Seeking Advice: Reapplying for K1 Visa After Short Stay, Need Guidance on Waiver and Next Steps

[Zovalye 1]

My fiancée and I applied for the K1 visa in October 2022. We received the NOA2 in November 2023 and completed the process in February 2024. Our K1 visa was approved in February 2024, and I traveled to the US on February 28th, staying for 2 weeks. The transition to living together suddenly, after a 3-year long-distance relationship, was quite a shock for both of us. We found ourselves overemphasizing some easily solvable problems. Realizing the need to address these issues and give ourselves time, I returned from the US on March 13, 2024.

 

Since my return to my home country, we have been consistently communicating and spending time together. We've come to the understanding that our decision was rushed, and with a calmer approach, we could have begun resolving our issues. At the request of my fiancée, we reached out to the US consulate in my country to revalidate the same K1 visa. Unfortunately, they responded negatively, instructing us to fill out a new I-129F.

 

Despite these setbacks, our love for each other remains strong. We've endured long and exhausting relationships and past events, ultimately finding each other. Our desire to be together persists. Thus, we've resolved to reapply for the K1 visa. We are prepared to wait for 9 months to a year, during which time we will focus on strengthening our relationship.

 

Now, I have some questions:

Given that it hasn't been 2 years since our first K1 visa, we understand we need to request a waiver. Do you think we stand a chance of obtaining this waiver if we simply explain our situation, or will we face denial after 9 months?

If we decide to reapply, would it be logical or necessary to wait for my fiancée to visit me in my home country again? During this visit, we could take new photos to add to our application, demonstrating that our relationship continues unchanged. However, this would entail a delay of 2 months, as my fiancée cannot take leave from work during this time.

 

Your responses are incredibly valuable to us. Thank you in advance for your assistance.

[Crazy Cat 41,845]

The previous K-1 will, likely, raise a couple questions. So, if you are truly committed, why waste time with another K-1?  Marry via a Utah online marriage, then meet, then US spouse can file an I-130 to start the CR-1 visa process.  Just a suggestion.  Per other VJ members, the  average processing time between a K-1 and a CR-1 is only about a month. 

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited April 4 by Crazy Cat

[Verrou 1,962]

get marry and apply i-130. 

[Zovalye 1]

Thank you so much for the responses but getting married in this situation is not practically possible for us at this moment. In this case, we believe our chance with K1 visa would be better. Under this circumstances, do you have any recommendations?

 

That'd be really helpful. Thank you so much again for all responses. 

[Dashinka 24,493]

2 minutes ago, Zovalye said:

Thank you so much for the responses but getting married in this situation is not practically possible for us at this moment. In this case, we believe our chance with K1 visa would be better. Under this circumstances, do you have any recommendations?

 

That'd be really helpful. Thank you so much again for all responses. 

Actually, a marriage might have a better chance the second time around as it might be hard to get a waiver for a new K1.  Utah Zoom weddings are easy, and all you need it a quick meeting after the ceremony to get the I130 moving.  Also, a marriage might make the adjusting easier when you eventually immigrate considering you will not have to go through the AOS process.

 

If you are completely decided to take the K1 route again all you can do is apply for the waiver and see what happens.  I think you will also have to add a lot more relationship evidence to get past your first try at the K1.

 

Good Luck!

[Verrou 1,962]

21 minutes ago, Zovalye said:

Thank you so much for the responses but getting married in this situation is not practically possible for us at this moment. In this case, we believe our chance with K1 visa would be better. Under this circumstances, do you have any recommendations?

 

That'd be really helpful. Thank you so much again for all responses. 

u already applied 1 K1 visa and u didnt follow through with the marriage. i totally get it. 

but if u want a better chance, either u apply CR1 or if you still not sure about marriage, then spend more time together, visit each other and collect more evidence. do you really want to apply K1 visa and along the way they might deny the case? u will waste time, and also higher and big risk for second K1 visa with the same person

 

Edited April 4 by Verrou

[JeanneAdil 6,498]

Moving from family,  your country and friends can be stressful and by doing K1,  it adds to stress of waiting out the AOS process and homesickness on top of feeling walled in as u can not work or  return home to visit .  That is why the spouse visa is superior. check crazycat's charts.

 

Have u  and USC checked the new fees to adjust your status in the US after marriage?

AOS fees now total  $2540 for I 131 ,  I 485 and I 765 plus if USCIS requires a new medical in the US ,  there will be dr appointment costs.  with I 129 K1 fee of $675

 

https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

 

The cost to do a spouse visa is $1070 for for I 130 and the 2 NVC fees with an additional $220 to process green card after visa issued.

 

Marrying and filing for spouse visa would show a real relationship and aid your new process

 

Add to this which is important to USC,,  you can be added to workplace insurance easier and USC can include u on tax returns to double the deduction (in the year u marry)

 

[Zovalye 1]

Thank you all so much for the responses. I guess we may need to think about Utah zoom marriage. Honestly, we didn't have any idea such a thing is possible. Maybe that's gonna be better for us. Thank you again. 

[Crazy Cat 41,845]

1 hour ago, Zovalye said:

Thank you all so much for the responses. I guess we may need to think about Utah zoom marriage. Honestly, we didn't have any idea such a thing is possible. Maybe that's gonna be better for us. Thank you again. 

Just remember that you must meet either during or AFTER the Utah zoom marriage before filing an I-130. 

[SalishSea 17,827]

7 hours ago, Zovalye said:

My fiancée and I applied for the K1 visa in October 2022. We received the NOA2 in November 2023 and completed the process in February 2024. Our K1 visa was approved in February 2024, and I traveled to the US on February 28th, staying for 2 weeks. The transition to living together suddenly, after a 3-year long-distance relationship, was quite a shock for both of us. We found ourselves overemphasizing some easily solvable problems. Realizing the need to address these issues and give ourselves time, I returned from the US on March 13, 2024.

 

Since my return to my home country, we have been consistently communicating and spending time together. We've come to the understanding that our decision was rushed, and with a calmer approach, we could have begun resolving our issues. At the request of my fiancée, we reached out to the US consulate in my country to revalidate the same K1 visa. Unfortunately, they responded negatively, instructing us to fill out a new I-129F.

 

Despite these setbacks, our love for each other remains strong. We've endured long and exhausting relationships and past events, ultimately finding each other. Our desire to be together persists. Thus, we've resolved to reapply for the K1 visa. We are prepared to wait for 9 months to a year, during which time we will focus on strengthening our relationship.

 

Now, I have some questions:

Given that it hasn't been 2 years since our first K1 visa, we understand we need to request a waiver. Do you think we stand a chance of obtaining this waiver if we simply explain our situation, or will we face denial after 9 months?

If we decide to reapply, would it be logical or necessary to wait for my fiancée to visit me in my home country again? During this visit, we could take new photos to add to our application, demonstrating that our relationship continues unchanged. However, this would entail a delay of 2 months, as my fiancée cannot take leave from work during this time.

 

Your responses are incredibly valuable to us. Thank you in advance for your assistance.

Just get married and have the USC petition you for a spousal visa.   K-1s are not a “try it out,” and I expect they’ll question your intent to marry after doing that.