Reapply for K1 (chances?)

[Faysheis 0]

Hi, guys!

I have a question about reapply for K1 visa. Hope you can give me some good answer.

I came to the USA on K1 visa this spring 2012 but we failed to get married. 90 days are over now but we still love each other, and dont want to be separated. I can stay in the USA till 3rd of August (thats the date written by US officer in my I94 card), so 1st of August I WILL SURELY leave the country, so I wont violate visa requirements and wont brEAK ANY OF US LAWS. The reason why we failed to get married is at first we were not sure, then we realized that YES, we are right for each other, but we got to know from the attorney that the prenuptial agreement is not ready (but the point is that we DID think and we were SAID its READY), some paper was missing, and at that time we were too close to the end of 90 days (like a week), so to make this paper and complete the prenup we had already no time. Without prenuptial agreement marriage is impossible in our situation. (he is rich and im not, so he doesnt want to take risk, it is understandable). So...now we want to reapply for k1. We didnt break any laws, any rules, any requirements. The question is...Do you think they will approve us the second time? Will we be alright? Will I get visa again?

Thank you!!!

[Cathi 5,684]

chances are not good. The k-1 visa is not a visa so you can come and get to know each other and see if you are right for each other. It's a visa to get married. Do you think they are going to believe that you will come here a second time and get married in the 90 days they give you when you didn't the first time? You said that you did not break any of the requirements of the visa. Really????? The MOST important requirement of the K1 visa is that you get married WITHIN the 90 days they give you, and you didn't

And they are not going to care that your pre-nup wasn't finished in time for your marriage, you had all the time while waiting for the visa to be approved to prepare it.

Edited July 8, 2012 by mimolicious

[Anh map 2,098]

Hi, guys!

I have a question about reapply for K1 visa. Hope you can give me some good answer.

I came to the USA on K1 visa this spring 2012 but we failed to get married. 90 days are over now but we still love each other, and dont want to be separated. I can stay in the USA till 3rd of August (thats the date written by US officer in my I94 card), so 1st of August I WILL SURELY leave the country, so I wont violate visa requirements and wont brEAK ANY OF US LAWS. The reason why we failed to get married is at first we were not sure, then we realized that YES, we are right for each other, but we got to know from the attorney that the prenuptial agreement is not ready (but the point is that we DID think and we were SAID its READY), some paper was missing, and at that time we were too close to the end of 90 days (like a week), so to make this paper and complete the prenup we had already no time. Without prenuptial agreement marriage is impossible in our situation. (he is rich and im not, so he doesnt want to take risk, it is understandable). So...now we want to reapply for k1. We didnt break any laws, any rules, any requirements. The question is...Do you think they will approve us the second time? Will we be alright? Will I get visa again?

Thank you!!!

The reason that you are not going to marry is because the prenup won't be complete in time? Kick the attorney (and your fiance) in the butt and get it done.

You can marry on August 2nd and be in compliance. A simple court marriage will do, then have the big party/celebration later.

If you stay and marry after the 90 days then you will have to do a spouse petition from inside the US. http://www.visajourney.com/content/i130guide2 No reason to do the whole K1 again.

[Penguin_ie 5,992]

Your fiance's lawyer had the 6+ months of the K1 petition/ visa, then 3 months while you were in the USA, and STILL doesn't have the pre-nup ready??? Fire the lawyer.

Anh map is correct- if you are SURE you two will get married, it will just take a few weeks longer, do not leave the USA. Instead, get married as soon as you can, even after the 3rd August, and then file Adjustment of Status as per the guide above.

[Tahoma 2,291]

If your fiancé is rich, he should be able to get a prenup in one day. Something doesn't smell right.

[Faysheis 0]

so the best way not to leave country, right?

[Mogambi 96]

Wait, what day did you enter the USA? Your I94 card would be dated 90 days from the day you enter. So you still have until the day before that day, to get married. So why are you saying you didn't get married in the 90 days? Your 90 days is not used up yet.

And yes, if your fiancé is claiming the prenup isn't ready yet, then something else is wrong. And yes, FIRE that attorney.

But you do know the 90 days starts the day you ENTER the USA right? Not the day your visa was issued back in your home country.

I'm thinking maybe you're unclear on that. So to be clear, please tell us the date you entered into the USA on your K1 visa.

[Anh map 2,098]

Wait, what day did you enter the USA? Your I94 card would be dated 90 days from the day you enter. So you still have until the day before that day, to get married. So why are you saying you didn't get married in the 90 days? Your 90 days is not used up yet.

And yes, if your fiancé is claiming the prenup isn't ready yet, then something else is wrong. And yes, FIRE that attorney.

But you do know the 90 days starts the day you ENTER the USA right? Not the day your visa was issued back in your home country.

I'm thinking maybe you're unclear on that. So to be clear, please tell us the date you entered into the USA on your K1 visa.

August 3rd is expiration date written on the I-94. OP has their facts straight.

[KayDeeCee 4,893]

Hi, guys!

I have a question about reapply for K1 visa. Hope you can give me some good answer.

I came to the USA on K1 visa this spring 2012 but we failed to get married. 90 days are over now but we still love each other, and dont want to be separated. I can stay in the USA till 3rd of August (thats the date written by US officer in my I94 card), so 1st of August I WILL SURELY leave the country, so I wont violate visa requirements and wont brEAK ANY OF US LAWS. The reason why we failed to get married is at first we were not sure, then we realized that YES, we are right for each other, but we got to know from the attorney that the prenuptial agreement is not ready (but the point is that we DID think and we were SAID its READY), some paper was missing, and at that time we were too close to the end of 90 days (like a week), so to make this paper and complete the prenup we had already no time. Without prenuptial agreement marriage is impossible in our situation. (he is rich and im not, so he doesnt want to take risk, it is understandable). So...now we want to reapply for k1. We didnt break any laws, any rules, any requirements. The question is...Do you think they will approve us the second time? Will we be alright? Will I get visa again?

Thank you!!!

I am confused on how the 90 days are past but your I-94 is still valid until August 3rd. When you enter with a K-1, the I-94 given is valid for 90 days, which is the time you have to marry, so that is why I am a confused by your dates. Your other post also said you already went past the 90 days to marry. What was the exact date you entered the US with your K-1 visa?

[William33 110]

OP: While you are now currently out of status (you agreed to marry your Fiance' within 90 days), you can still marry the petitioner and file AOS. We have seen this many times before on VJ, whereas a K-1 beneficiary exceeded the 90 days for marriage and was successful in capturing the AOS permanent residence card (green card). The key for the OP at this stage is to quickly resolve the prenup issue and get married. Being out of status is not the place to be...

The date of the I-94 expiration is not relevant to the K-1 requirement of marriage within 90 days.

[ddartt1 2]

Hi, guys!

I have a question about reapply for K1 visa. Hope you can give me some good answer.

I came to the USA on K1 visa this spring 2012 but we failed to get married. 90 days are over now but we still love each other, and dont want to be separated. I can stay in the USA till 3rd of August (thats the date written by US officer in my I94 card), so 1st of August I WILL SURELY leave the country, so I wont violate visa requirements and wont brEAK ANY OF US LAWS. The reason why we failed to get married is at first we were not sure, then we realized that YES, we are right for each other, but we got to know from the attorney that the prenuptial agreement is not ready (but the point is that we DID think and we were SAID its READY), some paper was missing, and at that time we were too close to the end of 90 days (like a week), so to make this paper and complete the prenup we had already no time. Without prenuptial agreement marriage is impossible in our situation. (he is rich and im not, so he doesnt want to take risk, it is understandable). So...now we want to reapply for k1. We didnt break any laws, any rules, any requirements. The question is...Do you think they will approve us the second time? Will we be alright? Will I get visa again?

Thank you!!!

I am also confused with your dates. You began by saying 90 days are over then you go on and say you can stay up to August 3rd? I don't get it. If you go back before the end of 90 days you might be able to come back.

[Malagasy 4]

It's possible the date on the OPs I-94 is incorrect.

The date on my SILs I-94 is a date that is 1 week prior to when her K1 visa was issued in Madagascar - seriously....

[aaron2020 11,651]

It's possible the date on the OPs I-94 is incorrect.

The date on my SILs I-94 is a date that is 1 week prior to when her K1 visa was issued in Madagascar - seriously....

It doesn't matter if the date on the I-94 is "incorrect." That is her allowable time in the US.

She came to the US in the spring. 90 days after seems like the fall.

Edited July 9, 2012 by aaron2020

[aaron2020 11,651]

I am also confused with your dates. You began by saying 90 days are over then you go on and say you can stay up to August 3rd? I don't get it. If you go back before the end of 90 days you might be able to come back.

She can't come back on the K-1 anyways. It is a single use visa. Anyone who gets marry on a K-1 and then leave without a green card or AP would be in the exact same position as her.

[thinkerlove0212 158]

The reason that you are not going to marry is because the prenup won't be complete in time? Kick the attorney (and your fiance) in the butt and get it done.

You can marry on August 2nd and be in compliance. A simple court marriage will do, then have the big party/celebration later.

If you stay and marry after the 90 days then you will have to do a spouse petition from inside the US. http://www.visajourn...tent/i130guide2 No reason to do the whole K1 again.