K1 visa second time

[KateriandKurt1 0]

Hey guys I’m new here,so my fiancé had a k1 visa before about 8 years ago,he and his ex fiancé that petitioned him never got married and he left the United States before the 90 days was up.

 

my question now is will we get denied seeing that he has a old k1 visa in his passport?im really stressing because I cannot find any forums regarding this and I will be filling the application soon

[Crazy Cat 41,143]

5 minutes ago, KateriandKurt1 said:

will we get denied seeing that he has a old k1 visa in his passport?

No.  

[Redro 4,609]

5 minutes ago, KateriandKurt1 said:

Hey guys I’m new here,so my fiancé had a k1 visa before about 8 years ago,he and his ex fiancé that petitioned him never got married and he left the United States before the 90 days was up.

 

my question now is will we get denied seeing that he has a old k1 visa in his passport?im really stressing because I cannot find any forums regarding this and I will be filling the application soon

Is there a reason why you are going with the K1 vs CR1 visa? 
CR1 would indicate he is more serious about the process this time around… 

Has your partner visited the US or traveled around the world since the last K1. 
It probably won’t be a big deal though to be honest. As long as you disclose the previous petition on the form. 

[KateriandKurt1 0]

1 minute ago, Crazy Cat said:

No.  

My heart is beating fast already that we may be denied his i94 record I am going to include that he departed the United States on the dates mentioned

[KateriandKurt1 0]

1 minute ago, Redro said:

Is there a reason why you are going with the K1 vs CR1 visa? 
CR1 would indicate he is more serious about the process this time around… 

Has your partner visited the US or traveled around the world since the last K1. 
It probably won’t be a big deal though to be honest. As long as you disclose the previous petition on the form. 

No he hasn’t and I prefer the k1 route because I was previously married and finalised my divorce recently we have been together for a year I recently went and saw him in his country and being away from him further will be to hard,I see that the k1 times are lowering so we could be in for a quik timeline also

[Crazy Cat 41,143]

10 minutes ago, KateriandKurt1 said:

I see that the k1 times are lowering so we could be in for a quik timeline also

K-1 is much more expansive, and takes much longer for a Green card.  The VJ reported average time difference is less than 3 months between a K-1 and CR-1.  

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. 
   

 

 

[Redro 4,609]

18 minutes ago, KateriandKurt1 said:

No he hasn’t and I prefer the k1 route because I was previously married and finalised my divorce recently we have been together for a year I recently went and saw him in his country and being away from him further will be to hard,I see that the k1 times are lowering so we could be in for a quik timeline also

I see he is going to interview in South Africa. If speed is one of your priorities know that getting a medical at one of the only two centers that conduct exams is a big pain. So (with spousal or with K1) it might add a month or two to the process… this is because sometimes the medicals aren’t sent to the consulate until after the interview happens. 
Also, check how easy it is to make an appointment with the K1 with SA… 

Good Luck! 

[KateriandKurt1 0]

1 minute ago, Redro said:

I see he is going to interview in South Africa. If speed is one of your priorities know that getting a medical at one of the only two centers that conduct exams is a big pain. So (with spousal or with K1) it might add a month or two to the process… this is because sometimes the medicals aren’t sent to the consulate until after the interview happens. 
Also, check how easy it is to make an appointment with the K1 with SA… 

Good Luck! 

I’ve read this yes I’m not entirely sure also because his first medical he mentioned everything was done so fast the time of his interview all his medical was already there I don’t know we can only keep our fingers crossed this time.i also can’t leave the US as my property and animals are here and I’d have to be physically living with him for a year to prove our marriage would be valid on a CR1 spousal visa so this is why I’ve opt in for the K1 it gives me enough time to prepare for everything and not in a rush.thank you for your advice I feel at peace knowing his previous K1 won’t affect our application as his ex fiance was a pain in the a$$ and he left because he just couldn’t live with regret that he’d packed up his life to be with her and she had other motives so unfortunately he is with a old stamp now that could destroy our application 

[Crazy Cat 41,143]

2 minutes ago, KateriandKurt1 said:

also can’t leave the US as my property and animals are here and I’d have to be physically living with him for a year to prove our marriage would be valid on a CR1 spousal visa

Where did you hear that?  I would love to see a link.  It is 100% inaccurate. 

Edited April 18 by Crazy Cat

[KateriandKurt1 0]

Just now, Crazy Cat said:

Where did you hear that?  It is 100% inaccurate. 

I was told by a colleague of mine who applied for the same visa and she had moved to his country lived with her now husband had to prove their marriage was valid such as bank accounts etc etc 

[KateriandKurt1 0]

Just now, KateriandKurt1 said:

I was told by a colleague of mine who applied for the same visa and she had moved to his country lived with her now husband had to prove their marriage was valid such as bank accounts etc etc 

I just prefer the k1 route because I won’t be good with the distance as the timelines now are shortened I don’t mind the extra money to be given out it’s all for love and to marry him here in the US,tbh I don’t want to live in South Africa as I know he’ll be much better off here

[Crazy Cat 41,143]

3 minutes ago, KateriandKurt1 said:

I was told by a colleague of mine who applied for the same visa and she had moved to his country lived with her now husband had to prove their marriage was valid such as bank accounts etc etc 

I would stop listening to that person for immigration advice.  You are NOT required to live together to apply for a spousal visa.   I just don't know where some of this misinformation comes from.

 

Whatever route you choose is YOUR decision.  Just be aware that I have seen many K-1 couples regret that decision later.  I have seen exactly zero spousal visa couples who say they should have chosen a K-1 instead.  Good luck on your journey.  It is quite a ride.

 

US immigration requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Failing in any of those areas can cause problems.  

Edited April 18 by Crazy Cat

[beloved_dingo 1,973]

Choosing which visa is a personal choice but I suggest you do research to make sure you are making the best decision for your situation. Anecdotes from acquaintances are not valid sources of information. Additionally, there can be a lot of variables from person to person that can affect the process (red flags, high fraud vs. low fraud country, etc.). You can read through threads here from K-1 and CR-1 couples and get information directly from USCIS' website, etc. 

 

Also be wary of anything you read on reddit. 

[JeanneAdil 6,398]

1 hour ago, KateriandKurt1 said:

I’ve read this yes I’m not entirely sure also because his first medical he mentioned everything was done so fast the time of his interview all his medical was already there I don’t know we can only keep our fingers crossed this time.i also can’t leave the US as my property and animals are here and I’d have to be physically living with him for a year to prove our marriage would be valid on a CR1 spousal visa so this is why I’ve opt in for the K1 it gives me enough time to prepare for everything and not in a rush.thank you for your advice I feel at peace knowing his previous K1 won’t affect our application as his ex fiance was a pain in the a$$ and he left because he just couldn’t live with regret that he’d packed up his life to be with her and she had other motives so unfortunately he is with a old stamp now that could destroy our application 

Eight years ago was prior to 2020 pandemic /  things are very different now

even the list of drs that do medicals has changed in this timeframe 

 

you don't have to live a year with him to prove bona fida marriage /

for USCIS

requirements are to have met in last 2 years

to have a valid marriage certificate 

and to consummate the marriage residency

for NVC

requirements

 US income to meet 125% of poverty level income

and file US taxes

and have a US residency

 

living a year in foreign country with new spouse is not a requirement and most can only spend a few weeks of vacation time with new spouse

[Redro 4,609]

54 minutes ago, KateriandKurt1 said:

I just prefer the k1 route because I won’t be good with the distance as the timelines now are shortened I don’t mind the extra money to be given out it’s all for love and to marry him here in the US,tbh I don’t want to live in South Africa as I know he’ll be much better off here

Just double check with him on the reasons why he found living in the US so challenging. 
If it was about his partner not being present enough because of work, not being able to navigate the city/town he lived in because of DL issues, being stuck at home with no money. Then spousal is the way to go because he will encounter the same issues with you.

But, honestly speaking- I would go the K1 route because getting married in SA is a pain. I would try to get in at least one more visit though because quicker doesn’t mean “quick” and it could still be a year and some change before he is able to move to the US. 
 

1 hour ago, KateriandKurt1 said:

I’ve read this yes I’m not entirely sure also because his first medical he mentioned everything was done so fast the time of his interview all his medical was already there I don’t know we can only keep our fingers crossed this time.i also can’t leave the US as my property and animals are here and I’d have to be physically living with him for a year to prove our marriage would be valid on a CR1 spousal visa so this is why I’ve opt in for the K1 it gives me enough time to prepare for everything and not in a rush.thank you for your advice I feel at peace knowing his previous K1 won’t affect our application as his ex fiance was a pain in the a$$ and he left because he just couldn’t live with regret that he’d packed up his life to be with her and she had other motives so unfortunately he is with a old stamp now that could destroy our application 

Don’t compare his first process with his second process. it was 8 years ago… If you’re banking on things being as quick as it was.. temper your expectations. Prepare for the worst… 

And follow SA k1 visa timelines here.