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Posted

Yes, you can reapply for the same person. I don't know how soon though, seems like I saw a post in another thread saying there could be a law about a 2 year wait between applying for a K1 visa for someone again? Might want to be sure about this though!

Did your fiance overstay the 90 days or did they simply leave before the 90 days was up without marrying you? If they overstayed there could be problems as an overstay is illegal. If they did leave before the 90 days was up then there shouldn't really be problems but there may be questions as to what happened.

Naturalization

=======================================

02/02/2015 - Filed Dallas lockbox. Atlanta office.

02/13/2015 - NOA received

03/10/2015 - Biometrics

03/12/2015 - In-Line for Interview

04/09/2015 - E-notification for Interview Letter

05/18/2015 - Interview - passed!

Filed: Country: United Kingdom
Timeline
Posted
why would you do that? it's so easy to go down and get the marriage at least on paper

For one thing, it's not so easy to 'just get married' in some countries.

Also, in some countries, the wait for a spousal visa is twice as long as for a fiance visa. The Phils falls into that category, I believe (also Mexico, for anyone else reading).

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

She already went home, so now you should check for when you can file again, and you´ll prolly be asked why you didn´t get married, and it might be tougher the second time around.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Posted

why would you do that? it's so easy to go down and get the marriage at least on paper

For one thing, it's not so easy to 'just get married' in some countries.

Also, in some countries, the wait for a spousal visa is twice as long as for a fiance visa. The Phils falls into that category, I believe (also Mexico, for anyone else reading).

I think iceyspots meant "why did the couple wait the 90 days--and the non-USC leave--without at least registering?".

Point on K-3 vs. K-1 is valid--for the sub-continent, it's easily an order of magnitude longer.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

You're allowed to apply for a second K-1 visa for the same person if you didn't get married the first time... but you should expect a lot of questions about it because it's not a common happening. And alas the second visa won't be any quicker to get than the first one was - you have to repeat the whole process.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
the marriage didnt take place during the 90 days allowed to stay here on K1 visa and the fiance(e) went back to their home country.i was wondering if you can reapply for K1 visa for the same fiance(e).

A little more information is needed in order to properly answer this. Who many days were left on the K-1 visa before your fiancee returned to the PI? What was the reason for her return, family emergency?

If there was still sufficient time left on the K-1, it is possible to get the K-1 reissued, but you will still have the same number of days left on it as when she left the U.S., to get married and file for AOS.

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

Posted

ohh boy i would never be able to do this a second .if you do good luck

Interview date for jun26-2006 _ 03/13/2006 packet-4

fiance got her VISA on 06/26/2006 1:00pm

fiance wating for carta blanca/Permiso de salida from cuban Gov 07/2006

fiance receive carta blanca or exit permit from Cuban Gov 07/31/06

I am in the process to finalize everything and book the airline ticket one way to Miami baby

Fiance arriving on 08-22-06 From HAV,CUBA ....

Fiance arrive at Mia on 08/22/06 1230pm eastern

Mailed off AOS, EAD on 09/27/2006

package delivered at 5:21 am on September 29, 2006 in chicago,IL lock box

10/25/06 apply for SSN /she should be getting one in two weeks

11/01/06 receive email status from uscis Work auth is in the mail

Received NOA1 notices for AOS, EAD on 10/10/2006

Biometrics appointment on 10/21/2006 in hialeah Gardens,Fl

10/25/06 apply for SSN / should be getting SSN in two weeks

11/01/06 receive email status fromn uscis Work auth is in the mail

11/03/06 receive SSN number/car

11/06/2006 receive EAD CARD

11/06/2006 I-485 transfer to CSC Notice mailed welcoming the new permanent resident .I485 approved

green card in the mail on 11/29/06

Receive Green card/welcome letter 12/04/06 .I am done for the moment ,Thank Go

Mail I751 removing conditions on Resident card 08/25/2008

05/07/2009 permanet resident card in the mail I-551 GREEN CARD

07/03/2009 new greencard arrive good for ten years

Filed: Country: United Kingdom
Timeline
Posted
I think iceyspots meant "why did the couple wait the 90 days--and the non-USC leave--without at least registering?".

:thumbs:

Gotcha now, icyspots!

Maybe they were unsure about getting married then, but have worked it out now?

Thanks sriniv :)

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

it is a religion hindrance that's why the marriage didnt take place.i am in the process of indoctrination and we want to do it the right way meaning getting married inside the church not a civil rite ceremony.would you think this is a reasonable explanation if in case the consulate will ask the fiance(e) in their interview

Filed: Timeline
Posted
it is a religion hindrance that's why the marriage didnt take place.i am in the process of indoctrination and we want to do it the right way meaning getting married inside the church not a civil rite ceremony.would you think this is a reasonable explanation if in case the consulate will ask the fiance(e) in their interview

I'm sure the U.S. citizen can petition the same person again and a visa be issued if the person left the country right after the 90 days. However, with the Manila embassy being the Manila embassy I wouldn't be surprized if a question of using the K-1 for a tourist visa didn't come up.

You should have got married to satify the K-1 requirements and worked out the other stuff later.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted
it is a religion hindrance that's why the marriage didnt take place.i am in the process of indoctrination and we want to do it the right way meaning getting married inside the church not a civil rite ceremony.would you think this is a reasonable explanation if in case the consulate will ask the fiance(e) in their interview

How long did she stay in the U.S. before leaving? The full 90 days? This will look a little strange to the Manila Embassy that you should have already had your marriage plans in order befor her arrival, and known you needed to convert, not after she got here. When it comes to getting a visa, sometimes we have to make sacrifices, including wedding ceremonies. Having a legal marriage is different than a religious one.

I agree with mdyoung that you should have gotten the legal marriage taken care of, but that's all in the past now. 90 days is a long time to make all the necessary arrangements to get married.

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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