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

[Mollie09 1,543]

She has established intent to move to the US twice, you're talking about doing it a third time. Very difficult to prove no immigrant intent for an F-1.

[Boiler 45,167]

So she wants to teach in the US, F1 is for studying.

Edited September 24, 2018 by Boiler

[Unlockable 7,314]

Expect scrutiny.

[GreatDane 366]

There's a few issues - she has applied for two K-1 visas. K-1 visas show intent to immigrate. After applying for two, she will have a difficult time intending to show that she no longer has intent to immigrate (important part of a F-1 visa) and if you try to adjust status by getting married later on down the road, you're inviting trouble. The burden is on her to prove her intent and if the immigration officer doubts it, rejected. 

I doubt she's likely to get a F-1 visa and she probably wouldn't qualify for a work-sponsored visa as an English teacher wanting to move to the US. Her best bet would be a K-1 or CR-1 and will need lots of evidence - face time, etc. At this point, it looks like she's visa shopping.

[DaveB7 1]

But..if she just wanted to leave, she would have done it when her previous visa was approved...so to me it shows that the right match was more important to her than a potential desire to leave.

[debbiedoo 2,339]

4 minutes ago, DaveB7 said:

But..if she just wanted to leave, she would have done it when her previous visa was approved...so to me it shows that the right match was more important to her than a potential desire to leave.

in a rational world, yes.

 

to the US Gov't... not necessarily.

[geowrian 22,337]

7 minutes ago, DaveB7 said:

But..if she just wanted to leave, she would have done it when her previous visa was approved...so to me it shows that the right match was more important to her than a potential desire to leave.

Devil's advocate here...

What if they didn't marry and complete the green card process because they found out she was using them. As such, she would have had no way to stay in the US legally (and she can't just marry somebody else in the US and stay...K-1 prohibits this).

[debbiedoo 2,339]

as youve seen (and why) the consulate will be VERY interested in those previous relationships and want to know EVERYTHING about yours....

 

it does sound rather like greencard/way to the US shopping. especially with mention of 'what about a student visa'....

Edited September 24, 2018 by debbiedoo

[Mrsjackson 300]

20 minutes ago, DaveB7 said:

But..if she just wanted to leave, she would have done it when her previous visa was approved...so to me it shows that the right match was more important to her than a potential desire to leave.

That’s only one possible scenario. The US government doesn’t like to take chances - they like to be sure that the beneficiary of a visa is entering the US and the marriage in good faith. They routinely deny people because they suspect them of doing something nefarious. They don’t need evidence because this is not a court of law, it’s immigration. No one has the right to immigrate. While she hasn’t overstayed and made it impossible for an F1, i believe it’s highly unlikely for reasons already stated. I think your best bet would be to try a CR1. It might show this time she’s more serious about the relationship. I think you need to show that this is different than the previous two relationships. You could try another K1 but if it’s denied you’d have to go the CR1 route anyway and there goes any time saved. Another thing, does it not raise even one single red flag with you that she’s already tried to come to the US twice?

 

Edited for spelling error.

Edited September 24, 2018 by Mrsjackson

[VNN 147]

• If the relationship is genuine, do K-1 and CR-1 Visa with a lot of travels 
• You can see that commentators already raised some questions regarding her intention - people who interviewer will even more "cruel" when they look into her case.

[DaveB7 1]

K-1 and CR-1 at the same time?

[EM_Vandaveer 2,408]

12 minutes ago, DaveB7 said:

K-1 and CR-1 at the same time?

No, that doesn't make any sense. I think the commenter meant K-1 OR CR-1.

[Umka36 781]

No. If not married can do K1, but if married do CR1. You have to decide.

[VNN 147]

17 minutes ago, DaveB7 said:

K-1 and CR-1 at the same time?

Sorry I meant K-1 or CR-1

[DaveB7 1]

It seems that CR-1 was suggested here as a potentially less problematic route. Does it matter where the marriage would take place?