Filing K1 application a second time for the same person

[simonz 0]

Some background on original K1 VISA:

Completed the entire process with no problems within 7 months (Initial I-129F filing to final K1 Visa issued).

Fiancee came to the US, but went back to Philippines within the 90 day window to get married; we did not get married or start any other paperwork after her POE to the US.

New development:

She now wants to come back to the US. If she would have stayed in the US, the 90 day window would still be valid.

Since she left before the 90 day Visa expired, but now wants to come back, i have the following questions:

- Do I have to start the I-129F application from the beginning?

- How about the Medical Screening and the Embassy Interview after getting the NOA2?

- Would she have to redo that process again with the Manila Embassy and ST. Luke's Medical even though it was completed less than a year ago?

Thank you for your help.

[Lucky2Lucky 2,526]

You two would have had to get married within 90 days in the United States...why did she leave the US to get married? Doesn't make sense. K1 is a one-time entrance in the US, everything is no longer valid.

[Pheebs1201 269]

If you are still within the 90 day period you may be able to get the visa re-issued. Did she have a very good reason for leaving?

Otherwise yes I believe you need to start from scratch. More experienced VJ members will be able to advise...

[YamenWaad 45]

it's one eatery visa

[TheCaptain 67]

The K1 Visa is a single entry visa. If she entered the country and left before any AOS paperwork was processed then the visa is now invalid. The entire process will need to be started again.

The medical will also need to be completed again as it was allocated to the previous visa.

They will also be required to re-attend the consulate for another interview.

[Mike-eeh and Odie 193]

Be prepared for the USCIS & C.O. to scrutinize the second application.

[Pitaya 2,577]

Welcome to the forum.

The K1 visa is a one-time one-way visa. It is null and void once the beneficiary arrives, and is processed, at their US POE. To properly complete the K1 visa process, the beneficiary has to arrive in the US and marry their USC petitioner within 90 days of US arrival, and then start the adjustment of status (AOS) process. If the beneficiary does not marry the petitioner within 90 days, and leaves the country, the K1 visa process is ended. If you want to petition for another K1 visa for the same person, you will start all over at the beginning. Additionally, you will likely get increased scrutiny since the two of you failed to live up to the commitment each of you made to USCIS with your initial K1 letters of intent, and other assorted petition/applications signed certifications.

Good luck on your immigration journey.

[Darnell 8,479]

Some background on original K1 VISA:

Completed the entire process with no problems within 7 months (Initial I-129F filing to final K1 Visa issued).

Fiancee came to the US, but went back to Philippines within the 90 day window to get married; we did not get married or start any other paperwork after her POE to the US.

New development:

She now wants to come back to the US. If she would have stayed in the US, the 90 day window would still be valid.

Since she left before the 90 day Visa expired, but now wants to come back, i have the following questions:

- Do I have to start the I-129F application from the beginning?

- How about the Medical Screening and the Embassy Interview after getting the NOA2?

- Would she have to redo that process again with the Manila Embassy and ST. Luke's Medical even though it was completed less than a year ago?

Thank you for your help.

Based on your timeline (thanks for posting it, btw)

you might have a shot for her to get the VISA revalidated at the IV Unit in Manila.

Maybe.

But - must be proactive - go in on Tuesday, begging the guard to let her in to handle a K-1 visa revalidation.

IMO, it's worth the shot.

[YamenWaad 45]

you need to start again

[raven52 233]

You have NOT said why she went back to Phils..,., is this worth pursuing again? Be sure, but what ever you do, do not ever get married in the Philippines, as you are married forever, no such thing as divorce, only annulment, and one party must be shown to be mentally ill, at the time of marriage to get an annulment., I know been there, done that!

You are back to square one! And under VERY high 'risk' as far as all agencies look at your petition.

There is a lot more you could tell us, about WHY she went back, before getting married, get the EAD/AP which is a few months, this is a real problem, and probably something you do not deserve.

Just never get married in the Phils..,..,.,.,unless you want to be married for life, some do, if it is for them.,.,so be it.,.some people do not understand that. Annulment is 3-5 years, if at all, and thousands of dollars! Your chances is 30% to get it, free and clear! Been there, done that!

[Apero 3]

just file again.........advantage is that you are filling for the same person.....you gonna be okay

i have a friend who was in the same situation....fiancee went back before getting married.....they refilled and it got approved pretty quick and she has her interview in Nigeria in mid January.......

so just file again

[Hotter Otter 1,211]

Just never get married in the Phils..,..,.,.,unless you want to be married for life, some do, if it is for them.,.,so be it.,.some people do not understand that. Annulment is 3-5 years, if at all, and thousands of dollars! Your chances is 30% to get it, free and clear! Been there, done that!

Call me old fashioned but don't most people want to be married for life when they get married?! I know I did on my wedding day and still do!

Edited December 2, 2014 by Hotter Otter

[Caryh 5,206]

You have NOT said why she went back to Phils..,., is this worth pursuing again? Be sure, but what ever you do, do not ever get married in the Philippines, as you are married forever, no such thing as divorce, only annulment, and one party must be shown to be mentally ill, at the time of marriage to get an annulment., I know been there, done that!

You are back to square one! And under VERY high 'risk' as far as all agencies look at your petition.

There is a lot more you could tell us, about WHY she went back, before getting married, get the EAD/AP which is a few months, this is a real problem, and probably something you do not deserve.

Just never get married in the Phils..,..,.,.,unless you want to be married for life, some do, if it is for them.,.,so be it.,.some people do not understand that. Annulment is 3-5 years, if at all, and thousands of dollars! Your chances is 30% to get it, free and clear! Been there, done that!

This is incorrect information based on your complete lack of understanding of the Philippine Family Code. Only two Philippine citizens that get married are married for life with only annulment as an option to end the marriage, and that marriage is only valid in the Philippines should they obtain a divorce in another country. This in no way binds citizens in other countries. It also does not matter if two Philippine citizens were married in another country, they are married for life in the Philippines without an annulment obtained in the Philippines.

A Philippine citizen can get a divorce recognized that was obtained abroad as long and the non Philippines citizen filed for the divorce. Again this does not bind the citizen of any other country, only Philippines citizens.

From Article 26 of the Philippine Family Code

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Edited December 2, 2014 by Caryh

[Marco&Bettina 502]

just file again.........advantage is that you are filling for the same person.....you gonna be okay

i have a friend who was in the same situation....fiancee went back before getting married.....they refilled and it got approved pretty quick and she has her interview in Nigeria in mid January.......

so just file again

WTH are people going back before getting married!? Dafuq!

[Hank_ 9,174]

You have NOT said why she went back to Phils..,., is this worth pursuing again? Be sure, but what ever you do, do not ever get married in the Philippines, as you are married forever, no such thing as divorce, only annulment, and one party must be shown to be mentally ill, at the time of marriage to get an annulment., I know been there, done that!

You are back to square one! And under VERY high 'risk' as far as all agencies look at your petition.

There is a lot more you could tell us, about WHY she went back, before getting married, get the EAD/AP which is a few months, this is a real problem, and probably something you do not deserve.

Just never get married in the Phils..,..,.,.,unless you want to be married for life, some do, if it is for them.,.,so be it.,.some people do not understand that. Annulment is 3-5 years, if at all, and thousands of dollars! Your chances is 30% to get it, free and clear! Been there, done that!

Once again you are posting this bad information.