2nd K1 visa after 1st k1 marriage failed

[vjhelp 0]

I have applied for 1 K1 visa before almost 2 years ago and everything was legal and applied for AOS but withdrew my I864. My ex spouse is still living int he USA and not left. There was no abuse or any arrests or any trouble, convictions with the law or any authorities.

Is it a good idea to take the K1 VISA route?

Will they make the 2nd fiance visa difficult because of 1st spouse still in usa or will they ask me her status? I have no idea of what her legal immigration status is.

Edited February 10, 2013 by vjhelp

[Villanelle 4,122]

You are certainly entitled to another K1 visa but if your former spouse is still in the US and didnt AOS through you it means she is either here illegally (which is unlikely) or she filed a VAWA claim.

A VAWA claim is not going to stop you from filing another K1 or a CR1. They cant deny you based on that, but they will see it and probably question your fiance/new spouse about the previous marriage a little more then they would normally.

From their POV something funky went down in the last marriage and they want to make sure the new spouse/potential spouse is aware there is an old spouse out there. (they cant say- there was a VAWA claim- but they can ask a line of uncomfortable questions about the ex-spouse- how long were they married, where was (Im gonna go with 'she') she from? why did she leave him? where is she now? do you know how long they were engaged before they wed? things like that...)

As long as your new fiance is aware and prepared for a potential tough interview with uncomfortable questions, and you have solid evidence of your present relationship youll be fine.

Because youre not going to be denied for having a previous K1 or because your previous spouse filed a VAWA, but you can be denied if your new fiance is sitting there like what in the world are you talking about? They were married before? I know nothing about his past- we never discussed it.

[vjhelp 0]

Is there a need to mention in I-129 F visa application that the previous marriage did not work out and also I found out that the true intention of spouse was to marry for green card. I gracefully left the relationship and withdrew the I864 petition.

Is two year time from the date I applied my last K-1 petition or the date USCIS accepted the I-129F petition or is it the date embassy issued the K1 visa?

Edited February 10, 2013 by vjhelp

[Penguin_ie 5,993]

They will know you petitioned before so yes, I would mention it in the cover letter even if two years have passed. No need to go into detail, but a short explanation of why the marriage failed together with what you did different this time. Also make sure you have a ton of bonafide relationship evidence, including visits, because it is a red flag to petition two women, especially in a relatively short time. Thirdly, make sure current fiance knows all about the ex, as she will be asked about the situation at interview.

[vjhelp 0]

I'm getting confused on how to calculate if 2 year's have passed from my last k1 application. What date should I use the first NOA was received, or the date USCIS approved the petition, or the date ex spouse was issued the K1 visa?

Edited February 10, 2013 by vjhelp

[LORIEandPHIL 123]

I'm getting confused on how to calculate if 2 year's have passed from my last k1 application. What date should I use the first NOA was received, or the date USCIS approved the petition, or the date ex spouse was issued the K1 visa?

So you applied for a K1, got married, separated, divorced. and are now in love with another woman. You must have travelled to meet her, in order to qualify for a K1. And you would like to get her to the USA, and marry her. And all within two years? There are a few red flags there! I think its two years between applications, so you will need to wait a bit longer.

[vjhelp 0]

So you applied for a K1, got married, separated, divorced. and are now in love with another woman. You must have travelled to meet her, in order to qualify for a K1. And you would like to get her to the USA, and marry her. And all within two years? There are a few red flags there! I think its two years between applications, so you will need to wait a bit longer.

I haven't met her yet, just speaking to her on skype. Our marriage broke up withen few months of her arriving in USA so filed seperation and divorce. Should I consult a lawyer or forget about knowing someone overseas since I applied for 1 k1 petition?

[vjhelp 0]

My goal is that I was honest in first K1 visa application and learned a lession. Now I am being careful, and if I have to go this route I want to make sure I take the right steps. Proof of relationship, visits, and time spend, wait 2 years in between K1 application.

Is it much safer to marry her outside USA and then sponsor her?

[LORIEandPHIL 123]

I haven't met her yet, just speaking to her on skype. Our marriage broke up withen few months of her arriving in USA so filed seperation and divorce. Should I consult a lawyer or forget about knowing someone overseas since I applied for 1 k1 petition?

Meet her as often as you can, and take your time. Both visas have their merits. I'm only going the K1 route because I have an 18 year old son. If I had a choice then I would have got married first and gone that way. It's the cheaper option and I could work on entry to USA.

[Villanelle 4,122]

Well wait a minute now, There is absolutely no requirement that is has to be two years between applications.

There is a requirement that you have to meet in person with in two years prior to filing the petition.

What is troubling is the OP stating- I had a previous marriage to a person I met long distance. It was 'rushed' and it broke down shortly after her arrival in the US. I learned my lesson and am not going to repeat my mistake. Yet here you are OP- posting about how you are seeking to file a K1 visa petition for a woman that you have only been talking to on Skype but have NOT YET MET IN PERSON!!!

Read it out loud. Twice if you must.

[LORIEandPHIL 123]

Well wait a minute now, There is absolutely no requirement that is has to be two years between applications.

There is a requirement that you have to meet in person with in two years prior to filing the petition.

What is troubling is the OP stating- I had a previous marriage to a person I met long distance. It was 'rushed' and it broke down shortly after her arrival in the US. I learned my lesson and am not going to repeat my mistake. Yet here you are OP- posting about how you are seeking to file a K1 visa petition for a woman that you have only been talking to on Skype but have NOT YET MET IN PERSON!!!

Read it out loud. Twice if you must.

Congress passed new rules effective March 5, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiance.

[vjhelp 0]

yes I totally understand that I have to meet and establish a relationship before I apply. I am just gathering facts so I can better prepare myself before I commit myself into a relationship.

I'm just trying to find if my relationship succeeds what steps I will take to apply for k1 visa. Trying to be proactive i.e if we end up liking each other after meeting in real life.

[LSnBigBear 61]

We just passed the interview with no issues last week. This is my second petiton. I never married the first and tried to break it off in early 2008 before her interview. The snake she was she ended up coming to USA on my sponsorship without me knowing it until she after arrived. I never saw her or had anything to do with her. I thought due to this I would endure a lot of issues. I was honest on the 129f and all thoughout the process. During her interview the filipina that did my fiancee's interview last week asked "who is Name of my ex fiancee". Carmela said that is Shawn's ex fiancee from 2007 petition that he broke off in 2008 prior to her coming to USA. That was it on the questions about my past.

You should be okay. Be honest thoughout.

Good luck

[Moomin 292]

Congress passed new rules effective March 5, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiance.

No. There is a waiver available. Read I129F general instructions, first page.

[LORIEandPHIL 123]

No. There is a waiver available. Read I129F general instructions, first page.

I already knew there was a waiver available, and I have read all the guides. Just because there is a waiver does not make my post incorrect It just shows there can be a way around the two year wait.I think the OP. should wait the two years, especially as they have yet to meet.