K1 visa second time

[mam521 2,067]

1 hour ago, Redro said:

getting married in SA is a pain.

Doesn't have to be in SA.  They could meet and marry.  Or Utah online and meet after to complete the requirements.  

[SalishSea 17,873]

2 hours 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 

LOL what?   You need to do some more research, as your info is incorrect.   

[SalishSea 17,873]

2 hours 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 

And yet millions of people were not required to do that before being approved for a CR-1 visa.   🤔

[SalishSea 17,873]

2 hours 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

Not sure where you’re getting the timeline info, but relying 8 year old timelines is not smart.   There is no measurable difference in 2024 between CR-1 and K-1 timelines.  

Hopefully you also realize that the petition approval is only one step of the process?

[carmel34 3,638]

Another endorsement of the CR-1 spousal visa recommendation from me.  There are so many advantages that it baffles me why some couples even consider K-1.  Not only is the processing time about the same these days, but keep in mind that if the K-1 is denied, there is no appeal, it is simply is sent back to USCIS to die.  K-1s also have a higher denial rate.  You do not have to live together after marriage for a spousal visa, many of us here on VJ were successful while living apart.  Good luck whichever path you choose.

Edited April 18 by carmel34

[Redro 4,611]

1 hour ago, mam521 said:

Doesn't have to be in SA.  They could meet and marry.  Or Utah online and meet after to complete the requirements.  

True but @KateriandKurt1 seems very much wanting to do the K1 over spousal visa because she wants her partner over asap. 
She is worried the K1 will be denied because of previous K1 issued. 
It most likely won’t be denied. So K1 is quicker. 
Issue is: if K1 is denied they will have to go with the spousal visa (which doesn’t require living together .) literally just marry and then file with similar evidence to K1. This will add time to the process. But, OP needs to make her own decision. 
I do recommend chatting to her partner though because while K1 might be quicker. It can be more stressful and the relationship can fall apart- as her partner experienced 8 years ago… 

[mam521 2,067]

24 minutes ago, Redro said:

True but @KateriandKurt1 seems very much wanting to do the K1 over spousal visa because she wants her partner over asap. 
She is worried the K1 will be denied because of previous K1 issued. 
It most likely won’t be denied. So K1 is quicker. 
Issue is: if K1 is denied they will have to go with the spousal visa (which doesn’t require living together .) literally just marry and then file with similar evidence to K1. This will add time to the process. But, OP needs to make her own decision. 
I do recommend chatting to her partner though because while K1 might be quicker. It can be more stressful and the relationship can fall apart- as her partner experienced 8 years ago… 

Agree, however I do think might is the operative here.  

[beloved_dingo 1,979]

The fees for AOS alone make the K-1 a very undesirable option now, imo. (And this is coming from someone who chose the K-1 back in 2018) 

[SalishSea 17,873]

1 hour ago, beloved_dingo said:

The fees for AOS alone make the K-1 a very undesirable option now, imo. (And this is coming from someone who chose the K-1 back in 2018) 

Same here.   Would never do a K-1 today.

[Redro 4,611]

21 minutes ago, SalishSea said:

Same here.   Would never do a K-1 today.

 

2 hours ago, beloved_dingo said:

The fees for AOS alone make the K-1 a very undesirable option now, imo. (And this is coming from someone who chose the K-1 back in 2018) 

Some people believe love is more powerful than $3000 AOS and the possibility of 1 year of beneficiary not working… 

I think our warnings fall on deaf ears. And the fact that some people are getting a GC 3 months after filing make K1 applicants believe they will be as lucky. 
As someone who thought I’d get my I130 approved in 3 months because I personally knew 2 people who had that luck… I know how hope changes your risk assessment… 

We had to wait 13 months before moving to the US instead of the 6 months we expected. To be honest my husband still jokes about how annoyed I was not being able to get a drivers license my first 2 weeks and how I was complaining about not having a job after 1… (I got one after 3 weeks)… 

Either way we discussed the pros and cons of K1 vs CR1 and my husband knew me well enough to know how important it was for me to have some semblance of independence after moving to a brand new country. 

[KateriandKurt1 0]

1 hour ago, Redro said:

 

Some people believe love is more powerful than $3000 AOS and the possibility of 1 year of beneficiary not working… 

I think our warnings fall on deaf ears. And the fact that some people are getting a GC 3 months after filing make K1 applicants believe they will be as lucky. 
As someone who thought I’d get my I130 approved in 3 months because I personally knew 2 people who had that luck… I know how hope changes your risk assessment… 

We had to wait 13 months before moving to the US instead of the 6 months we expected. To be honest my husband still jokes about how annoyed I was not being able to get a drivers license my first 2 weeks and how I was complaining about not having a job after 1… (I got one after 3 weeks)… 

Either way we discussed the pros and cons of K1 vs CR1 and my husband knew me well enough to know how important it was for me to have some semblance of independence after moving to a brand new country. 

I get everyone’s concerns but this really also depends on the state and consulate he goes to it’s not about the money it’s about me and him and the choice to take the k1 route because I’d like him to be here faster than waiting a year + on a cr1 it’s just my preference and it’s a choice I’m making so that I don’t have to be without my fiancé I’d like my family to be part of our our engagement ceremony’s as I’m Native American,and culture needs to be respected so that’s why I’m not going to just marry on a cr1 because it’s cheaper.id rather spend 3000$ on all this than suffer a whole year to not see him and unfortunately his work doesn’t permit him to be out the country as often as normal,we’ve tried to get him here in a B2 tourist and got denied 🙅‍♀️  unfortunately not easy but easy for me to see him every 4 months as I can afford it so yeah love wins at the end 

[KateriandKurt1 0]

1 hour ago, Redro said:

 

Some people believe love is more powerful than $3000 AOS and the possibility of 1 year of beneficiary not working… 

I think our warnings fall on deaf ears. And the fact that some people are getting a GC 3 months after filing make K1 applicants believe they will be as lucky. 
As someone who thought I’d get my I130 approved in 3 months because I personally knew 2 people who had that luck… I know how hope changes your risk assessment… 

We had to wait 13 months before moving to the US instead of the 6 months we expected. To be honest my husband still jokes about how annoyed I was not being able to get a drivers license my first 2 weeks and how I was complaining about not having a job after 1… (I got one after 3 weeks)… 

Either way we discussed the pros and cons of K1 vs CR1 and my husband knew me well enough to know how important it was for me to have some semblance of independence after moving to a brand new country. 

Also his a body modification Artist,and yes I’m full aware that he can’t work right away but how else did all those people that got approved make it at the end?

 

with employment being so low as the United States as a whole does any one really think it’s that easy to even find work even if granted authority to work legally? So yeah I don’t think I have to worry to much because the work he does is in the beauty and body industry therefore makes it easier to find work than a normal job.

 

thats just my take 

[Redro 4,611]

3 minutes ago, KateriandKurt1 said:

I get everyone’s concerns but this really also depends on the state and consulate he goes to it’s not about the money it’s about me and him and the choice to take the k1 route because I’d like him to be here faster than waiting a year + on a cr1 it’s just my preference and it’s a choice I’m making so that I don’t have to be without my fiancé I’d like my family to be part of our our engagement ceremony’s as I’m Native American,and culture needs to be respected so that’s why I’m not going to just marry on a cr1 because it’s cheaper.id rather spend 3000$ on all this than suffer a whole year to not see him and unfortunately his work doesn’t permit him to be out the country as often as normal,we’ve tried to get him here in a B2 tourist and got denied 🙅‍♀️  unfortunately not easy but easy for me to see him every 4 months as I can afford it so yeah love wins at the end 

Right… love will win in the end BUT 
- you’re worried about the K1 being denied and if it is… you’ll have no choice but to go with the spousal.

Which will add time to the ability for him to come over. 

Seems like you’re confident that is no longer a concern. So, you are clearly doing what you believe is best for your relationship.

i hear YOUR feelings and YOUR voice in all of this though not your partner- the beneficiary- so just confirm that he is okay with the possibility of not working for a year. I’m being sincere in saying that because he is the one that has gone through the K1 before. So, just make sure the reasons he went back to SA was purely relationship reasons and not because of the process… and also make sure when he goes to the interview he reiterates that he is serious about marriage because he wrote a statement promising the US government he was going to get married when he entered the US but he didn’t.. so why should they believe that he will get married this time? 
Again- I think you’ll be fine. But if you’re worried about the K1 being denied. Going with the spousal visa first time is the quickest way to get him to the States because you’re showing your partner is serious about being with you… 

11 minutes ago, KateriandKurt1 said:

Also his a body modification Artist,and yes I’m full aware that he can’t work right away but how else did all those people that got approved make it at the end?

 

with employment being so low as the United States as a whole does any one really think it’s that easy to even find work even if granted authority to work legally? So yeah I don’t think I have to worry to much because the work he does is in the beauty and body industry therefore makes it easier to find work than a normal job.

 

thats just my take 

I found work after 2 weeks of being in the country… 🤷

[KateriandKurt1 0]

13 minutes ago, Redro said:

Right… love will win in the end BUT 
- you’re worried about the K1 being denied and if it is… you’ll have no choice but to go with the spousal.

Which will add time to the ability for him to come over. 

Seems like you’re confident that is no longer a concern. So, you are clearly doing what you believe is best for your relationship.

i hear YOUR feelings and YOUR voice in all of this though not your partner- the beneficiary- so just confirm that he is okay with the possibility of not working for a year. I’m being sincere in saying that because he is the one that has gone through the K1 before. So, just make sure the reasons he went back to SA was purely relationship reasons and not because of the process… and also make sure when he goes to the interview he reiterates that he is serious about marriage because he wrote a statement promising the US government he was going to get married when he entered the US but he didn’t.. so why should they believe that he will get married this time? 
Again- I think you’ll be fine. But if you’re worried about the K1 being denied. Going with the spousal visa first time is the quickest way to get him to the States because you’re showing your partner is serious about being with you… 

I found work after 2 weeks of being in the country… 🤷

Good for you but what about the rest of the population in the US? I’m a qualified ultrasound technician and I couldn’t find work for 4/5 months so what makes it that easy? I’m asking this because everyone is missing the point of my question and rather raising the topic of a CR1 when I stated that I don’t want to wait for another year or more when I know the stress it will bring K1 or CR1 inevitably it’s still my choice to make and like I said before my marriage to him will be invalid if the cultural way is not respected 

[Redro 4,611]

5 minutes ago, KateriandKurt1 said:

Good for you but what about the rest of the population in the US? I’m a qualified ultrasound technician and I couldn’t find work for 4/5 months so what makes it that easy? I’m asking this because everyone is missing the point of my question and rather raising the topic of a CR1 when I stated that I don’t want to wait for another year or more when I know the stress it will bring K1 or CR1 inevitably it’s still my choice to make and like I said before my marriage to him will be invalid if the cultural way is not respected 

Your question is: will the K1 be denied because of the prior K1 my partner had? 
Answer: Most likely not but no one can tell you YES or NO either way because we are not the CO adjudicating the case.

The side note is: if it is denied you’ll have to go with the spousal. so, if you’re worried about denial GET MARRIED and then you got some extra (unwanted) advice on why spousal is better. 
It seems like you’ve already made up your mind and are going with K1 even if you’re told this second K1 would be denied 100% so not sure why you asked the question.

Anyway, I’ve said all I can and don’t feel I can contribute further.

I truly wish you good luck, a speedy process with no issues and a seamless transition to the US. And SA is amazing I’m sad you have no desire to move to my country.