Applying for K1 for the second time - Same Fiancee

[phoenician 1]

Hi:

On February last year, I applied for a K1 for my fiancée and her two daughters (7 and 18). The visas were approved and past December, she came to the U.S. with her two daughters but due to family reasons, she had to return to her country (Colombia); thus, we could not complete the process of marrying; however, we are still engaged and wanted to move forward to marry and live together.

We are in doubt of what steps to take to make things right. The first option we thought of was that I would go back to Colombia, get married, and thereafter, begin the process of her I-130 as spouse. However, this path would preclude us from including her older daughter in the application because she is now 18 and she would not qualify to be in my original petition.

The second option is to file again for a K1 visa so she could, for the second time, come back to the U.S. so we can get married and proceed with the adjustment of status after the ceremony. This approach would allow us to include her oldest daughter, as she would still over 18 but less than 21.

Nonetheless, our concern is that a second K1 could be denied due to the IMBRA statements detailed in page two of the K1 application instructions. BTW, we do not meet neither entered into an engagement agreement through any matchmaking services.

Please advise!

Ed

[Ryan H 3,812]

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[KayDeeCee 4,893]

All you need to do is include a statement explaining the situation and asking for a waiver and supply any supporting evidence that proves why she needed to leave before you could marry, if you want to file for another K-1. You probably would have no problem getting the second petition approved considering it is for the same person. People get approved all the time filing for different fiance(e)s.