k1 visa for second time, the first was aproved, we are the same persons

[Alecs 1]

my cuestion es the next, mi fiance (citizen) was my sponsor to my k1 visa the first time, we couldn't get married, we have a child, there were problems with my business and my job in my origin country we decided postpone our marriage, but i went to usa for a week. then i returned to my origin country, and last two months i tried to get B1/B2 turist visa to visit my doughter in my birthday but it was denied. so in this time my fiance and me are trying to get k1 visa for second time, i want tell you that i never broke the migration rules, i return to my country before 90 days, never i was ilegal in usa neither i was ilegal worked in usa, etc. ... and my relationship is real. and we have a doughter and we are in love... my cuestions are:

1) In this second attempt, can k1 visa(2nd) denied? 
2) can B1/B2 Turist Visa intent affect in k1 visa (2nd) ?
3) why embassy could not approve the k1 visa for us? 

we have pictures, letters, chats, and more pictures, in usa and in my origin country.  what can get fail?

[Roel 7,193]

Well they will surely question why you failed to get married on your first k1. 

[Mr Geminian 691]

You have to tell them why you couldn't get married and explain what problems you went through. Your tourist visa denial shouldn't be a problem( I was denied a tourist visa before applying for K-1 visa). I don't think your second attempt for K-1 visa will be denied because A)  It's going to be the same petitioner as before B) You guys have a child together C) you have evidence of your ongoing relationship & D) Your immigration record is clean as you said you got back to Poland within 90 days of K-1 visa. All you have to do at the visa interview is tell them why you couldn't get married before.

[Kush_Omaded 29]

It is possible that your tourist visa was rejected because the government suspected you would try to overstay your visa and perhaps stay in the country illegally. It might be wise to hire an immigration lawyer at this point, or--if possible--get married and apply for a spousal visa. It takes longer to bring a spouse to the United States than a fiancé, true, but it might bring more legitimacy to your relationship and make the process appear less fraudulent. If you do want to make another attempt at the K-1 visa, though, be ready to explain to the immigration officer right away why you failed to marry before. Perhaps include an extra paper in the I-129F application describing your reasons for not marrying before. 

 

[geowrian 22,338]

1. Yes, it's possible to be denied on the second try. It's also possible to be approved. It depends on the case presented to them.
2. A tourist visa refusal is typically for 214b - immigrant intent. Given that you had a K-1 recently, getting approved for a tourist visa was almost certainly going to be denied for immigrant intent. It won't hurt your next visa attempt, though.
3. Presumably it was approved with less evidence last time, although they will probably have some scrutiny since the last one didn't go through. A good explanation of why you didn't marry will go a long way.

[Alecs 1]

thanks all of you! i am feeling afraid for this topic, do you know similar cases that result ok? whit the same sponsor and the same foreing fiance...   thanks!!

Edited October 19, 2017 by Alecs