K1 what ifs...?

[misterniceguy 0]

I'm a US citizen and I just got back from meeting a wonderful woman in Colombia. We're comtemplating making it a long-term relationship. She would like to visit here for a couple of weeks to check out the country and meet my family and such. It seems a long shot for her to get a B2 because she has no money in the bank or property ownership. She does have a good stable job though. She also has a HUGE circle of friends and family, although I'm not sure that would matter. We will certainly try for the B2, but without high hopes of success. My questions would be:

1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Or would it be possible to do the K3?

2. If we do the K1 and we get married and then she leaves after filing for the AOS(before being completed) is re-entry possible in the future? If so, how? I'm pretty sure she doesn't want to be gone very long the first time she leaves her country.

I'm just mulling over the possibilities. I don't like to leave things to chance. Thanks.

[Otto 83]

1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Yes Or would it be possible to do the K3?Yes

2. If we do the K1 and we get married and then she leaves after filing for the AOS(before being completed) is re-entry possible in the future? Yes - with AP/Advance ParoleIf so, how? I'm pretty sure she doesn't want to be gone very long the first time she leaves her country.

[Maria.S 1]

1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Yes, but I don't know whether you could submit it for the same Beneficiary. Or would it be possible to do the K3? Yes

2. Yes, but she cannot stay outside the US for more than... 1 month? I'm not sure but it's a certain amount of time, or her resident status will expire.

I hope it helps!

[Stephen + Elisha 92]

1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Yes, but I don't know whether you could submit it for the same Beneficiary. Or would it be possible to do the K3? Yes

There is no problem with petitioning for the same beneficiary in the future. If anything, it would raise fewer IMBRA issues (in theory) than petitioning for a different beneficiary. Either way, he would need to disclose the previous petition(s) on any subsequent I-129F, whether for the same beneficiary or a different one.

Edited September 19, 2009 by Stephen + Elisha

[misterniceguy 0]

I really appreciate all the help. It's nice to know that one way or another, it will work out in the end.

[Gary and Alla 3,694]

I'm a US citizen and I just got back from meeting a wonderful woman in Colombia. We're comtemplating making it a long-term relationship. She would like to visit here for a couple of weeks to check out the country and meet my family and such. It seems a long shot for her to get a B2 because she has no money in the bank or property ownership. She does have a good stable job though. She also has a HUGE circle of friends and family, although I'm not sure that would matter. We will certainly try for the B2, but without high hopes of success. My questions would be:

1. If we do the K1 and she decides to leave without getting married, would it be possible to do another K1 in the future? Or would it be possible to do the K3?

2. If we do the K1 and we get married and then she leaves after filing for the AOS(before being completed) is re-entry possible in the future? If so, how? I'm pretty sure she doesn't want to be gone very long the first time she leaves her country.

I'm just mulling over the possibilities. I don't like to leave things to chance. Thanks.

The K-1 is not a trial visa. I suppose it would be possible to not get married and then file for another, but it may be more problematic, maybe not. If she arrives on a K-1 she must complete AOS or get an AP before leaving again and even if she leaves on an AP she must return for her AOS interview. Even after getting a green card, she cannot leave the US for more than 6 months without an AP.

The fiancee visa is NOT an alternative to a B2 visa.

[Justine+David 218]

Yeah...you're skirting the intentions of the K1 visa. It's not a girlfriend visa.

[DanielParul 50]

K1 is a Fiance(e) visa, intended for someone you are sure you will marry, not a trial visa as stated earlier.