Can we get approved a 2nd K1 for same fiancé?

[S&AA 1]

Hi everybody-

We need of your view about our situation because we still wait NOA2 for a second application of visa K1 (NOA1: 30 Nov 09), we have a son 9 months old and we wonder if our second case will be approved or denied regarding our crazy story :

Last year, our first visa K1 got approved on 7 July 2009 (pétition sent 25 Oct 08 > NOA2 30 March 09). Unfortunately, I missed the birth of my son who was born in June 09 then my interview took place in July 09. So, I went to join my fiancée to the US the 17th of July 2009. At the same day while I was boarding on flight, my bank called me because they saw some suspicious spending on my bank account made in the US but I was physically in France. Once arrived in the US, I emailed my bank to stop my credit card and I realized that someone really used my credit card number. My bank reassured me by telling me they will stop my credit card and refund me all the lost money. One week later, I found someone in the US was continuing to use my credit card number and that my bank have not stopped my credit card like they told me before! Later, my fiancée, her parents and I left to Ohio to visit family to celebrat our son and my arrival in the US. Third week when we came back home, my credit card had still not been stopped and my bank required me I go to complain to a French police station to solve the problem!!! My bank left me think it was me who usued my credit card in the US then I never used it since 17 July 09! So, I was so scared to lose all the money I saved for my new life in the US that I came back to France in emergency after only 3 weeks in the US, to solve the problem. Once in France, I went to police station and I closed the case with my bank.

Aie aie aie, what mistake I did to leave the US after visa K1 used... Even if we had not the time to get married, we realized too late that visa K1 is only one time using. Then I asked to US embassy at Paris if possible to revalidate my K1 regarding the circumstances, and they did the 17th of Sept 09, but the date of expiration was 15th of Oct 09, a little short to get married...

Unfortunately the worse was comming up... Before end of August 09, my fiancée was rumored about a lay-off plan on her company and in Sept 09 her boss told her position is killed and must be transfered to Canada before end of 2009 :-( So without of job and money of my fiancée, a baby to take care and a lot of things I must continue to pay in France (taxes, loan and alimony for my daughter 14 years old), our life in the US was reasonably not possible. Then we took the unbearable decision I remains France and to do not get married before my fiancée find a new job in the US, because I can get generous unemployment insurance in France, so enough to send money to my fiancée for our son until we find an other solution. Then she mailed to USCIS we didn't get married and I will remain France. We would have wanted my fiancée come to France but she doesn't speak French, cannot sell her apartment because real estate market is still bad in the US so she must continue to pay the mortgage, our son is too young yet and I live as roommate in France... So, France option not possible yet. In Oct 09, the company of my fiancée told her she may keep in the company if she is able to find an other position by herself, then she fought to get interviews in other departments of the company. Time spent... and my revalidated K1 expired on 15th of Oct 09. Later, my fiancée could get interview with a manager of an other department for a new position and she got again hope to keep the company. Then we contacted USCIS, DOS and US embassy to know is something was possible I get US again quickly, but it was too late and the US embassy at Paris told us they are happy to know we are not married yet after revalidation of first visa K1 and told us that we must re-apply now :-( What we did in November by filling a new petition with a waiver letter about the situation, so we got NOA1 for this second K1 application on 30 Nov 09. I went to visit my fiancée and my son to the US from X-Mas to 31 January 2010 because I had no job yet in France at this time. Of course I had some problem at the airport at NYC because I wanted to enter to the US as visitor with my waiver passport and a visa K1 expired from 15 Oct 09! So, after a lot of questions from CBO at the second check point, they told me : "ok you can enter to visit your family because it's X-Mas but your new application for a second visa K1 is denied now, you wasted your time and money, you must re-apply again once you will be back to France. If you want later come back to the US to visit your family, you must ask a visitor visa to US embassy at Paris"... I was happy to enter for X-Mas but I was collapsed and confused about what the CBO told me... Once got my fiancée at airport, she asked to an other officer on place out of the CBO offices, why her colleague told me our new application will be denied. The woman told us to don't worry and it should be ok, just my case has a different status. Once at home, my fiancée called VSC number and they told her our application is still pending and not denied because I came to the US as visitor.

On the middle of January 2010, good new, my fiancée has been confirmed on her new position for the same company. So, obviously we are frustated now because we have realized we could take the risk I come back to the US before the expiration of my first K1, 15th October... Then, I see grew up my son by skype, too hard :-(

So, we still have no news since my last stay in the US in January 2010. I could get a new job in France one week ago. Now we see the December and January filler's get approved, we are very stressed. We wonder if VSC is overloaded like last year, or if it's because our case is complicated to process for USCIS and may be denied :-( Our first K1 process took more than 8 months and I remember that US embassy at Paris received our case almost 2 months after the letter of NVC (30 March 09)! For information, my fiancée divorced in August 08 (after 2 years of process at courthouse) and has been accused of domestic violence by her last boyfriend who abused of her in 2007. She lived with him while the divorce process with her ex-husband. Then I wondered if its life part of my fiancée can bother USCIS or simply the fact we applied a second K1 one month later the expiration of my first K1? My fiancée thought our case would have been processed faster than last year because VSC already know us, but it seems that is the opposite situation :-(

So, do you think we can get approved a second time? What do you think of our situation?

Thank you in advance to insight us

[Otto 83]

So, do you think we can get approved a second time? What do you think of our situation?

Your (new) petition shouldn't take any longer than it would for anyone else to get adjudicated - according to your timeline, that should be any time now. Whether you get approved or not, really depends on the evidence you submitted.

I would think the USCIS stage should be the easier of the two hurdles. The Embassy in Paris might look at you a little cross-eyed when you get to your interview (it might seem like Déjà vu to them -no pun intended), but I've seen where couples have been approved a second time, no reason to think you guys wouldn't be either.

I'd be prepared to answer the "Are you really going to marry this person, this time?" question though.

[S&AA 1]

Thank you for your answer. We have a lot of evidences to show them, a press topic about the lay-off plan in her company, the letter of her company which confirm the new position, police record about my complaint, new photos of our couple with our son from last X-Mas and January, the certificat of birth of my son with our name, etc.

You are right, Embassy at Paris is probably going to see me a little cross-eyed and ask me if I really want to marry my fiancée LOL!!! So, my fiancée and I wait for NVC send our case to Paris before to book our wedding place and an official person to process our marriage because we know how long time it takes with ¨Paris until interview. We already have our rings with the invoice. Once our wedding place booked, I may show it to the Embassy for the interview.

Hopefully

Your (new) petition shouldn't take any longer than it would for anyone else to get adjudicated - according to your timeline, that should be any time now. Whether you get approved or not, really depends on the evidence you submitted.

I would think the USCIS stage should be the easier of the two hurdles. The Embassy in Paris might look at you a little cross-eyed when you get to your interview (it might seem like Déjà vu to them -no pun intended), but I've seen where couples have been approved a second time, no reason to think you guys wouldn't be either.

I'd be prepared to answer the "Are you really going to marry this person, this time?" question though.