apllying for the second time with a new person.

[masimo 0]

Hello everybody, after going through some in my life here i'am again having some question for old mates, my problems started when my visa was issued, as a k1 visa, when i decided to leave to my fiancée i took one way ticket, i got there and she was waiting for me with her mother and daughter, i was so happy and so is she, after a few days i started to wonder because i was feeling that something is wrong, when i talked and asked what's going on, she said that she have another man in her life, and she wanted to tell me so in person and wanted me to come and visit the state, i was so upset because i said i didn't come to visit, and she should have told me before, no need to bring me from the end of the world to tell me two words, as i wasn't planing to a trip back i called a friend in the state to get me a ticket back, when i told him the whole story he advised me to come and stay by until he get his paycheck and get me a ticket, her new man was around and i was worried about temptation so i decided to leave, i went to my friend, after 3 weeks we got a back ticket, and i left back home before my legal stay is reached with more than one month, while i was in the stat i met a girl online who she the one to keep me company in that new place, i didnt have the mood to do anything so i stayed home most of the time alone, in the few days i got to know her, i went back to my country, and we kept in contact, in the last week we decided to met, and that was the first time i find it so easy to communicate with someone, to love and feel that i'am loved, talk about years ahead plan and (you all know that, most of us went through it).

we finally decided that we are meant for each others and want to marry, have kids, and have a family, my question is will my past application affect this one if i apply? i know that they may ask about it in the AOS but i have no problems with that, my only concern is, should i apply using a lawyer or do it on my own, what is your advice? we have good grounds like a joint account with both of us, and also pictures, letters, email, phone calls everyday, letter of intent , pictures with the family and much more, should we go for it with god willing or what?

Thank you

[Matt & Bing 56]

If you apply for a second K-1 visa within 2 years of a previously approved petition then you will have to request a waiver due to filing limitations under IMBRA. Its usually not a big deal and they are routinely granted.

It won't affect AOS and if you are willing to read the guides here on VJ you should not need a lawyer.

[baron555 934]

The OP is the beneficiary.

No you being issued a K-1 visa will not affect anything in the future. There are limits and waivers required for the petitioner but none for the beneficiary.

Have you met this new woman in person? You did not mention it. You are going to marry this woman without ever meeting her in person? Be careful.

[masimo 0]

Thanks for your Answer but i am the beneficiary not the petitioner, i think the limitation is only for the US citizen petitioner not for the fiancé of other national who are named as the beneficiary.

[masimo 0]

The OP is the beneficiary.

No you being issued a K-1 visa will not affect anything in the future. There are limits and waivers required for the petitioner but none for the beneficiary.

Have you met this new woman in person? You did not mention it. You are going to marry this woman without ever meeting her in person? Be careful.

I met her in person and we spent a great full 10 days together and we will meet again next month for another time and maybe we will meet for like 3 to 4 time during the waiting period.

Edited June 12, 2009 by masimo

[JimVaPhuong 4,863]

As long as you didn't overstay your first visa then I think you're ok. Did you turn in the I-94 when you left the US?

[masimo 0]

As long as you didn't overstay your first visa then I think you're ok. Did you turn in the I-94 when you left the US?

Yes they took it at the airport when i was leaving

[Bobby+Umit 161]

As long as you didn't overstay your first visa then I think you're ok. Did you turn in the I-94 when you left the US?

Yes they took it at the airport when i was leaving

Your good to go then.

But - be prepared - come over on a two way ticket, they are usually cheaper than an one way, and you have a backup in case this one goes sour.

[Gary and Alla 3,694]

If you apply for a second K-1 visa within 2 years of a previously approved petition then you will have to request a waiver due to filing limitations under IMBRA. Its usually not a big deal and they are routinely granted.

It won't affect AOS and if you are willing to read the guides here on VJ you should not need a lawyer.

This is not correct.

The OP is not the US citizen and will not be filing the petition. That he had come on a K-1 before has no effect on the petitioning process. That rule applies to US citizens.

I can imagine there will be some questions about it at the interview, but the truth should be sufficient to handle that. This is in fact following exactly the procedure of the K1. He came, they did not get married, he left. He did nothing wrong and should have no problems other than some questions at the interview but I think his actions prove he was following the rules

I agree it was a bad decision on your fiancees part, especially if you gave up a job or something to be here. Good luck

[masimo 0]

Thank you all for your answers and support, i wish the best luck to everybody.

[Ladylethal 12]

I'd suggest that you do build strong proof of the ongoing relationship though, because since there was a K1 involved before even though it's routine they'll be double checking everything to make sure this is not an attempt for the GC through fraud.