K1 visa holder but did not get married

[SusieQQQ]

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.

My initial response is to say, let her do what she wants. Whatever is going on here, it is clearly not adjustment for marriage. It might be prudent however for the petitioner to notify uscis, referencing the case number on the notification, that he did not marry the beneficiary as it is odd that he received this and potentially implies she is trying to fraudulently say she did. Just so it is on record with them.

 

[Ann714]

My initial response is to say, let her do what she wants. Whatever is going on here, it is clearly not adjustment for marriage. It might be prudent however for the petitioner to notify uscis, referencing the case number on the notification, that he did not marry the beneficiary as it is odd that he received this and potentially implies she is trying to fraudulently say she did. Just so it is on record with them.

Noted on that. Thank you for the response and help.

 

[Sm1smom]

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.

Okay, so beneficiary has a pending petition with USCIS - the fact that someone filed a frivolous petition does not mean it will get approved by USCIS. We already told you if this person came into the US on a K1 visa and marriage never happened, there’s no legal path forward for them in the US. Being scheduled for a bio does not mean their stay continues to be a legal one from Nov. 13th, and that you should stop stressing yourself over their plans of finding some other means, albeit illegal, of remaining in the US.

I don’t think we’re getting the entire story here though: I’m curious to know how you came about this notice since you’re a ‘third party’ in all this. Your post also says “the sponsor received this mail ... regarding the application petition filed by the beneficiary for a biometrics ...” Where did the sponsor get the bio notice from? USCIS clearly didn’t send it to the sponsor, the notice would have been addressed and sent to the person scheduled for the bio appointment - the K1 beneficiary in this case.

 

[SusieQQQ]

Okay, so beneficiary has a pending petition with USCIS - the fact that someone filed a frivolous petition does not mean it will get approved by USCIS. We already told you if this person came into the US on a K1 visa and marriage never happened, there’s no legal path forward for them in the US. Being scheduled for a bio does not mean their stay continues to be a legal one from Nov. 13th, and that you should stop stressing yourself over their plans of finding some other means, albeit illegal, of remaining in the US.

I don’t think we’re getting the entire story here though: I’m curious to know how you came about this notice since you’re a ‘third party’ in all this. Your post also says “the sponsor received this mail ... regarding the application petition filed by the beneficiary for a biometrics ...” Where did the sponsor get the bio notice from? USCIS clearly didn’t send it to the sponsor, the notice would have been addressed and sent to the person scheduled for the bio appointment - the K1 beneficiary in this case.

Indeed, my initial suspicion was that it was the “beneficiary” posting to find out how she could stay legally, although afyer that it seemef to be worded from the sponsor’s perspective, but perhaps the initial impression is actually the case. But it doesn’t really matter anyway - nothing changes, the sponsor is not liable for anything, and the beneficiary is illegal from 11/13. Any attempt at a fraudulent petition can only make things worse for the beneficiary.

OP, seeing as you have a copy of the notice, kindly share with us what actual petition was filed to get the bio notice? It’s near the top of the page under “case type”, above the address section that you blanked out.

 

[Ann714]

Okay, so beneficiary has a pending petition with USCIS - the fact that someone filed a frivolous petition does not mean it will get approved by USCIS. We already told you if this person came into the US on a K1 visa and marriage never happened, there’s no legal path forward for them in the US. Being scheduled for a bio does not mean their stay continues to be a legal one from Nov. 13th, and that you should stop stressing yourself over their plans of finding some other means, albeit illegal, of remaining in the US.

I don’t think we’re getting the entire story here though: I’m curious to know how you came about this notice since you’re a ‘third party’ in all this. Your post also says “the sponsor received this mail ... regarding the application petition filed by the beneficiary for a biometrics ...” Where did the sponsor get the bio notice from? USCIS clearly didn’t send it to the sponsor, the notice would have been addressed and sent to the person scheduled for the bio appointment - the K1 beneficiary in this case.

Hi, what i meant by sponsor is the petitioner..the beneficiary is at the place of the petitoner since he can't send her away bec of the affidavit of support he signed before. The embassy told him that he needs to let her stay in her place until K1 expires. The bio notice was sent to the petitioners address in which he saw it on top of the beneficiary's dresser. I am close with the petitioner bec he is my best friend's bf and trying to help them both and details are beibg given to me bybmy friend and/or the petitioner. Apologies for the confusion.

 

[newacct]

Hi, what i meant by sponsor is the petitioner..the beneficiary is at the place of the petitoner since he can't send her away bec of the affidavit of support he signed before. The embassy told him that he needs to let her stay in her place until K1 expires. The bio notice was sent to the petitioners address in which he saw it on top of the beneficiary's dresser. I am close with the petitioner bec he is my best friend's bf and trying to help them both and details are beibg given to me bybmy friend and/or the petitioner. Apologies for the confusion.

Nope. There is absolutely no reason why he has to let her be "at his place". If the "Affidavit of Support" you are referring to is the I-134 that was signed to get the K-1 visa, as I said before, it is not legally binding. It has no legal effect, and does not impose any obligations upon him whatsoever. An I-864 binding Affidavit of Support would only be filed by the petitioner if she files for Adjustment of Status after marriage, which is not possible in this case as they have not married (also an I-864 does not take effect until the beneficiary becomes a permanent resident based on the petitioner, which again is not possible here anyway).

 

[SusieQQQ]

Hi, what i meant by sponsor is the petitioner..the beneficiary is at the place of the petitoner since he can't send her away bec of the affidavit of support he signed before. The embassy told him that he needs to let her stay in her place until K1 expires. The bio notice was sent to the petitioners address in which he saw it on top of the beneficiary's dresser. I am close with the petitioner bec he is my best friend's bf and trying to help them both and details are beibg given to me bybmy friend and/or the petitioner. Apologies for the confusion.

This is nonsense, sorry. The embassy told him? Rubbish, the embassy has no say over what a USC does inside the US. And in any case as newacct points out, there is no legal obligation from an I134.

Can you answer the question about the case type on the bio form? It seems to me like not only is the beneficiary headed for illegality but her actions are likely to lead to deportation and a permanent ban from the US, the US really does not take kindly to fraudulent applications for immigration benefits.

 

[SusieQQQ]

I am close with the petitioner bec he is my best friend's bf .

Also, what, he just brought someone on a K1 but he’s your best friend’s boyfriend? Overlap? Is your friend absolutely sure she is getting the full story from her boyfriend? Who was snooping on the beneficiary's dresser? This story gets weirder by the minute. Is your friend by any chance providing any financial support to her boyfriend? Another possible read of all of this is that the beneficiary is in the house and got the bio notice because they did actually get married, and your friend is being lied to.

 

[Sm1smom]

Hi, what i meant by sponsor is the petitioner..the beneficiary is at the place of the petitoner since he can't send her away bec of the affidavit of support he signed before. The embassy told him that he needs to let her stay in her place until K1 expires. The bio notice was sent to the petitioners address in which he saw it on top of the beneficiary's dresser. I am close with the petitioner bec he is my best friend's bf and trying to help them both and details are beibg given to me bybmy friend and/or the petitioner. Apologies for the confusion.

Hmm! The plot gets thicker

No embassy can dictate what a USC can or cannot do in their own house. How did the embassy communicate this “executive order” to the K1 sponsor? Phone call?, email? Who initiated the contact with the embassy in order for this instruction to get communicated? Are you beginning to see how the “he needs to let her stay in her place till K1 expires” statement makes no sense?

I think the K1 visa sponsor and beneficiary already got married and filed for AOS on that basis. Your best friend on the other hand is being stringed along by the man she considers her boyfriend.

 

[Ann714]

This is nonsense, sorry. The embassy told him? Rubbish, the embassy has no say over what a USC does inside the US. And in any case as newacct points out, there is no legal obligation from an I134.

Can you answer the question about the case type on the bio form? It seems to me like not only is the beneficiary headed for illegality but her actions are likely to lead to deportation and a permanent ban from the US, the US really does not take kindly to fraudulent applications for immigration benefits.

There was no case type written on the bio form..the shaded part was just the name and address.

 

[SusieQQQ]

There was no case type written on the bio form..the shaded part was just the name and address.

Either you are trying to hide something or you’re being lied to. You’re talking here to people who are in processes that we just about all receive bio forms. We know what they look like. There is a standard box at the top of a bio notice that states the case type, right under the large print bold type that says “biometric notification” or “ASC appointment notice” or similar. This is above the shaded bit in your photos. It is on every form and is filled in as standard. Perhaps, on the one you have it says I485.

 

[Ann714]

Also, what, he just brought someone on a K1 but he’s your best friend’s boyfriend? Overlap? Is your friend absolutely sure she is getting the full story from her boyfriend? Who was snooping on the beneficiary's dresser? This story gets weirder by the minute. Is your friend by any chance providing any financial support to her boyfriend? Another possible read of all of this is that the beneficiary is in the house and got the bio notice because they did actually get married, and your friend is being lied to.

It was the petioner snooping on the dresser. My friend does not provide any finacial support to the boyfriend. The guy (petioner) told my friend that the beneficiary doesnt want to leave US bec she was told by the us embassy in her country that if her K1 visa fails for the 2nd time they will no longer give her visa to go back. So the beneficiary went to embassy and told the petitioner there will be more papers coming bec she filed for working visa. But it is only the bio notice that the guy was able to get hold of.

 

[SusieQQQ]

It was the petioner snooping on the dresser. My friend does not provide any finacial support to the boyfriend. The guy (petioner) told my friend that the beneficiary doesnt want to leave US bec she was told by the us embassy in her country that if her K1 visa fails for the 2nd time they will no longer give her visa to go back. So the beneficiary went to embassy and told the petitioner there will be more papers coming bec she filed for working visa. But it is only the bio notice that the guy was able to get hold of.

As the British might say, this story is a load of bollocks.
(According to this, beneficiary somehow managed to visit the embassy while being in the US?)

 

[Jbuff]

I've been following this thread from the beginning.

So the friend " The OP"

Posted on behalf of her female friend

Who is the girlfriend

To A Guy that brought up another Female on a K1 VISA
Please correct me if I'm wrong on any of the things I stated above

If not

TELL your friend. Her so call boyfriend already married the K1 visa holder he brought up.
That's probably why she got a biometrics appointment.
He's just lying to her

 

[SusieQQQ]

Easy way to clear all this up. Presumably the girlfriend sees the beneficiary at least occasionally while she’s visiting her boyfriend’s house if beneficiary is living there. Why doesn’t she just ask her outright?

 

[Jbuff]

Easy way to clear all this up. Presumably the girlfriend sees the beneficiary at least occasionally while she’s visiting her boyfriend’s house if beneficiary is living there. Why doesn’t she just ask her outright?

Sounds like a nice Pilot for a soap Opera.

 

[Ann714]

Sounds like a nice Pilot for a soap Opera.

The guy gave the beneficiary's number to my best friend who is the current girlfriend. And beneficiacy told my bestfriend there is no marriage that happened or will happen. Beneficiary has friends (from same country) who is part of the community and helping her regarding the working visa filed (as per beneficiary) though the petitioner/x-fiance has not seen the other documents or paperworks regarding the application for the mentioned work visa. The petioner actually bought a ticket for the beneficiary to send her home but the girl was too stubborn to take the flight last 8Nov because she sais she has an appointment for bio on 16Nov. I already told both my best friend and her bf that there is no way she can extend or change her visa..and that she really needs to leave the country. So x-fiance will call embassy on Monday to advise about the expiring visa.

 

[SusieQQQ]

What do you hope to accomplish by calling the embassy? It can do nothing about anything happening in the US. It issues or denies visas, and what happens after that is out of its jurisdiction. This is the second time you talk about the embassy in a context that it cannot possibly do anything. By the way - a K1 visa is single use. It expired as soon as she used it. You’re confusing visa expiry with authorized stay.

Hmm, so your friend has only spoken to the person over the phone (who told her the same story the boyfriend has, convenient and predictable). Is your friend not allowed to visit the boyfriend’s home?

I think someone needs to wake up and smell the coffee here.

 

[Sm1smom]

 

[flumeresearcher]

Everyone thinks that for the sake that anyone can just file for a k1 visa for their fiance, know that the US government has still lot's of requirements for a petitioner to accomplish.