Unsuccessful K1

[Monette012488 0]

Hi, good day to everyone in this forum. Im new here, and wanted advice from people who might have experience the same situation i am currently in or has ideas of the process etc. 

my American Fiance(é) and i completed k1 process and was granted with k1 & k2 visa. We flew to USA with high hopes of getting married and start a family together. 

After 3 weeks stay, my fiance(é) face legal issues with ex-wife(they were on war since 2013 for child custody, my fiance was granted parental/residential custody to their 7 yr old child 2015 yet the ex wife is still throwing accusations and demanding custody modification.) my fiance told me that the exwife filed a wrongful accusation stating that she believed my son did something to her son as he got bruises (where in fact the boy is actively participating in a football league/practice everyday)and so he said that we (my son and i) had to go back home in order to not get involved in court hearing as we do not have legal status in US. We are now back in our country. What happens now if we still intend to marry?(k1 still active) Or if my fiance decided to not marry me, does he have to file for cancellation of k1? Am i banned from re-entering US? 

[Naes 12,205]

First of all I am so sorry you are going through this.

 

Unfortunately K1 is a single entry visa. And the condition is to marry in 90 days after you enter the country. 

 As you entered USA but didn't get married, and went back to your country. Your k1 becomes used and you cannot use it again. So it is already in a way used (cancelled)

 

 I do not think this affects you entering USA but you will have to disclose the information if you try again. even with the same person you will have to go through the whole process again.

[NikLR 13,232]

Sometimes if you havent married yet an embassy will reissue the visa with the same expiration date if you left due to extenuating circumstances. 

Personally I would have stayed (you had legal presence until the 90 days were up) and figured it out.  You did not overstay so you do not have a ban.  However you have demonstrated immigrant intent.  So getting a visitor visa will be MUCH harder going forward.  Perhaps CR1 and CR2 would be better for you and your son if you still intend to marry and live with your fiance.  At the very least then he can say you have rights. 

Btw the ex wife sounds like a nut case.  No wonder she lost custody.  I sympathize. 

[mytruelove18 608]

Sorry that this happen to you.

But i feel that behind this there is something else.

Because first if you and your son didnt did nothing wrong you werent going to court process, second your fiance should face the situation just trying to be with you if he really love you.

I feel that behind this it is his idea to send you home.

He changes his mind about marriage.

Did you see the paper with the acusation from his ex?

Sorry, but i dont belive him.

Because go to this process and give up so eassy, 

When you love someone you will fight for this person. 

[Cyberfx1024 7,980]

11 hours ago, Monette012488 said:

Hi, good day to everyone in this forum. Im new here, and wanted advice from people who might have experience the same situation i am currently in or has ideas of the process etc. 

my American Fiance(é) and i completed k1 process and was granted with k1 & k2 visa. We flew to USA with high hopes of getting married and start a family together. 

After 3 weeks stay, my fiance(é) face legal issues with ex-wife(they were on war since 2013 for child custody, my fiance was granted parental/residential custody to their 7 yr old child 2015 yet the ex wife is still throwing accusations and demanding custody modification.) my fiance told me that the exwife filed a wrongful accusation stating that she believed my son did something to her son as he got bruises (where in fact the boy is actively participating in a football league/practice everyday)and so he said that we (my son and i) had to go back home in order to not get involved in court hearing as we do not have legal status in US. We are now back in our country. What happens now if we still intend to marry?(k1 still active) Or if my fiance decided to not marry me, does he have to file for cancellation of k1? Am i banned from re-entering US? 

Why wouldn't your fiance just marry you po? When my asawa came here on with a K1 we had big issues with my x-wife as well but we still got married and actually ended up getting custody of my kids with my x-wife. 

 

You can try to contact the embassy to see if they will reissue the visa. If they won't reissue it, then you have 2 options either redo the K1 visa process or get married there and do the CR-1 process. 

[LabOz 915]

13 hours ago, Monette012488 said:

so he said that we (my son and i) had to go back home in order to not get involved in court hearing as we do not have legal status in US. We are now back in our country. 

There is no reason for you to have to go home. You both could have legally stated if you married within 90 days of entry .

If there are court hearings with your BF and his ex-fighting for custody you do not have to be involved. There is no legal basis that "requires" you to leave.

 

I think your BF means he is concerned the judge will side with his ex if she states their son is not in a good situation by living with you and your son.

 

Your BF is worried he will lose custody of his own son and be forced to pay child $$ support to his ex.

Not 100% sure but it could be he is putting his pocket book and/or his son over his relationship with you and your son.

 

We need more details to be sure.

How did you and your son get along with your BF aside from the ex-wife drama?

 

Very sorry you had to go through the entire K-1 process only for this to happen.

Steven

[NikLR 13,232]

OP do imho if you want to be here with him and the embassy wont reissue your visa go the CR1 route.  As the old saying goes, poop or get off the pot.  

[Monette012488 0]

Thank you for everyone who shared their views and comments and advices. I was exactly told "the exwife stated and that she believed that my son have physically hurt the boy. My fiance was worried that he could not protect us or my son if Child care Services starts to investigate and that they "may" Come and question my son, another concern is that my son doesnt understand english very well and so if questioned with random stuff he(my son) might just nod and nod and say yes all the time and may put us in great danger. I have not seen the paper, i know ishoulve asked to see it but things happened so fast and my fiance wanted us out of trouble bfore their court hearing starts which was 3 days after our departure from USA. He may have/or may not have change of heart but it doesnt add up to the fact that he(my fiance) has gone through the entire process, going baxk and forth from usa-Philippines while the application was ongoing, took extra miles talking and consulting and monitoring the progress of our application just to get us there quicker, payed Double amount of total cost of the entire application(k1&k2), went to philippines to escort us(me and my son) to US and to formally say his great appreciation for the blessings my parents gave him.

for almost 3 weeks of stay in US, the relationship with my son to my Fiance and his kid was extremely amazing. The boys get along so well, played,laugh,shared toys,etc most of the time when the kid is not at school or not with his mother. 

I wish i couldve stayed there but ive got no relatives to stay with while he(my fiance) settles their ongoing war. 

I feel better knowing that there are options to choose from in case things get better in the next few weeks or months hopefully not long enough before original k1 visa expires. God bless to all of us. 

[Jeanne Adil 1,651]

Check with the embassy / one of our VJ members came on K1 and got cold feet 

she returned home and then decided she did wrong and wanted the marriage / your embassy reissued her visa

and don't let an exwife determine your life / return and love your husband / the courts are not so blind / they will be able to see if she is using the child to hurt her husband and you

[Coco8 1,042]

20 hours ago, Monette012488 said:

he said that we (my son and i) had to go back home in order to not get involved in court hearing as we do not have legal status in US. 

This makes no sense to me. If you had traveled to the US with a K1/K2, you have legal status in the US. Plus, once you get married and filed for AOS, you are processing the green card. 

 

Moreover, the justice system in the US is slow and without any proof, they couldn't do anything to your son. It is hard to make up stuff because judges realize when someone is making false accusations. 

 

If you didn't marry, you would have to do another K1. But if your fiance doesn't want to marry, it will be the same. If you married, you have to do a spousal visa. 

 

 

Edited November 13, 2017 by Coco8

[geowrian 22,338]

I concur with all of the above regarding the questionable request to leave the US. The reason is both factually incorrect and, honestly, sounds quite suspect. Something else is going on here. I suggest finding out what is really going on and then figure out where to go from there.

 

For info on the re-issuance, see 9 FAM 502.7-5(C)(7)(e): https://fam.state.gov/fam/09FAM/09FAM050207.html

"e. Issuance of subsequent K-1 Visa:  If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) returns abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa to the United States, and provided that the petitioner and beneficiary still intend and are free to marry.  The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.  To issue this subsequent visa the applicant must pay a new MRV fee and provide a new DS-160.  Using the information in the original petition and the new DS-160 create a new case in NIV, and adjust the validity date to fall within the original 90-day time period. "

 

This is not common and the timeframe may not work for you, but is a potential option.

[Jeanne Adil 1,651]

He said you to leave

Not the person you need to marry

He has what we call baggage / he has ties to his exwife that are not broken and seem bad to your future

sorry this has happened to you

when you decide to marry again ,  do a bacground check on the person  

ask quesitons and make sure they are not hiding anything