reapplying for K1 visa again

[snz1802 0]

I am in the process of petitioning for the same person a second time, but he never got to the USA the first time.....we stopped the process after the NOA2 due to other reasons, but you can petition for the same person another time, as long as they left the USA within the 90 day period. And I don't think the 2 year law applies when it is for the same person, I am not sure on that though, it has been over two years since our last petition, and we also applied before that new law was put into place.

[Aymerlu 3]

Sure you can re apply again with all the waiting again. If I had to do the waiting all over again, I would seriously end up in a mental hospital. No way I'd let those 90 days pass without getting married. Best of luck to you!

[iceyspots 0]

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).

The OP claimed that the SO recieved the K-1 visa but did NOT marry within the 90 day range.. that means they would be getting married IN america. This is not a K-3 visa.

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

Gotcha now, icyspots!

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

Thanks sriniv

A K-1 visa is not a "trial period to see if being together is going to work out" it is a non-immigrant visa for a SPECIFIC intent, being that they have an intent to marry. So if they did not marry within that 90 day mark, then the visa was used for some other reason. Immigration doesnt take lightly on people being finicky.

[CJ&Jum 0]

Here are my ramblings on this topic:

The K-1 fiance(e) visa is approved with one of the major requirements of showing that the foreign beneficiary and U.S. Citizen have a bona fide intention to get married. While it may be personal opinion, marriage is both a legal and ceremonial/religious union and without getting into the debatable topic, marriage, in its various forms, is still considered "marriage" for the sake of the parties involved whether it is on paper or through ceremony. Some, therefore, decide to hold off on this union.

Within the boundaries of the 90 day stay, there are no penalties for not getting married within this time period so long as the foreign beneficiary complies with immigration regulations in place at the time (i.e. leaves the U.S. prior to the 90 day timeframe).

Along these lines, if the intent of the application was determined (based on the subjective opinion of consulate officer/immigration official with consideration of the objective facts of the specific case) that the K-1 visa was used for the purposes of a tourist visa, or any other purpose other than the purpose of the K-1 fiance(e) visa, that would indicate actions that constitute visa fraud.

And yes, the immigration law does indeed state the following (note section B about waivers of this section):

214( d )

(2) 1bc/ ( A ) Subject to subparagraphs ( B ) and ( C ), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that--

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

( B ) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph ( A ) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph ( C ), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

(REFERENCE: http://uscis.gov/lpBin/lpext.dll/inserts/s...tm#slb-act214d)

While going through the process may not be the most ideal, a second petition for K-1 visa is not unheard of.

I have communicated with a number of individuals who have gone down this path of a second petition for a fiance(e) visa for the same beneficiary as the initial petition and were successfully granted a second K-1 visa. With this scenario, I would expect that the question of why marriage did not take place during the time of the first K-1 visa would be a question posed at the interview. If asked the question "Was the K-1 visa used as a tourist visa?" A reply of "Yes" would be an answer that I would not expect to lead to a favorable approval. A valid distinction of personal/family/business situation, with appropriate validity, would need to satisfy the consular officers determination of granting a second visa.

Good luck,

C.J.

Edited April 6, 2006 by CJ&Jum

[fpizza34 0]

A K-1 visa is not a "trial period to see if being together is going to work out" it is a non-immigrant visa for a SPECIFIC intent, being that they have an intent to marry. So if they did not marry within that 90 day mark, then the visa was used for some other reason. Immigration doesnt take lightly on people being finicky.

my fiance and I have been "together" for 2 years and have spent a total of 3.5 months physically together to avoid visiting TOO much. We are going for the K1 because because we do need a trial period...thank God they give us three months. This process wreaks havoc on a relationship. My fiance and I love eachother very much but we havent spent enough time living together obviously. I dont believe the government gives us the option of having a long term relationship opposed to marriage. Only other alternative is a visit every six months.

[mizz 0]

the fiance(e) left a day before the 90 day period ends.for that act alone,we didnt violate the law and regulation. do you guys think the consulate would accept religion matters was the issue why the marriage didnt take place? like what i've said, i'm in the indoctrination process of being converted into my fiance(e) religion.unluckily, my fiance(e) exited the US and im still in the process of indoctrination.