Is it hopeless to retry for another K1 visa after denial?

[laylalex 7,293]

22 hours ago, SmallTownPA said:

I just withdrew an I-129 that was at the consulate, after a year of dating, 5 weeks together in person, and daily communication.  She got cold feet and wanted me to leave the US.  NOPE. 

 

My current fiance is a wonder woman. 

Wait wait wait. You just withdrew a I-129F at the consulate and now you have a new fiancee? I... I don't mean to be judgemental, but does your fiancee know about what (and I could be wrong) looks like a very fast turnaround time between breaking off commitment to one woman and making a new one? If it were me, I would be extremely wary of committing to someone who didn't take some time to reflect on what ended their previous relationship, especially one leading to marriage. 

[Boiler 45,813]

8 minutes ago, laylalex said:

Wait wait wait. You just withdrew a I-129F at the consulate and now you have a new fiancee? I... I don't mean to be judgemental, but does your fiancee know about what (and I could be wrong) looks like a very fast turnaround time between breaking off commitment to one woman and making a new one? If it were me, I would be extremely wary of committing to someone who didn't take some time to reflect on what ended their previous relationship, especially one leading to marriage. 

We have many members on 4 or 5.

 

And with the long distances involved, expense and limited vacation time some see the logic of having another in mind should the current one not work out. Insurance.

[laylalex 7,293]

17 minutes ago, Boiler said:

We have many members on 4 or 5.

 

And with the long distances involved, expense and limited vacation time some see the logic of having another in mind should the current one not work out. Insurance.

I know I am on my second marriage to a non-USC, but circumstances are very different. I just see lining them up as kind of cynical. Again, I don't mean to be judgemental, it's just not something I can really wrap my head around.

[Orangesapples 1,954]

2 minutes ago, laylalex said:

I know I am on my second marriage to a non-USC, but circumstances are very different. I just see lining them up as kind of cynical. Again, I don't mean to be judgemental, it's just not something I can really wrap my head around.

I think Boiler was making a joke but some people do have that mentality I guess. 

[laylalex 7,293]

1 minute ago, Orangesapples said:

I think Boiler was making a joke but some people do have that mentality I guess. 

Yes, that's what I was getting at. I've seen it on here elsewhere in the 8 or so months I've been on here. Why leap from one partner to another so quickly -- what's so urgent about getting married? Why not get to know each other a bit better before making a major commitment?

[Boiler 45,813]

10 minutes ago, Orangesapples said:

I think Boiler was making a joke but some people do have that mentality I guess. 

No it is true. Plenty of examples here.

 

Is it any different to using a dating app, even in your local area, do you contact people sequentially and see what happens or maximise your opportunity with a more broad approach?

 

Add in a 15 hour whatever flight, perhaps a once a year opportunity, what makes most sense?

[Dataunavailable 82]

13 hours ago, JeanneAdil said:

Many of us here do know what you are going thru

i applied K1 in 2009  Denied even though i had know him over 2 years and spent the month of June with him and his family

Married 2010 and spent 2 more trips there 2 to marry in march and april and month of November to honeymoon

2011 another trip of 3 months and his new interview /  he was denied again 

appeal and won it 

did the CR1 again as per Immigration court letter

interview in 2015 and got the visa

 

many of us from high fraud countries go thru this process over and over and wait extensive times alone

all i can say is "we do whatever immigration says to do to wade thru the process to be together"

 

We don't take any situation here lightly

i answer as i went thru it

and i said to marry there as marriage is the best proof of a commitment on top of the fact that the embassy (part of immigration) said to do it

 

As for the above the man making $2500 a month is only $30,000 a year / I know that to do CR1 or AOS a couple needs to prove only a little over $21,000 but that is hardly enough in most states and especially with the AOS to go to over $2000 this year.   Not only does the separation put a strain on any relationship but the extra trips and the cost of the process do the same

 

the only thing i do know is keep the romance when you talk

don't let the immigration process be your only conversation as it can make you "mad as a hornet" and disrupt a time when getting to know each other should be a beautiful time of talking about the future and love

Good luck

 

I appreciate everyone that responds, I'm sure OP does too. It's a very emotional experience and I'm happy it did work out for you two in the end, even though it took a long time. 

 

The $2500 is what's required per Cambodian law for a male to marry a Cambodian female in Cambodia, I make well above that while employed, but to be able to spend more than 3 weeks at a time in Cambodia, usually once per year, I would have to quit my job. And with no job I have no income to meet the Cambodian criteria. Any other country, I'm not sure. If we were to marry in somewhere like Hong Kong or Vietnam, I'm not 100% if the Cambodian govt would recognize it as a legal marriage? I don't see why not though, since once we would marry here in the U.S they would see it as a legal marriage 

 

And yes I agree, while we do talk about the immigration process and the stress of it, we don't let it come between us, the whole process has made us even stronger.  We talk about anything and everything, earlier tonight we had a one hour conversation about Evolution, but it's also little sentiments that show each other our love, or jokes we have, making sure we have a laugh together everyday. Really anything to keep us upbeat and focused on what's most important, which is our relationship. 

[JonSeattle 202]

7 hours ago, SmallTownPA said:

 

I'm really boggled why people think that the 90 days is NOT part of the 'get to know you' period.  Most ppl will never be abroad more than 1 or 2 weeks.  If you tell me that's enough to form that life long bond then you're kidding yourself.  Because as soon as they hit the USA literally EVERYTHING changes.

 

From the USCIS website (https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf😞

 

Quote

 

What if we are engaged but have not yet decided to marry?

 

The fiancé(e) visa is a temporary visa that simply permits your fiancé(e) to enter the United States so that the two of you can marry in the United States within the 90 days permitted from the date of entry. It is not a way for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.

 

The requirement is that you both have made up your minds before the fiance gets the visa. There are lots of new circumstances that will arise during a marriage, and they are not supposed to be a time for deciding if you want to bail out.

[Duke & Marie 1,389]

3 hours ago, Boiler said:

We have many members on 4 or 5.

 

And with the long distances involved, expense and limited vacation time some see the logic of having another in mind should the current one not work out. Insurance.

Below the belt and an unnecessary remark...

 

circumstances are what they are.. if his exposure circle to women happens to be overseas, it’s no different than a persons exposure circle within 20kms.. life is what it is... international travel these days isn’t what it used to be, particularly if you have reasonable funds.. it is what it is, nothing to do with insurance...

 

did you find the love of your life first try living around around the corner from you? I bet not.. 

Edited January 19, 2020 by Duke & Marie

[Duke & Marie 1,389]

3 hours ago, laylalex said:

Yes, that's what I was getting at. I've seen it on here elsewhere in the 8 or so months I've been on here. Why leap from one partner to another so quickly -- what's so urgent about getting married? Why not get to know each other a bit better before making a major commitment?

Hence k1, but some would say the extra time post arrival, pre marriage it’s not the purpose of k1.. 

[Duke & Marie 1,389]

2 hours ago, JonSeattle said:

 

From the USCIS website (https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf😞

 

The requirement is that you both have made up your minds before the fiance gets the visa. There are lots of new circumstances that will arise during a marriage, and they are not supposed to be a time for deciding if you want to bail out.

Actually you need to stop stipulating your own interpretation of the requirements.. The requirements arethat:

• You are a U.S. citizen;
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. 

There is nothing that stipulats that you must have made up your mind before getting the visa.. intent is intent, conditions attached or not, no diff than a prenup.. I don’t see any sub clauses saying that conditions are Or are not permitted..

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

Edited January 19, 2020 by Duke & Marie

[Duke & Marie 1,389]

26 minutes ago, Duke & Marie said:

Actually you need to stop stipulating your own interpretation of the requirements.. The requirements arethat:

• You are a U.S. citizen;
• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
• You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
• You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. 

There is nothing that stipulats that you must have made up your mind before getting the visa.. intent is intent, conditions attached or not, no diff than a prenup.. I don’t see any sub clauses saying that conditions are Or are not permitted..

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

Seriously. Y’all can’t tell me that if I met a guy online or on vacation and after meeting him once in order to meet the criteria that I’m compelled to marrying him, regardless of intention to do so, irrespective of chatting to him for days, weeks, months or years..

 

If I got approved for k1, rocked up and after 89 days I’ve decided hes a total pig, abusive, or nothing like what he appeared to be pre arrival, then hell yeah I’d turn around and go home..and I’m pretty sure most would support that choice because I’d remain totally within the expectations and requirements of the k1 visa..

 

So why is it y’all think the petitioner can’t be of the same notion is beyond me.. 

Edited January 19, 2020 by Duke & Marie

[JonSeattle 202]

10 hours ago, Duke & Marie said:

 

• You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;

It comes down to what the USCIS means by "intend to marry". I agree it can mean different things, but the quote I took from their website explains what they mean by it very clearly. 

 

90 days is enough time to make preparations for a wedding, but it's not enough time to get to know someone. That has to be done beforehand, and the I-129 application needs to be clear that the "getting to know" part has been completed already at the start of the application process. I was not aware of this confusion when I applied, so I hope the letters of intent I sent in were sufficiently clear that we were committed already. 

[Oliversmom 250]

This is why I don't think the K1 should even exist.  It offers no protection to the beneficiary.  The beneficiary gives up their life in their country, probably get rid of their belongings, get rid of their home, quit their job and come here to marry the person they love.  But if the petition changes their mind they have no protection to stay in this country.  And even if they marry I have read time and time again about the petitioner not filing for AOS for various reasons and that leaves the beneficiary no way to work and earn their own money, travel or in some states they can't even drive.  I know K1 has done a lot of good but for some beneficiaries it has been a nightmare.  I base this on the posts I have read here over the years.  I am by no means an expert on the K1 and this is only my opinion.  

[geowrian 22,337]

14 minutes ago, Oliversmom said:

This is why I don't think the K1 should even exist.  It offers no protection to the beneficiary.  The beneficiary gives up their life in their country, probably get rid of their belongings, get rid of their home, quit their job and come here to marry the person they love.  But if the petition changes their mind they have no protection to stay in this country.  And even if they marry I have read time and time again about the petitioner not filing for AOS for various reasons and that leaves the beneficiary no way to work and earn their own money, travel or in some states they can't even drive.  I know K1 has done a lot of good but for some beneficiaries it has been a nightmare.  I base this on the posts I have read here over the years.  I am by no means an expert on the K1 and this is only my opinion.  

Yup..lots of possible ways for a K-1 to go very wrong, and pretty much always with at least the alien being put into a bad position.

But many people still want to risk it for the faster timeline to be together.

It's kind of a moral hazard IMO.

 

Arguably, there is no reason for the beneficiary to want to remain if the marriage dissolves so quickly. In most cases, they have not established ties to the US in such a short amount of time. Obviously this varies from case to case, especially those who have been pending AOS for very long periods of time or did not file shortly after entry.

 

There are cases where a K-1 does clearly make the most sense, such as when there is an 18-20 year old child of the beneficiary that will be immigrating. The spousal visa process would involve years of separation there.