K-1 visa petition destroyed

[smehdiyev 0]

Hello.

My fiance applied for K-1 visa 2.5 years ago and the USCIS had approved it successfully, sending it to the local embassy for the interview.

However, my mother got pretty sick that time, which required long-term medical treatments along with taking care of her (she is single mother with one son only) while being home. Due to this unfortunate reason, I updated the embassy with our letters of intent to marry the first time my petition was cancelled. But I could not make it for the appointment the second time again, although I had strong evidences supporting why I could not attend the interview.

According to the law, my petition has been considered abandoned and destroyed. This is what the consulate wrote me today:

This office previously notified you that as of the date shown at the bottom of this letter your application for a Fiancé visa was canceled and any petition was also canceled. We informed you that your application might be reinstated if, within 60 days, you could establish that your failure to pursue your Fiancé visa application was due to circumstances beyond your control.

Since you have failed to do so, the record of your application has been destroyed and any petition approved on your behalf has been returned to the Immigration and Naturalization Service; any Department of Labor certification has been returned to your prospective employer; and any personal documents which were in your file at this office are returned with this letter.

Things are getting back to normal now and we want to marry. Currently, my fiance is in my country visiting me for a couple of days. My question is, can she re-apply for the K 1 visa again? If yes, will my failure of abandoning the first petition make any difficulties or denial?

Your kind suggestions in this regard would be truly appreciated.

Thank you.

[Penguin_ie 5,996]

She can apply again.

You will be asked about the issues at interview, they will want to make sure you are serious this time, but it should not be a major problem.

The other possibility is to get married, since you are together right now, and apply for the CR-1 spousal visa. This would enable you to work and travel right away once you enter the USA, in case you need to go home for another family emergency, and is also cheaper.