Reapply K1 visa after 5 years

[tia28 0]

Hi everyone,

 

My fiance applied K1 visa for me in 2015 and I came to the US in 2016 but after that, we didn't get married so I returned to my country before 90 days' end. We have been in a relationship until now and I visited him 3 times by B2 visa after that. Now we decide to reapply K1 visa to get married in the US. My concern is due to our case in the past, do we have any trouble with the new application? 

 

Thank you for all the responses.

[powerpuff 6,746]

I would expect tough questions when you will have an interview at the consulate. Which country will you interview in? 

[Crazy Cat 42,032]

2 hours ago, tia28 said:

Hi everyone,

 

My fiance applied K1 visa for me in 2015 and I came to the US in 2016 but after that, we didn't get married so I returned to my country before 90 days' end. We have been in a relationship until now and I visited him 3 times by B2 visa after that. Now we decide to reapply K1 visa to get married in the US. My concern is due to our case in the past, do we have any trouble with the new application? 

 

Thank you for all the responses.

Have you considered a CR-1 visa instead?  

[Mike E 11,742]

So when the original I-129F was filed you both signed statements that said you intended to get married within 90 days of entering the USA.  And at the interview you both signed these statements again.  
 

So expect to  be asked what is different this time.  
 

3 meetings in 5 years since isn’t likely to impress the CO.  
 

Consider getting married.  

Edited March 15, 2021 by Mike E

[SteveInBostonI130 3,477]

Getting married and applying for a CR1 visa would be a better choice for you.  It costs less overall and is a simpler path to a greencard and LPR status.  You can use your B2 visa (if not expired) to travel back to the US, get married, apply for the spouse visa, and return to wait out/complete the consular process.  You can visit each other during the wait.  

 

Due to Covid, K1 visas have been taking about twice as long as before, or even longer.  Although you have abided by the terms of your previous K1 by returning to your country before 90 days, your intent to marry will be questioned.  Actually being married will prove this time is different.

[tia28 0]

3 hours ago, powerpuff said:

I would expect tough questions when you will have an interview at the consulate. Which country will you interview in? 

Our application is still at USCIS. I will have interview in Vietnam

[tia28 0]

1 hour ago, Lucky Cat said:

Have you considered a CR-1 visa instead?  

My country still close the border and we don’t know how long does it take. And getting married in Vietnam also takes a lot of paperwork.

[tia28 0]

53 minutes ago, Mike E said:

So when the original I-129F was filed you both signed statements that said you intended to get married within 90 days of entering the USA.  And at the interview you both signed these statements again.  
 

So expect to  be asked what is different this time.  
 

3 meetings in 5 years since isn’t likely to impress the CO.  
 

Consider getting married.  

We have been together more than 6 years. I came to the US 4 times included K1 visa, my fiance came to my country 7 times. I have 3 interviews at the consulate for B2 visa and they always ask me about my K1 visa and they tell me I should reapply for K1.

[Mike E 11,742]

2 minutes ago, tia28 said:

We have been together more than 6 years. I came to the US 4 times included K1 visa, my fiance came to my country 7 times. I have 3 interviews at the consulate for B2 visa and they always ask me about my K1 visa and they tell me I should reapply for K1.

If that’s what they are telling you to do, you should listen to them and not us.  

[tia28 0]

17 minutes ago, SteveInBostonI130 said:

Getting married and applying for a CR1 visa would be a better choice for you.  It costs less overall and is a simpler path to a greencard and LPR status.  You can use your B2 visa (if not expired) to travel back to the US, get married, apply for the spouse visa, and return to wait out/complete the consular process.  You can visit each other during the wait.  

 

Due to Covid, K1 visas have been taking about twice as long as before, or even longer.  Although you have abided by the terms of your previous K1 by returning to your country before 90 days, your intent to marry will be questioned.  Actually being married will prove this time is different.

Due to COVID 19, my country still remains close and we don’t know when it opens for tourists again. My B2 visa expired already and when I extended it they dennied and advice me to reapply for K1 visa.

[payxibka 10,047]

Just now, tia28 said:

Due to COVID 19, my country still remains close and we don’t know when it opens for tourists again. My B2 visa expired already and when I extended it they dennied and advice me to reapply for K1 visa.

Follow the advice 

[tia28 0]

Just now, Mike E said:

If that’s what they are telling you to do, you should listen to them and not us.  

I think it’s always nice to ask for the advises from everyone who have been through it. If you don’t like you can ignore my topic. Thanks.

[tia28 0]

1 minute ago, payxibka said:

Follow the advice 

Thank you. Just worry and want to make sure we’re doing the right way.

[Mike E 11,742]

34 minutes ago, tia28 said:

 ignore my topic. Thanks.

Capital idea! Done!

[NoMansLand2020 298]

My fiancée had been petitioned about 1.5 years before we got engaged. Her then fiancé, had issues with not being faithful and being deceitful. She didn't want to deal with it, so they broke things off. They were only together 7 months. 

 

We met online about 6 months after their breakup and filed after our first meeting which was six months later. I've seen her one more time since then but haven't been able to go back due to the Philippine borders being closed. 

 

We did get an RFE last May in regards to her previous engagement. But we were successfully able to mitigate those concerns and received NOA2 a few weeks later. 

Edited March 15, 2021 by NoMansLand2020