K1 visa holder ends up not marrying the sponsor within 90 days, they need to leave the US. If they remain in the US after the 90 days of allowed stay, their stay in the US becomes illegal. They cannot extend their stay, do a change of status, or adjustment of status. The sponsor will not be liable or expected to support the person if they didn’t get married.
 

Ann714

New Member
T
If the K1 visa holder ends up not marrying the sponsor within 90 days, they need to leave the US. If they remain in the US after the 90 days of allowed stay, their stay in the US becomes illegal. They cannot extend their stay, do a change of status, or adjustment of status. The sponsor will not be liable or expected to support the person if they didn’t get married.
but The beneficiary has SSN which she got way.back when she worked in US. And while her K1 visa has not expired she is currently working too...is there a any chance that she can file and be granted a working visa or allowed to file an immigrant visa?...Thank you for the response.
 

Sm1smom

Super Moderator
Regardless of this person having a SSN and currently working, once it’s already past the 90 day mark and they’re not married to their sponsor, that person has become an illegal alien.

They cannot get a work visa nor file for a GC from within the US. The K1 visa was expressly issued for the purpose of entering the US and marrying their sponsor - that marriage is the only basis of legalizing their stay in the US following th 90 days expiration date.
 

Ann714

New Member
Regardless of this person having a SSN and currently working, once it’s already past the 90 day mark and they’re not married to their sponsor, that person has become an illegal alien.

They cannot get a work visa nor file for a GC from within the US. The K1 visa was expressly issued for the purpose of entering the US and marrying their sponsor - that marriage is the only basis of legalizing their stay in the US following th 90 days expiration date.
Noted on this. Thank you for the prompt response, it is greatly apprreciated.
 

SusieQQQ

Well-Known Member
T
but The beneficiary has SSN which she got way.back when she worked in US. And while her K1 visa has not expired she is currently working too...is there a any chance that she can file and be granted a working visa or allowed to file an immigrant visa?...Thank you for the response.
Curious, on what basis is she working? Illegal? It’s almost impossible to get an EAD before 90 days apparently. Or did she get lucky and get one so fast?
 

newacct

Well-Known Member
If K1 beneficiary did not marry the sponsor and broke up will the affidavitbof support can still be used by the beneficiary even after the K1 expires? Beneficiary has SSN from previous work can she file for extension of K1 visa or chnage to another Visa type? Will the sponsor for K1 still be liable to support the K1 beneficiary even after it expires
The affidavit of support for a nonimmigrant visa like K1 is the I-134, which is not legally binding. The person who filed an I-134 has no legal obligations, no matter what the beneficiary does.

One cannot do Extension of Status or Change of Status to another nonimmigrant status from K-1 status.
 

SusieQQQ

Well-Known Member
She got then EAD way back 2009 i think but not sure though how.

And it’s still valid?? Mom help out here, wouldn’t EAD be linked to an underlying status /adjustment pending that she must have lost if she left the US in the interim and came back in on K1 status?
 

SusieQQQ

Well-Known Member
If K1 beneficiary did not marry the sponsor and broke up will the affidavitbof support can still be used by the beneficiary even after the K1 expires? Beneficiary has SSN from previous work can she file for extension of K1 visa or chnage to another Visa type? Will the sponsor for K1 still be liable to support the K1 beneficiary even after it expires

By the way, on this original question, even though it’s not applicable there seems to have been a clear misunderstanding. The affidavit of support doesn’t actually require the sponsor to pay for the beneficiary, it is a means whereby the state can reclaim any public monies used by the beneficiary. But in any case the affidavit of support for K1 only gets signed when adjustment of status takes place, and that’s not happening.

I’m sorry to say it is sounding like the poor sponsor just got used as a means to a visa, but without the beneficiary understanding the very strict limitations placed on K1 precisely to avoid this kind of scenario happening - or the fact that the affidavit of support does not provide beneficiary a free ride.
 

Sm1smom

Super Moderator
And it’s still valid?? Mom help out here, wouldn’t EAD be linked to an underlying status /adjustment pending that she must have lost if she left the US in the interim and came back in on K1 status?

Yep it is - the person is no longer authorized to work in the US.
 

newacct

Well-Known Member
By the way, on this original question, even though it’s not applicable there seems to have been a clear misunderstanding. The affidavit of support doesn’t actually require the sponsor to pay for the beneficiary, it is a means whereby the state can reclaim any public monies used by the beneficiary. But in any case the affidavit of support for K1 only gets signed when adjustment of status takes place, and that’s not happening.

I’m sorry to say it is sounding like the poor sponsor just got used as a means to a visa, but without the beneficiary understanding the very strict limitations placed on K1 precisely to avoid this kind of scenario happening - or the fact that the affidavit of support does not provide beneficiary a free ride.
I think there are two different things that often get called "Affidavit of Support", the I-134 and the I-864. Someone getting a K1 usually gets an I-134 from the petitioner, and that is not legally binding. When they do Adjustment of Status, then they need I-864; that is legally binding, although the obligations only start when the immigrant becomes a permanent resident.

In this case, since they have not married and thus not filed for Adjustment of Status, I infer that they are talking about the I-134, and there are no legal obligations from that.
 

Ann714

New Member
Yep it is - the person is no longer authorized to work in the US.
Apologies, my bad. The beneficiary only have SSN when she arrived US on a K1 visa. Still checking if she was able to get a new EAD prior to working again. But she does have a new EAD, she can't still use that as a reason to apply for a change Visa, is that correct.
 

Ann714

New Member
By the way, on this original question, even though it’s not applicable there seems to have been a clear misunderstanding. The affidavit of support doesn’t actually require the sponsor to pay for the beneficiary, it is a means whereby the state can reclaim any public monies used by the beneficiary. But in any case the affidavit of support for K1 only gets signed when adjustment of status takes place, and that’s not happening.

I’m sorry to say it is sounding like the poor sponsor just got used as a means to a visa, but without the beneficiary understanding the very strict limitations placed on K1 precisely to avoid this kind of scenario happening - or the fact that the affidavit of support does not provide beneficiary a free ride.
Technically, the sponsor already broke up with the beneficiary months ago but sponsor wasnt able to cancel the K1 visa filed but beneficiary still pushed through with it and travelled to US with hopes of getting back together but the sponsor made it clear that there will be no marriage happening and now beneficiary is looking for ways to stay in US. Beneficiary is telling the sponsor that there are more papers coming...and have shown him a letter about the working visa applied for which im trying to get a copy. Situation is quite complicated...clearly the girl doesnt want to leave the house and go back home to her country.
 

SusieQQQ

Well-Known Member
Technically, the sponsor already broke up with the beneficiary months ago but sponsor wasnt able to cancel the K1 visa filed but beneficiary still pushed through with it and travelled to US with hopes of getting back together but the sponsor made it clear that there will be no marriage happening and now beneficiary is looking for ways to stay in US. Beneficiary is telling the sponsor that there are more papers coming...and have shown him a letter about the working visa applied for which im trying to get a copy. Situation is quite complicated...clearly the girl doesnt want to leave the house and go back home to her country.
It’s not complicated at all, really. The “beneficiary” has to leave the US before 90 days, or she will be illegal - it’s as simple as that.
 

Ann714

New Member
It’s not complicated at all, really. The “beneficiary” has to leave the US before 90 days, or she will be illegal - it’s as simple as that.
Will advise the sponsor...Thanks SusieQQQ and the rest of you here for taking time to answer. Great help!
 

Sm1smom

Super Moderator
1. It is not possible for her to have received a new EAD considering it’s less than 90 days since she entered the US - current processing time for an EAD card is roughly 3 to 5 months.

2. One can’t apply for a Change of Status or Adjustment of Status on the basis of having an EAD.

3. She is lying about having applied for a work visa, USCIS will deny any Change of Status petition she files if indeed she found an employer willing to sponsor her for one.

4. Stop stressing yourself over her plans to illegally stay back in the US, she has no no legal way of moving forward in the US if there’s no marriage to the petitioner. End of story!
 

Ann714

New Member
1. It is not possible for her to have received a new EAD considering it’s less than 90 days since she entered the US - current processing time for an EAD card is roughly 3 to 5 months.

2. One can’t apply for a Change of Status or Adjustment of Status on the basis of having an EAD.

3. She is lying about having applied for a work visa, USCIS will deny any Change of Status petition she files if indeed she found an employer willing to sponsor her for one.

4. Stop stressing yourself over her plans to illegally stay back in the US, she has no no legal way of moving forward in the US if there’s no marriage to the petitioner. End of story!
Got it. Thank you so much for the response.and help.
 

Ann714

New Member
Hi,

Just have a follow-up question. The sponsor received this mail (see attached) regarding the application petition filed by the beneficiary for a biometrics scheduled on 16Nov. Expirxation of K1 visa is 13Nov. Beneficiary said she doesnt have to leave the country because of this schedule sge received. Thank you again for the response.
 

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