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  • K3, divorce before visa etc.

    Not sure where to start.....

    I am seeking advice for a friend who is in a messy situation. Here
    is the background. He is a US citizen who married an Indian citizen
    in May 2005. She is in India and he is in the US. They were married
    in India. He initially filed a K3 visa application. A few months
    later, due to marital discord, he sent a letter to the INS to
    withdraw the K3 application and he is about to file divorce papers
    (next week) in the US. To his surprise, today he received
    notification from INS that the K3 visa was approved. So it looks
    like the visa processing went ahead, in spite of his letter.

    What can be done now? Can his spouse still be issued a visa if he
    has filed for divorce in the US? Even if she did come to the US, can
    her K3 visa become invalid after some time since they will be
    separated and eventually divorced in a few months?

    What is the best way to get out of this messy situation?
    He plans to contact INS asap to find out what is happening, but it
    seems like once a visa is issued, it is hard to cancel it.

    Should he contact the Consulate in India so they can be aware of the situation before the interview, if there is an interview?

    She might have a copy of the affadavit of support that he sent before realizing the marriage would not work.

    Thanks for any help.

  • #2
    Not sure where to start.....

    I am seeking advice for a friend who is in a messy situation. Here
    is the background. He is a US citizen who married an Indian citizen
    in May 2005. She is in India and he is in the US. They were married
    in India. He initially filed a K3 visa application. A few months
    later, due to marital discord, he sent a letter to the INS to
    withdraw the K3 application and he is about to file divorce papers
    (next week) in the US. To his surprise, today he received
    notification from INS that the K3 visa was approved. So it looks
    like the visa processing went ahead, in spite of his letter.

    What can be done now? Can his spouse still be issued a visa if he
    has filed for divorce in the US? Even if she did come to the US, can
    her K3 visa become invalid after some time since they will be
    separated and eventually divorced in a few months?

    What is the best way to get out of this messy situation?
    He plans to contact INS asap to find out what is happening, but it
    seems like once a visa is issued, it is hard to cancel it.

    Should he contact the Consulate in India so they can be aware of the situation before the interview, if there is an interview?

    She might have a copy of the affadavit of support that he sent before realizing the marriage would not work.

    Thanks for any help.

    Comment


    • #3
      A signed and dated request to withdraw must be made by the petitioner in a family-based immigrant visa case, or by either the visa applicant or the petitioner in an employment-based immigrant visa case.


      This written request to cancel the visa must be sent either to the National Visa Center, if the petition is on file at the NVC:

      U.S. State Dept.
      National Visa Center
      32 Rochester Ave.
      Portsmouth, NH 03801-2909


      or to the U.S. Embassy where interview is to be held
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment

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