Questions about old canceled K3 petition

[Climo57 10]

Hey VJ

would like some info concerning how an old k3 visa would impact me today trying to bring over my current gf /wife. 

Im an American citizen and back in 2007 I got married in the Philippines and filed a k3 visa for my wife.  We got all the way to the end of the petition (medical/interviews) but she got cold feet and never finished the petition. Later I found out she was cheating me on why the cold feet. Anyway I got the marriage annulled and it was completed in 2009. I received some papers from the visa center that her petition was cancelled. 

Fast forward to present day

New Philippine gf of 5 years and I want her to join me in the states. Should I get married and try the k3 visa again or just wait and use the k1 instead? I’m little afraid that if we apply for the k3 it will get denied because of the one I filed back in 2007. I’m leaning on the k3 since I can use my sister as a sponsor (I barely make the minimum funding requirement for k1) on why use the k3. Plus Philippines don’t allow sponsors on k1 visas. 

Tldr;

Will this old (cancelled) K3 petition cause any red flags if I try and file another k3 with my new gf/wife? We are thinking about getting married but will wait and use the k1 visa instead if unable to use the k3. Not sure if the visa center has a time requirement before one can apply again since the first one was canceled. 

Bit more info if needed. From 2010-15 I lived in the Philippines and returned to states in feb 2016 so I been back almost two years now. Working for one year on why I don’t have money requirements for k1 yet. 

Appreciate any help someone can provide. 

Thanks

[geowrian 22,337]

K-3 is obsolete now. It's a K-1 if unmarried and CR-1 if married. You can try a K-3, but it will almost certainly be administratively closed at NVC and turn into a CR-1 anyway.

 

They may ask about the past petition and marriage so your partner should know about it, but it was so long ago and nothing came from it, so I would not anticipate any issues.

[Climo57 10]

Thanks for the reply. I was unaware the k3 was obsolete as I still see many references to it. Yes she knows all about my life so no worry’s there. I was thinking (hoping) that since the first petition was cancelled and so long ago that it would be ok to try the CR-1 again so I can use a sponsor. 

[geowrian 22,337]

5 hours ago, Climo57 said:

Thanks for the reply. I was unaware the k3 was obsolete as I still see many references to it. Yes she knows all about my life so no worry’s there. I was thinking (hoping) that since the first petition was cancelled and so long ago that it would be ok to try the CR-1 again so I can use a sponsor. 

Yup. Very few K-3s have been issued since ~2012(?). The CR-1/IR-1 process "only" takes 12-14 months now, whereas it was taking a couple/few years back then.

You're fine to do either the K-1 or CR-1. I would suggest the CR-1 as it's an all-around better visa, and is only taking a couple months longer nowadays (9-12 months vs 12-14 months). But it's really up to you and your partner, and your circumstances/goals.

 

USEM very rarely asks for an I-134 for a K-1 anymore as well (but you should still have one ready in case they do).