Using K-1 Visa again for the second time, please I need some infos

[colcol1986 0]

Hi. I need an information please. Here's my concern. I went to the US in California last year for a K-1 Visa. Arrived there June 14, 2012. My petitioner which is my fiance wasn't able to marry me because he did something wrong in the middle of my visa processing which is impossible for him to marry me. My visa expired September 11, 2012 but I overstayed like around 100 days before I went back here in Cebu City Philippines. I arrived here December 20, 2012.

I have read some legal articles online that if I overstayed less than 180 days in the US since my visa expires, I won't have any trouble in applying a visa again. Is it true?

We reconciled, me and my fiance, and we want to do the processing again. Is it possible for me to get a K-1 visa again, with the same petitioner?

Can he still petition me while it was his fault why he couldn't marry me there? (he married someone in the middle of the processing of my visa, but still continued the processing on that time, so that i could still be there with him. Crazy love. But when I arrived there, he was filing a divorce for her already and now the divorced is finalize.)

Please I need some answers.

[loughrey101 13]

If he married someone while you were processing your K1 then your biggest concern should be whether he respects you and has your best interests in mind. That would obviously raise a red flag for the visa authorities because it might indicate that the petition was not a genuine one on his part to begin with. You will have to state in the forms that you previously applied for the K1 visa and the reasons behind it and why you are applying for another one. I would seek an attorney in this case because that might be quite complicated.

[lost_at_sea 995]

Technically, there's no reason why you cannot start a new I-129f and K1 process. You'll need to declare the past petition where requested and he'll have to now include information on his ex-wife (and divorce decree).

You may find it more difficult this time around to get your K1, however, as your case sound somewhat... odd... and may appear quite red-flag-ish.

[colcol1986 0]

If he married someone while you were processing your K1 then your biggest concern should be whether he respects you and has your best interests in mind. That would obviously raise a red flag for the visa authorities because it might indicate that the petition was not a genuine one on his part to begin with. You will have to state in the forms that you previously applied for the K1 visa and the reasons behind it and why you are applying for another one. I would seek an attorney in this case because that might be quite complicated.

Yes you are really right. I have been really thinking about that and that is why I haven't talked to him for a few months since I arrived here in Cebu because i have been faithful to him and been waiting to be with him once the visa approved. But I was thinking too that I think each one of us deserve to have second chance but on the other hand, I was also thinking if I should let go of him. It's just even though he did that to me but it's just he never hurted me physically or shouted at me. I hope God will also give me some signal if he's genuine this time or not.. But i can't really also fool my heart.

[colcol1986 0]

Technically, there's no reason why you cannot start a new I-129f and K1 process. You'll need to declare the past petition where requested and he'll have to now include information on his ex-wife (and divorce decree).

You may find it more difficult this time around to get your K1, however, as your case sound somewhat... odd... and may appear quite red-flag-ish.

Thank you for the information. Yes it would be difficult I guess. And I think I'll have to accept that I should move on. Thank you so much.

[loughrey101 13]

Yes you are really right. I have been really thinking about that and that is why I haven't talked to him for a few months since I arrived here in Cebu because i have been faithful to him and been waiting to be with him once the visa approved. But I was thinking too that I think each one of us deserve to have second chance but on the other hand, I was also thinking if I should let go of him. It's just even though he did that to me but it's just he never hurted me physically or shouted at me. I hope God will also give me some signal if he's genuine this time or not.. But i can't really also fool my heart.

I'm really sorry that everything had to work out that way for you. I hope this time around everything happens as it should and that you can be happy with whatever choice you make. I also appreciate your honesty and openness with this forum.

[colcol1986 0]

I'm really sorry that everything had to work out that way for you. I hope this time around everything happens as it should and that you can be happy with whatever choice you make. I also appreciate your honesty and openness with this forum.

Thank you so much for saying that. It's been 6 months already but i couldnt still forget what had happened and still can't believe that it happened to me. But it's hard to fool my heart and convincing that I should move on and forget him and find someone deserving. Maybe if there's someone will frankly advice me to open my eyes heheeh. I was gonna ask your real opinion and to people here in this forum but maybe someone will tell me here that this forum is not the right place for me to post it hehe

[SoCalMark 49]

We have done almost the same thing - she was here on K1 and then left because her papa became very ill. I went back to the Philippines ... we got married and we just refilled as I-130. Everything is legitimate and we hope to get reapproved soon.

[LongRX7 6]

colcol1986, move on. If he couldn't wait for you, then he isn't worth it. Starting a new life off on an issue like that will just make it worse. You'll always have that in the back of your mind and he'll always know that you will forgive/allow him to make that mistake. Sometimes you can't follow your heart. Sometimes, you have to follow your mind. Take a step back from your situation and think what you would tell your friend or your sister if they were in the same situation as yourself??? He's not worth it...

[Eric-Pris 1,607]

OP,

Here's some unsolicited, free advice. If he couldn't keep it in his pants even before you arrived, marrying this loser would be a huge mistake. If you do, you'll be on here within 6 months of returning to the US asking for advice about divorce and getting a green card by yourself, or under WAVA. Sometimes people just want to come to the US and are willing to do just about anything and put up with a bad situation, don't be one of them.

[colcol1986 0]

Thank you guys for all the advice. That helped me a lot to move on because no matter how much i love him still but to just think about what had happened, and not even received a sincere apology from him, like he just want me to automatically forget everything... and what hurts most is even we back chatting again these days, but i can feel that he continue being a different person compare before, when i met him the first time. I just don't understand him because i was begging him to tell me that he don't love me anymore but he just can't and for me hearing it from his mouth that he don't love me anymore, it will help me to move on but he don't wanna say it. He still love me as what he said but i think he's just fooling me and you right guys, HE'S NOT WORTH FOR ME.

By the way, i am still open for more advices. Please feel free to post here.