Second K-1 Visa

[visawandering 1]

I have been talking to a filipina online for several years. Getting together/eventual marriage was only discussed as a possibility. She decided to marry another man and told me of this. I accepted the situation although her marriage was primarily for stability. I am student, he makes a very good living. Also, I have yet to get the money to see her in person as well. Although she had many reservations about the marriage, she came here to follow through with it. He did not show up to the airport when she arrived and was unavailable by phone. She called the only other person she knew in the country and I flew out to pick her up. She has been staying with me and decided not to marry the other guy. We have started dating. As long as things continue to go well, I believe we would like to get married. She will be leaving before her 90 days is up on her K-1 visa. My quesiton is about the possibility of myself applying for a second K-1 visa for her once she returns. Is this possible? Are there any actual examples of this being successful? Is there an issue with her deciding so quickly that he was not the right man for her, even though his behavior may have justified it. I feel like our meeting in person while she is on another person's K-1 will be a problem. Should I wait a specific amount of time to file the K-1 or will I be successful filing it immediately? Her first K-1 was filed in June of 2010. Should we reveal our prior relationship in our application or claim we met for the first time while she was here? I realize I have asked a lot of questions. Thank you in advance for your help.

Edited January 8, 2011 by superlloyd

[Zharren Young 32]

hmmmm...kindna weird. why would someone spent all that money and time filing a K1 for someone and not show up at the airport when the most awaited time arrived???

anyhow, as i have been reading this forum for quite awhile this story might raise a red flag when the second K1 petition accurs. but who knows, if you really love her then maybe its worth a try.

[Minya's wife 25]

If she returns before the 90 days allotted on her I-94, and she hasn't overstayed any other US visa, there should be no impediment to her receiving a second K-1 visa. By meeting, however unusual the circumstances, you have satisfied the meeting within two years of filing requirement of the I129F (the K-1) visa petition...so that OK as well. At the time of her second visa interview, there may be some scrutiny (questions asked) about the previous visa, which she should answer truthfully, but that should be no reason to for denial.

[Jon and Krissy 452]

Why not just marry her while she is here, not have her go back, and adjust status? As long as you are both completely honest about how things transpired, I think it will work out....

[JNL 13]

Why not just marry her while she is here, not have her go back, and adjust status? As long as you are both completely honest about how things transpired, I think it will work out....

She can not adjust status from K-1 if she does not marry the petitioner. She would have to exit still even if they were to marry here but could file for CR-1 visa though.

[Zharren Young 32]

Why not just marry her while she is here, not have her go back, and adjust status? As long as you are both completely honest about how things transpired, I think it will work out....

but she came on someone else's K1 visa? i read that that is not possible for AOS. her going back is the safest route. although i know a few friends of mine who did tourist and got married & did AOS inspite of most people say that its an immigration fraud, it did worked out for them. but this case is different coz the she came in for K1 and AOS can only be done with the original petitioner. well someone can correct me if im wrong

[George & Gina 29]

I have been talking to a filipina online for several years. Getting together/eventual marriage was only discussed as a possibility. She decided to marry another man and told me of this. I accepted the situation although her marriage was primarily for stability. I am student, he makes a very good living. Also, I have yet to get the money to see her in person as well. Although she had many reservations about the marriage, she came here to follow through with it. He did not show up to the airport when she arrived and was unavailable by phone. She called the only other person she knew in the country and I flew out to pick her up. She has been staying with me and decided not to marry the other guy. We have started dating. As long as things continue to go well, I believe we would like to get married. She will be leaving before her 90 days is up on her K-1 visa. My quesiton is about the possibility of myself applying for a second K-1 visa for her once she returns. Is this possible? Are there any actual examples of this being successful? Is there an issue with her deciding so quickly that he was not the right man for her, even though his behavior may have justified it. I feel like our meeting in person while she is on another person's K-1 will be a problem. Should I wait a specific amount of time to file the K-1 or will I be successful filing it immediately? Her first K-1 was filed in June of 2010. Should we reveal our prior relationship in our application or claim we met for the first time while she was here? I realize I have asked a lot of questions. Thank you in advance for your help.

Wow!

If you haven't done so already, you and her need to sit down and have a long heart-to-heart discussion about what you both want for the future. A number of scenarios come to mind when I read your little story.

1) Are you sure that the guy didn't try to pick her up at the airport and that she couldn't contact him. It occurs to me that she may have just used him so that she could get to where you are. Possible?

2) Let's say it's true and he didn't show and wasn't available by phone. She "kicked you tot he curb" so that she could marry this other guy for financial stability. Who's to say that she wont do this again?

With that said, I'm an optimist (for right now) and sincerely hope you two actually have a connection going on. I would be very concerned about how USCIS/Consulate/etc. will look at you relationship and her previous K-1.

This is my personal opinion of what I would probably do only. I'd probably get married and go the IR1/CR1 route for the visa. Get a couple of visits to the Philippines under you belt prior to applying and be sure that I accumulate tons of evidence to prove a valid married relationship. Of course, real life finances,etc. often get in the way of being able to do things exactly the way we would like to.

Good luck.

George

[visawandering 1]

Wow!

If you haven't done so already, you and her need to sit down and have a long heart-to-heart discussion about what you both want for the future. A number of scenarios come to mind when I read your little story.

1) Are you sure that the guy didn't try to pick her up at the airport and that she couldn't contact him. It occurs to me that she may have just used him so that she could get to where you are. Possible?

2) Let's say it's true and he didn't show and wasn't available by phone. She "kicked you tot he curb" so that she could marry this other guy for financial stability. Who's to say that she wont do this again?

With that said, I'm an optimist (for right now) and sincerely hope you two actually have a connection going on. I would be very concerned about how USCIS/Consulate/etc. will look at you relationship and her previous K-1.

This is my personal opinion of what I would probably do only. I'd probably get married and go the IR1/CR1 route for the visa. Get a couple of visits to the Philippines under you belt prior to applying and be sure that I accumulate tons of evidence to prove a valid married relationship. Of course, real life finances,etc. often get in the way of being able to do things exactly the way we would like to.

Good luck.

George

I am sure that is what he has done. Although I do not wish to get into the messy details, he admitted this. She did not "kick me to the curb", we were not at the point in our relationship. She wished to continue our relationship but she was under tremendous familial pressure to marry him. She was willing to refuse her family and wait for me. I gave my blessing for her to marry him.

I have talked to several lawyers who said that getting married while she is here on another's K-1 will cause an immediate fraud investigation when we file a CR-1.

I know that getting a second K-1 is not too difficult. I am more concerned with explaining our relationship and nature of meeting to their satisfaction, as well as whether or not I should allow a specific amount of time to pass before we file for the second K-1.

Edited January 8, 2011 by superlloyd

[Maxx121 14]

seems like she just used the other guy to get here and meet you.

[visawandering 1]

seems like she just used the other guy to get here and meet you.

that is, unless you read what i wrote...

[George & Gina 29]

I am sure that is what he has done. Although I do not wish to get into the messy details, he admitted this. She did not "kick me to the curb", we were not at the point in our relationship. She wished to continue our relationship but she was under tremendous familial pressure to marry him. She was willing to refuse her family and wait for me. I gave my blessing for her to marry him.

I have talked to several lawyers who said that getting married while she is here on another's K-1 will cause an immediate fraud investigation when we file a CR-1.

I know that getting a second K-1 is not too difficult. I am more concerned with explaining our relationship and nature of meeting to their satisfaction, as well as whether or not I should allow a specific amount of time to pass before we file for the second K-1.

Good to hear that you got his confirmation. It's very difficult to "judge" when, like you say, I don't know the entire situation. My two previous points were only made because I can assure you, that's what a lot of people will be thinking, including the CO for any future visas. Since it doesn't seem advisable for you and her to get married while she's in the U.S., what's the possibility of visiting her in the Philippines? I know for most it can be very cost prohibitive.

You have my sincere best wishes.

George

[visawandering 1]

Good to hear that you got his confirmation. It's very difficult to "judge" when, like you say, I don't know the entire situation. My two previous points were only made because I can assure you, that's what a lot of people will be thinking, including the CO for any future visas. Since it doesn't seem advisable for you and her to get married while she's in the U.S., what's the possibility of visiting her in the Philippines? I know for most it can be very cost prohibitive.

You have my sincere best wishes.

George

I would be unable to visit until next January.

[JimVaPhuong 4,863]

You have met the requirements to file an I-129F petition. Presuming you handle the paperwork properly, there's no reason the petition would not be approved. I think the situation will be far different at the US Embassy in Manila.

Honestly, based on what you've said so far, I don't think her chances of getting another K1 are very good at this point. If you and her explain the situation with the first K1 truthfully then it will be painfully obvious to the consular officer that she used the first petitioner to better her financial position for herself and her family. The first petitioner's actions would seem to confirm that he found out about her ulterior motive. I wouldn't be at all surprised if the consulate's Fraud Prevention Unit gave him a call and asked about what happened.

The reality of the situation is that she would have followed through and married this guy if he had shown up at the airport, just so she could get a green card and some financial security. This is the precise scenario they suspect when they investigate a relationship for potential fraud. They are almost certainly going to suspect that she's using you as her backup plan.

My recommendation is to give this relationship plenty of time to develop. If you start the immigration process before you've had a chance to collect a massive amount of evidence of a solid relationship then I believe you are almost certain to be denied a visa.

[Richie Rich 70]

From what I have read --I think (and correct me if I am wrong ) she is using u guys both . She is playing the field .She may have used the guy to get a visa to come here , then used you as a ticket to get settled and then moved on . I think the whole scheme smells ''fishy'' and quacks like a duck .To my knowledge --her fiancee can get her deported if she changes her mind about marrying him unless she voluntary goes back home within the 90 days . I think she will get a hard time the next time around at her interview (if you file for her ) . Get some good legal advise before becoming another ''sucker''. Good luck .

[George & Gina 29]

You have met the requirements to file an I-129F petition. Presuming you handle the paperwork properly, there's no reason the petition would not be approved. I think the situation will be far different at the US Embassy in Manila.

Honestly, based on what you've said so far, I don't think her chances of getting another K1 are very good at this point. If you and her explain the situation with the first K1 truthfully then it will be painfully obvious to the consular officer that she used the first petitioner to better her financial position for herself and her family. The first petitioner's actions would seem to confirm that he found out about her ulterior motive. I wouldn't be at all surprised if the consulate's Fraud Prevention Unit gave him a call and asked about what happened.

The reality of the situation is that she would have followed through and married this guy if he had shown up at the airport, just so she could get a green card and some financial security. This is the precise scenario they suspect when they investigate a relationship for potential fraud. They are almost certainly going to suspect that she's using you as her backup plan.

My recommendation is to give this relationship plenty of time to develop. If you start the immigration process before you've had a chance to collect a massive amount of evidence of a solid relationship then I believe you are almost certain to be denied a visa.

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