Second time filing....?

[jpiz777 3]

Husband and I originally filed for fiancé visa 2 years ago. We got approved, but ended up breaking up. Fast forward two years, we are pregnant and now married, and submitted forms for a k-3 marriage visa.

Do you think it will raise suspicions considering this is the 2nd time we have filed? Obviously, it's bonafide.

Everything should be fine. Good luck!

[Boiler 45,525]

Wondering where the idea of a Stokes interview comes from, is there something on one of the other threads? Nothing on this ones suggest that would happen.

All I see is a an adjustment from VWP.

[Unlockable 7,314]

OP,

To reiterate your timeline...

• You filed for a K1 visa 2 years ago.
• You and your fiance broke up and never used the K1 visa.
• Your ex-fiance entered the US under VWP.
• You and your ex-fiance got back together and married and now is having a baby.
• He is currently looking to adjust status.

To answer your question about whether or not it would raise suspicion, one of the things that sticks out to me is your ex entering the US after the K1. Would seem like he came and stayed instead of going through the K1 process.

When exactly did he enter and when did you two get married during the timeline? This could be the most scrutinized item.

[Nmk1 5]

OP,

To reiterate your timeline...

• You filed for a K1 visa 2 years ago.
• You and your fiance broke up and never used the K1 visa.
• Your ex-fiance entered the US under VWP.
• You and your ex-fiance got back together and married and now is having a baby.
• He is currently looking to adjust status.

To answer your question about whether or not it would raise suspicion, one of the things that sticks out to me is your ex entering the US after the K1. Would seem like he came and stayed instead of going through the K1 process.

When exactly did he enter and when did you two get married during the timeline? This could be the most scrutinized item.

Every time I try and update my timeline, it refuses to save. Not sure what I'm doing incorrectly.

He entered in February. We married 62 days later, before his 90 days were up.

Wondering where the idea of a Stokes interview comes from, is there something on one of the other threads? Nothing on this ones suggest that would happen.

All I see is a an adjustment from VWP.

Do you think it's possible we wouldn't be summoned for one?

[3rd 84]

Odds are better than 50% that you both will be subjected to a Stokes Interview. At such an interview, the sky is the limit in terms of questions that will be asked, be prepared to address why things didn't work out the first time.

Wondering where the idea of a Stokes interview comes from, is there something on one of the other threads? Nothing on this ones suggest that would happen.

All I see is a an adjustment from VWP.

Previous poster mentioned it, but I also can't see that a Stokes interview would be even a possibility here unless there were a great many red flags. He's adjusting from the VWP, and unless he has some huge criminal record I can't see that in your future.

My advice is just be prepared for a tough interview. We knew ours was going to be a little tougher than the rest due to adjusting from the VWP, but we also had never sent off any other petition in the past so I'd imagine yours will be held under slightly more scrutiny. Nothing you can't handle when you're in a genuine marriage and have a legitimate reason for the adjustment. We weren't even asked why we married and adjusted on the VWP, which I was sure would come up!

[Anitafeliz 1,133]

Every time I try and update my timeline, it refuses to save. Not sure what I'm doing incorrectly.

He entered in February. We married 62 days later, before his 90 days were up. ?

So he did use the k1? Because thats the only time the 90 days would be relevant.

Did he enter on the k1 then you cancelled his k1 and you are now adjusting from esta?

Its abit confusing because if he entered you married in 62 days you are not adjusting from ESTA he completed the k1 requierements marry in 90 days.

if you applied k1 he never entered and he entered on another visa then it doesnt marry if you matried day one or 100.

You have several treads up having to do with other visa types.

Edited June 1, 2016 by Anitafeliz

[3rd 84]

So he did use the k1? Because thats the only time the 90 days would be relevant.

Did he enter on the k1 then you cancelled his k1 and you are now adjusting from esta?

Its abit confusing because if he entered you married in 62 days you are not adjusting from ESTA he completed the k1 requierements marry in 90 days.

if you applied k1 he never entered and he entered on another visa then it doesnt marry if you matried day one or 100.

You have several treads up having to do with other visa types.

They broke up before they got the K-1, so he entered on the VWP when they got back together. Circumstances changed, I imagine due to the baby? Now he is adjusting from the VWP.

[Anitafeliz 1,133]

They broke up before they got the K-1, so he entered on the VWP when they got back together. Circumstances changed, I imagine due to the baby? Now he is adjusting from the VWP.

I guess i got confused with the post about marrying in 62 days??? Is 90 day also a requierement for this vwp? Edited June 1, 2016 by Anitafeliz

[Ischnura 285]

The 90 days doesn't apply to the VWP.

Good luck Nmk1. Hopefully it's smooth sailing for you both.

[3rd 84]

I guess i got confused with the post about marrying in 62 days??? Is 90 day also a requierement for this vwp?

The VWP is a visa waiver program. There's a bunch of countries, the UK included, that can visit America without a visa for 90 days. OP stated that they got married on the 62nd day because when you apply for AOS a lot of people get nervous being out of status after the 90 days. Any overstay is forgiven for a spouse of a USC.

[Anitafeliz 1,133]

The VWP is a visa waiver program. There's a bunch of countries, the UK included, that can visit America without a visa for 90 days. OP stated that they got married on the 62nd day because when you apply for AOS a lot of people get nervous being out of status after the 90 days. Any overstay is forgiven for a spouse of a USC.

Oh i see thanks for the info good to know for the future at least I will know whats going on lol.

Sorry to the OP for my questions and confusion

Edited June 1, 2016 by Anitafeliz

[Nmk1 5]

The 90 days doesn't apply to the VWP.

Good luck Nmk1. Hopefully it's smooth sailing for you both.

I appreciate that, thank you. Thanks to everyone for the help.

[Simonbln 35]

Hey Nmk1,

our story is kinda similar... except the baby part.

We got engaged back in 2013 and filed for k1 in August 2013. Our I-129f petition was approved in September 2013 but we (actually she) decided that its too early and long relationship does not work out.

We kept in touch and began dating again beginning 2015. She came to Germany, I visited her in the US in September 2015. I actually planned to just visit her in December - but she proposed and we decided to stay and adjust.

The interview startet with "so you applied for fiance visa in 2013 and now came on a WT - explain me this" - we were honest and told about the break up. He asked why did you break up - why did you get back together? why do you now know he is the right one.

He liked the answers and we got approved.

I don't think that you need a to hire an attorney - being honest and you will be fine.

[Nmk1 5]

Hey Nmk1,

our story is kinda similar... except the baby part.

We got engaged back in 2013 and filed for k1 in August 2013. Our I-129f petition was approved in September 2013 but we (actually she) decided that its too early and long relationship does not work out.

We kept in touch and began dating again beginning 2015. She came to Germany, I visited her in the US in September 2015. I actually planned to just visit her in December - but she proposed and we decided to stay and adjust.

The interview startet with "so you applied for fiance visa in 2013 and now came on a WT - explain me this" - we were honest and told about the break up. He asked why did you break up - why did you get back together? why do you now know he is the right one.

He liked the answers and we got approved.

I don't think that you need a to hire an attorney - being honest and you will be fine.

Thank you! I've already finished paying the attorney so I'll keep her around. But like you said, I'm sure honest answers will get me further ahead. Did they ask anything about intention of you staying or when you two decided to marry?

[Simonbln 35]

Thank you! I've already finished paying the attorney so I'll keep her around. But like you said, I'm sure honest answers will get me further ahead. Did they ask anything about intention of you staying or when you two decided to marry?

they actually did not... we could have easily given the answer as she (USC) proposed I could not even have had the intention but besides that from what i read here intention is not an issue anymore as he was already admitted and its not a reason to deny