can he reapply for another visa?

[dawgofwar71 0]

hello everyone. a friend of mine. whom i will keep nameless. asked me to look something up for him on here. so here we go. he got married last year. to a pinay. and just recently has discovered, she has been cheating on him.so now there separated and in the process of getting divorced.

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

[faryan 4]

Petitioner and beneficiary must be free to marry to apply for K1 visa. So i think, as soon as he has all his final divorce decree etc etc, then he technically can apply for new K1 visa. It's been done, some others also did this before.

Just curious, is this also for another Pinay? And does he already have a new beneficiary in mind or just a hypothetical question in case he will get another bride from the foreign land? None of my business, just that since new beneficiary will go through the same embassy, must expect the possibility of extra scrutiny on the petition. He might have to do some explaining at some point esp on they are going to show they (he and new beneficiary) meet the requirement of having met in the past 2 years.

You said that all this happened fairly recently. IMO your friend is rushing things. People need time to heal, and why didnt they try marital counseling? The marriage is still so very new. Well, to each their own.

Edited February 10, 2009 by faryan

[brnidokiegurl 0]

sounds like a shopper, how do they know they will need a visa down the road

[Gary and Alla 3,694]

sounds like a shopper, how do they know they will need a visa down the road

If he files another application within two years of the first he will likely need a waiver and especially if he goes back to the same "barrel" to choose an apple. These kinds of things raise red flags, especially in countries with high fraud rates. He should be more careful next time.

As far as the law goes, YES he can file another petition. He can do so immediately after the divorce is final and he has a divorce decree in his hands. There is no need to wait or think about anything, just jump right in and grab the first one available.

[payxibka 10,047]

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

Depends on what country he is going to... and whether they need visas for a USC to visit. A USC never needs to apply for a visa to visit the USA.

[faryan 4]

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

Depends on what country he is going to... and whether they need visas for a USC to visit. A USC never needs to apply for a visa to visit the USA.

Very true!

[pushbrk 13,167]

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

Depends on what country he is going to... and whether they need visas for a USC to visit. A USC never needs to apply for a visa to visit the USA.

Very true!

This sounds like another case where a poster has confused "applying for a visa" with "filing a petition". Applying for a visa to enter the USA is something foreigners do.

Is the "friend" a US Citizen? If so, he can file another petition for a fiancee as soon as he's free to marry and has everything ready to file. However, if he's filing the second petition within two years of the first, he'll need to ask for an IMBRA waiver.

If he's a foreigner, his US Citizen petitioner would have the above requirements and he just must be free to marry.

[dawgofwar71 0]

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

Depends on what country he is going to... and whether they need visas for a USC to visit. A USC never needs to apply for a visa to visit the USA.

Very true!

This sounds like another case where a poster has confused "applying for a visa" with "filing a petition". Applying for a visa to enter the USA is something foreigners do.

Is the "friend" a US Citizen? If so, he can file another petition for a fiancee as soon as he's free to marry and has everything ready to file. However, if he's filing the second petition within two years of the first, he'll need to ask for an IMBRA waiver.

If he's a foreigner, his US Citizen petitioner would have the above requirements and he just must be free to marry.

your right, i should have said that. well the woman he is talking to is pinay. yes ,he is a u.s Citizen. he plans on visiting her next year .so it will be outta the 2 yrs by the time he reapplies for another visa.

[pushbrk 13,167]

his Question is this. how long must he wait .till he can reapply for a visa? or even if he can reapply for a visa?

Depends on what country he is going to... and whether they need visas for a USC to visit. A USC never needs to apply for a visa to visit the USA.

Very true!

This sounds like another case where a poster has confused "applying for a visa" with "filing a petition". Applying for a visa to enter the USA is something foreigners do.

Is the "friend" a US Citizen? If so, he can file another petition for a fiancee as soon as he's free to marry and has everything ready to file. However, if he's filing the second petition within two years of the first, he'll need to ask for an IMBRA waiver.

If he's a foreigner, his US Citizen petitioner would have the above requirements and he just must be free to marry.

your right, i should have said that. well the woman he is talking to is pinay. yes ,he is a u.s Citizen. he plans on visiting her next year .so it will be outta the 2 yrs by the time he reapplies for another visa.

Then no waiver would be needed. PLEASE do not propagate this error by continuing to refer to filing a petition as applying for a visa. You friend will never apply for a visa to the USA. His fiance will, if and when his petition is approved. You do not "help" anybody by confusing them with the wrong terminology.