K1 Fiance' Not Stay

[2018JNJ 141]

After much time and money, my fiance came to USA 2 weeks ago.

She stepped off the plane saying she want go right back home.

She never try to adjust here..she miss home too much.

 

So my question, how long after she returns home, in a day or so, can I petition someone else?

I don't have anyone in mind at the moment.  Is it 2 years after first K1 approval?

How does the waiver work?

 

Or would it be better to go the CR-1 route?

Does the 2 year wait apply there as well.

 

Just trying to see what my options are.

 

Duffy probably knows..

 

Thanks.

jj

[Hank_ 9,174]

21 minutes ago, 2018JNJ said:

After much time and money, my fiance came to USA 2 weeks ago.

She stepped off the plane saying she want go right back home.

She never try to adjust here..she miss home too much.

 

So my question, how long after she returns home, in a day or so, can I petition someone else?

I don't have anyone in mind at the moment.  Is it 2 years after first K1 approval?

How does the waiver work?

 

Or would it be better to go the CR-1 route?

Does the 2 year wait apply there as well.

 

Just trying to see what my options are.

 

Duffy probably knows..

 

Thanks.

jj

If you petition someone within 2 years of your previous petition you will need a waiver.    Other than that there isn't a restriction.

 

Page 7  about half way down

 

https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1

 

https://www.uscis.gov/i-129f

Edited April 9, 2019 by Hank_

[2018JNJ 141]

So if I were to go over and marry, would there be a restriction on CR1?  Would a 2 year waiver be required for that?

And what does a waiver entail?  Does fiance' wigging out when she gets here and returns home in 2 weeks have any bearing?

 

Thanks.

jj

[geowrian 22,337]

6 minutes ago, 2018JNJ said:

So if I were to go over and marry, would there be a restriction on CR1?  Would a 2 year waiver be required for that?

And what does a waiver entail?  Does fiance' wigging out when she gets here and returns home in 2 weeks have any bearing?

No limits on the spousal visa process. No multiple filer waiver needed for it either.

 

I-129F multiple filer waiver = basically signed letter stating the circumstances of past petitions. It's routinely approved. There's no official form....just a letter you write.

It has no bearing on the waiver, although I wouldn't be too surprised if a new beneficiary was asked about it asked about the interview (so they are aware of the past beneficiary).

 

Note that there is a multiple filer waiver also if you have filed 2 I-129Fs in the past ever (not just the 2 within 2 years criteria). Hopefully you never reach the point where that becomes relevant.

Edited April 9, 2019 by geowrian

[Hank_ 9,174]

9 minutes ago, 2018JNJ said:

So if I were to go over and marry, would there be a restriction on CR1?  Would a 2 year waiver be required for that?

And what does a waiver entail?  Does fiance' wigging out when she gets here and returns home in 2 weeks have any bearing?

 

Thanks.

jj

I do not believe there is a waiver requirement for the IR/CR-1  spouse visa

 

 

Waiver entails checking a box on the I-129F  .. page  9    And like Geowrian  stated a letter explaining things

Edited April 9, 2019 by Hank_

[2018JNJ 141]

Thanks!

So if I were to pursue the CR1 route, no waiver would be needed.

A waiver would be needed to pursue another K1, but I think it would be easy to overcome.

 

Thanks.

jj

 

[FilAm24 75]

why dont you guys talk about the situation first?most of us immigrants suffered homesickness.

 

it made me sad that instead fixing the situation first youre just gonna let her go and ask here if you can petition again besides she only got here 2 weeks ago?

 

if your desire is really petitioning on next one the 2 experts answers above is what you're looking for.

 

good luck

[Hank_ 9,174]

I agree .. too bad you can work things out ... maybe get her online to talk with family .. 

 

 

[2018JNJ 141]

1 minute ago, FilAm24 said:

why dont you guys talk about the situation first?most of us immigrants suffered homesickness.

 

it made me sad that instead fixing the situation first youre just gonna let her go and ask here if you can petition again besides she only got here 2 weeks ago?

 

if your desire is really petitioning on next one the 2 experts answers above is what you're looking for.

 

good luck

I talked..I had friends over who talked to her..people from church come talk to her..her family talk to her..she has since moved into a hotel until she can leave.

She does not want to be here..she came from small village and I guess it's too much change for her.

Of course we talked about moving here from the beginning and it was no issue.

I can't make someone try to adjust here.

If they don't want and miss the PH too much..no one can change her mind.

 

jj

[2018JNJ 141]

Just now, Hank_ said:

I agree .. too bad you can work things out ... maybe get her online to talk with family .. 

 

 

Her family said to forget about her and move on to someone better.

They are very ashamed of what happened and upset with their daughter/sister.

I've tried all I know what to do.

 

jj

[Hank_ 9,174]

30 minutes ago, 2018JNJ said:

Her family said to forget about her and move on to someone better.

They are very ashamed of what happened and upset with their daughter/sister.

I've tried all I know what to do.

 

jj

 

Sorry this all went south on you.   I commend you for trying as you did ..

[FilAm24 75]

36 minutes ago, 2018JNJ said:

I talked..I had friends over who talked to her..people from church come talk to her..her family talk to her..she has since moved into a hotel until she can leave.

She does not want to be here..she came from small village and I guess it's too much change for her.

Of course we talked about moving here from the beginning and it was no issue.

I can't make someone try to adjust here.

If they don't want and miss the PH too much..no one can change her mind.

 

jj

well thats sad..sorry this happened to you

 

good luck on the next one🙂god bless

[AnneA 72]

Sure makes me happy to know that my fiance loves me enough to give it a try here or somewhere else if I'm not happy in the US ... just saying 🤔

[2018JNJ 141]

She is back in PH now.

Should I withdraw the petition or let it die?

Does withdrawing have any effect, positive or negative, on any future endeavors?

Would her abandoning me and not staying more than 2 weeks be good enough for a waiver?

 

It is a sad situation because she could've been happy here with me and the US.

She just didn't want to try.  We still talk, but it's time to move on.

 

Thanks for all your guys/gals help.

 

jj

[2018JNJ 141]

4 hours ago, AnneA said:

Sure makes me happy to know that my fiance loves me enough to give it a try here or somewhere else if I'm not happy in the US ... just saying 🤔

I have an obligation to my daughter first.  She comes before anyone else.  I can't just get up and leave her.

Now if I didn't have a daughter, then yes I would have moved to PH.

She knew I would not be able to move there from the beginning and that she would have to move here.

She was ok with that until she got here.

 

jj