2 previous K1 visas for my fiance--a problem?

[DaveB7 1]

Dear All,

 

I'd appreciate a suggestion. My fiance had 2 previous K1 visas approved. She is completely trustworthy, it just didn't work out.

With the first one, she came to the US, but left within 90 days. With the 2nd one, she didn't go to the Embassy/Consulate.

Still, considering current long processing times, might this be a problem for her to get a 3rd one?

Suggestions are appreciated.

Thanks

DaveB

[VNN 147]

• They can cause red flags for sure but it was a good thing that she did not overstay when it did not work out.  
• Probably CR-1 may be a better option to consider (in term of cost and her K-1 history)
• You need evidences to show the new K-1 (or CR-1) is entered as bona fide (lot of facetime, multiple travels, etc.).  She might rush into relationships last 2 times, could this be another one? --> this is something that they may think.

Edited September 24, 2018 by RTLE

[debbiedoo 2,339]

she will almost certainly be questioned about it heavily at the consulate.

 

LOTS of evidence of a bonafide relationship and LOTS of visits to help overcome this.

 

would it be a bar or ban? no, but it will cause them to question her intentions for entering. her not overstaying on the first one is good, though.

 

what country is she from?

[geowrian 22,337]

Agreed. It is not a bar, but will probably raise some questions. Just be sure to prepare a quality I-129F packet and provide more evidence for the interview. Time spent in person is worth its weight in gold.

[Boiler 44,943]

Philippines?

[DaveB7 1]

She is from Russia.

 

I've read on this forum that CR-1 takes longer than K1 (already ridiculously long).

[debbiedoo 2,339]

Just now, DaveB7 said:

She is from Russia.

 

I've read on this forum that CR-1 takes longer than K1 (already ridiculously long).

even more reason for lots of visits.

[geowrian 22,337]

Just now, DaveB7 said:

I've read on this forum that CR-1 takes longer than K1 (already ridiculously long).

~8-12 months versus ~12-16 months to enter the US. But CR-1 is much cheaper overall and gets a green card faster (no AOS needed). It also has certain advantages in the event of a refusal of the visa at the embassy (K-1 dies and needs to be restarted, whereas CR-1 lets the petition be reaffirmed).

[DaveB7 1]

What if she comes as a student--she was planning to do that anyway?

[debbiedoo 2,339]

Just now, DaveB7 said:

What if she comes as a student--she was planning to do that anyway?

she might have a hard time getting a student, or even a tourist visa, with all those previous K1s under her belt. although she didnt stay, her previous history does show immigrant intent, and that is what the consulate will look at.

[Scandi 4,105]

The CO will think: "Wow, she really wants to get out of Russia and into America..". 

 

That means you have to have a really, really good case to convince the CO that she's not in it just for a life in the US (ie a greencard).

[VNN 147]

1 minute ago, DaveB7 said:

What if she comes as a student--she was planning to do that anyway?

• She can apply student (F-1) visa.  As they have her name on file, they may look into it harder (compared to anyone who never gets K-1 visa).
• She can marry you and adjust the status but her intent will be questioned 

[geowrian 22,337]

She can apply for a student visa. It may be difficult to obtain given her history + a current US fiance.

If approved, she can use the visa to enter the US as a student, but she must intend to return home still...she can't come with intent to stay in the US.

[Boiler 44,943]

What does she want to study> What is she studying now?

[DaveB7 1]

She is an English instructor