Second K1 for the same person

[Xomxot 1]

My fiance came to the states on K1 visa but due to family emergency had to go back before the 90 days widow. We did not marry. Later she came back on her visitor visa and stayed with me for few months. Now we are filling for another K1 visa. Should we have called or emailed the USCIS that we did not use the K1 visa or the Embassy? is this affect our new petition? 

 

 

[geowrian 22,337]

She came to the US on a K-1 visa, therefore it was used. She did not marry or AOS, but the K-1 visa was still used.

 

It won't cause a denial if that's what you're asking. You will need to request a waiver for filing for the same person if it's within 2 years:

"You must request a waiver of the International Marriage Broker Regulation Act (IMBRA) filing limitations if:

...

You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition"

 

She will probably be asked why she did not marry and AOS last time (since she previously provided her intent to do so). Just answer honestly and completely and she should be fine.