Reapplying for k1 visa (same petitioner; same beneficiary)

[saj2016 5]

Hi, I would like to ask for some advice regarding my situation.

 

I am the foreign fiancé (same sex) of a USC petitioner. I already have my visa and will be flying to the US next month. However, he has just come out to his parents. His parents are ok with him being gay, but does not approve of same sex marriage and threatened him that if he gets married with a man, they will not see him again. I hate seeing him being emotionally down because of this whole situation. 

 

My question is what if I fly to the US, take a chance to meet his family and if things don't turn well, not get married and come back to my home country, can we reapply for the K1 visa (same petitioner; same beneficiary) again in the future? Or will it be more difficult for us to get approved?

 

Thank you in advance!

 

[midwinterrose 275]

Use the search bar here on VJ, you may be able to find posts by others in a similar situation.  I found the following thread: 

 

I think this may be the most helpful post from that thread for your situation:

Posted April 5, 2006 (edited)

Here are my ramblings on this topic:

The K-1 fiance(e) visa is approved with one of the major requirements of showing that the foreign beneficiary and U.S. Citizen have a bona fide intention to get married. While it may be personal opinion, marriage is both a legal and ceremonial/religious union and without getting into the debatable topic, marriage, in its various forms, is still considered "marriage" for the sake of the parties involved whether it is on paper or through ceremony. Some, therefore, decide to hold off on this union.

Within the boundaries of the 90 day stay, there are no penalties for not getting married within this time period so long as the foreign beneficiary complies with immigration regulations in place at the time (i.e. leaves the U.S. prior to the 90 day timeframe). 

Along these lines, if the intent of the application was determined (based on the subjective opinion of consulate officer/immigration official with consideration of the objective facts of the specific case) that the K-1 visa was used for the purposes of a tourist visa, or any other purpose other than the purpose of the K-1 fiance(e) visa, that would indicate actions that constitute visa fraud.

And yes, the immigration law does indeed state the following (note section B about waivers of this section):

214( d )

(2) 1bc/ ( A ) Subject to subparagraphs ( B ) and ( C ), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that-- 

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and 

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. 

( B ) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph ( A ) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph ( C ), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

(REFERENCE: http://uscis.gov/lpBin/lpext.dll/inserts/s...tm#slb-act214d)

While going through the process may not be the most ideal, a second petition for K-1 visa is not unheard of. 

I have communicated with a number of individuals who have gone down this path of a second petition for a fiance(e) visa for the same beneficiary as the initial petition and were successfully granted a second K-1 visa. With this scenario, I would expect that the question of why marriage did not take place during the time of the first K-1 visa would be a question posed at the interview. If asked the question "Was the K-1 visa used as a tourist visa?" A reply of "Yes" would be an answer that I would not expect to lead to a favorable approval. A valid distinction of personal/family/business situation, with appropriate validity, would need to satisfy the consular officers determination of granting a second visa.

Good luck,

C.J.

Edited April 5, 2006 by CJ&Jum

Note that you would have to wait 2 years before reapplying, or get a waiver.  I'm not sure what is involved in obtaining a waiver, or what the likelihood of success is for that.  You would also probably face extra scrutiny if reapplying, but it seems doable.

- - - - - - - - - - - -

 

With that said, I'm going to offer my personal opinion, so you may consider it or disregard it as you see fit.  If your fiancé's parents are saying they will no longer see him if he marries a man, then they ARE NOT okay with him being gay.  If they truly were okay with it, then they would want him to have a happy, fulfilled life, marriage included.  If their reaction is that extreme, I doubt spending 90 days with you will change their feelings about it in any positive way, let alone another 2-3 years with you out of the country while you wait to reapply.  I don't see delaying the wedding having any positive impact on your future in-laws' feelings about your relationship.  If you and your fiancé seriously want to spend your lives together, I feel this is the moment where he needs to commit to you and show his family that you are of utmost importance to him.  He needs to live his life according to what he feels is best for him and will make him happy.  He cannot control his parents' actions or feelings, and if they choose to cut ties with him, that's on them, not on him.  Does your fiancé have siblings, and how do they feel about the situation?  How old is your fiancé?

 

I say all of this out of personal experience.  My parents did not approve of my fiancé, in fact they expressly forbid me to date him when I was younger.  We kept our relationship secret for 8 years, and I just told my parents about it a little over a year ago.  Though it sounds absurd, it was the hardest thing I've ever had to do.  I know my situation is not as extreme as yours--my parents never threatened to disown me--but I understand the stress and the sadness when your family doesn't accept the one you love, and the trepidation in defying your parents' wishes.  I love my parents and I always want to make them proud of me, but no amount of parental approval can fill the place in my heart that my fiancé fills.  I don't think my parents are very approving still, but they try to be polite for the sake of maintaining a relationship with me.

 

I don't know you, and I don't know the full extent of your situation; all I can offer is an outsider's opinion and some personal experience, and you can take it or leave it.  Whatever you choose to do, I wish you and your fiancé the best and I hope everything works out well for you in the end.  Good luck! 

[Catherine36 6]

Your in laws got 2 bombshells of news in one breath. 

 

Some things are not gonna change with passing of time. 2018/21st century and society/families still shuns the LGBTQ community. 

 

I wholeheartedly agree with poster above me. Both of you need to surround selves with supportive peers. Consider therapy to help cope with the parent's rejection. As previous poster stated: the shortcoming is on them, but it will affect you as a couple nonetheless. 

 

Best wishes,

 

Catherine. 

[debbiedoo 2,339]

I wish both of you all the luck in the world.

 

That said, while I understand your fiance's family shock and possible confusion (I am using very nice terms here), your fiance also has to make the decisions that are best for his life. While I am not gay, I do not seek the APPROVAL from my father or mother on who I marry, and can not fathom making a decision based on their own homophobic and outdated beliefs (for the record my parents have their issues but those are not them lol)

 

As a parent, there are things my kids could do that could cause me to ceases contact. But who they love is not one of those things. And, for the record, my fiances oldest son is gay, and neither of us could care less. he's happy. thats all that matters to either of us.

 

I would encourage you both to seek your own path, and live the life that is true to you, regardless of anyone else's opinion.  I have seen more than one case of parents who were total jerks...eventually come to their senses and accept, even if they dont approve, of their child's decision.