Second K-1 Visa

[TBoneTX 45,324]

you should pay more attention.

The OP's username has also been "superlloyd," if anyone wishes to search his other posts. He's going to do what he's going to do, and without heeding us.

[Utha 10]

The OP's username has also been "superlloyd," if anyone wishes to search his other posts. He's going to do what he's going to do, and without heeding us.

I found his posts on "superlloyd". Let's just leave him alone then. He and his love one are mature enough to manage their own lives.

Edited January 8, 2011 by Utha

[pookaphilus 12]

The OP's username has also been "superlloyd," if anyone wishes to search his other posts. He's going to do what he's going to do, and without heeding us.

:thumbs: ...for sure he will..I've read about his past topic regarding his question if he would be qualified for filing a fiance visa even if his ex-wife has a restraining order on him from 10 years ago when he pleaded guilty to a charge of aggravated assault...I hope he was able to find answer for that problem...so far, it really makes me wonder about the whole scenario..I would agree to James & Cynthia's post..It's sad to know that she used the other guy and you knowing that one and still wanna pursue her, is gonna be another "sad story" in the making...we are sad to hear stories like those & people here in VJ just don't want you to be another victim or another OP of a new "sad story"...God bless!!

[visawandering 1]

:thumbs: ...for sure he will..I've read about his past topic regarding his question if he would be qualified for filing a fiance visa even if his ex-wife has a restraining order on him from 10 years ago when he pleaded guilty to a charge of aggravated assault...I hope he was able to find answer for that problem...so far, it really makes me wonder about the whole scenario..I would agree to James & Cynthia's post..It's sad to know that she used the other guy and you knowing that one and still wanna pursue her, is gonna be another "sad story" in the making...we are sad to hear stories like those & people here in VJ just don't want you to be another victim or another OP of a new "sad story"...God bless!!

as is evidenced through my subtle allusions to the 'arrangement' of the K-1 visa petitioner with a member her family, he is not a man in love. and, as i have said, none of this was planned. these are the parts where you should pay more attention...

[visawandering 1]

this forum has been a huge dissappointment. very few people made any effort to actually answer questions i asked. i received judgements, misinformation, questions, assumptions and answers to things i did not ask. it is shameful and disheartening.

[Maggie'smom 3]

this forum has been a huge dissappointment. very few people made any effort to actually answer questions i asked. i received judgements, misinformation, questions, assumptions and answers to things i did not ask. it is shameful and disheartening.

I am sorry to hear this but, everyone is sharing their ideas based on experience and voicing out their opinion. I believe that most of the advices that were being offered can actually be very very helpful to you. Let me remind you the reason for VISAJOURNEY'S b] existence- is for all of us to be helping each other. Like your fiance, I did not have a very happy experience with my previous petitioner as well, but the visajourney family was very helpful. Me and my current fiance didnt have to consult an immigration lawyer about our case anymore because we found all the answers here at Visajourney. I made a lot of friends on here who are sincere and always willing to help. The forums, topics and posts were very informative and useful.

So take time to do some research about what you should do with regards to your situation. I guess it is not best anymore for you to ask people for their ideas or opinion because none of them would really matter to you anyway.

Good luck on your journey and God bless!

Edited January 8, 2011 by pinky&danny

[visawandering 1]

I am sorry to hear this but, everyone is sharing their ideas based on experience and voicing out their opinion. I believe that most of the advices that were being offered can actually be very very helpful to you. Let me remind you the reason for VISAJOURNEY'S b] existence- is for all of us to be helping each other. Like your fiance, I did not have a very happy experience with my previous petitioner as well, but the visajourney family was very helpful. Me and my current fiance didnt have to consult an immigration lawyer about our case anymore because we found all the answers here at Visajourney. I made a lot of friends on here who are sincere and always willing to help. The forums, topics and posts were very informative and useful.

So take time to do some research about what you should do with regards to your situation. I guess it is not best anymore for you to ask people for their ideas or opinion because none of them would really matter to you anyway.

Good luck on your journey and God bless!

So, you had to apply for a second K-1 visa? Can you tell me more about your experience, please. I have been waiting for someone with first-hand knowledge of something similar.

[jrmejia 31]

You have met the requirements to file an I-129F petition. Presuming you handle the paperwork properly, there's no reason the petition would not be approved. I think the situation will be far different at the US Embassy in Manila.

Honestly, based on what you've said so far, I don't think her chances of getting another K1 are very good at this point. If you and her explain the situation with the first K1 truthfully then it will be painfully obvious to the consular officer that she used the first petitioner to better her financial position for herself and her family. The first petitioner's actions would seem to confirm that he found out about her ulterior motive. I wouldn't be at all surprised if the consulate's Fraud Prevention Unit gave him a call and asked about what happened.

The reality of the situation is that she would have followed through and married this guy if he had shown up at the airport, just so she could get a green card and some financial security. This is the precise scenario they suspect when they investigate a relationship for potential fraud. They are almost certainly going to suspect that she's using you as her backup plan.

My recommendation is to give this relationship plenty of time to develop. If you start the immigration process before you've had a chance to collect a massive amount of evidence of a solid relationship then I believe you are almost certain to be denied a visa.

My two cents also

[Mariye & Ky 172]

How long should I wait to file the K-1?

Hello, I am very confused. I have read through this entire post and I thought the OP said in post #18 the following:

"From your replies, it is clear that many of you have not even read what I wrote. Our relationship was not that serious. It is only beginning to become serious. I have not decided to marry her. She has been here 60 days. She will leave before her 90 days is up. Your opinions on the situation unrelated to my questions are not helpful and ill-informed. I have not and will not go into detail about things that support what I have told you. I presented the situation as it is to seek advice on the visa, etc. Questioning the situation is not productive and very insulting."

Forgive me OP, and do not snap back and 'scold me' lol, but in this current post you are asking the VJ family "How long should I wait to file the K-1?"

You tell the VJ family "we should pay attention" but from your own words, not ours, it appears that you already have made up your mind despite your comment earlier. Are you [the OP] paying attention to what you are saying? This is what really matters here. Thus, we are not your future, you and your girlfriend, or girlfriend to be, are the important principals in the matter. You said you spoke to several immigration attorneys. Did they not give you sound advise with their experience in the field?

I am wondering aside from the answer that Jim gave earlier regarding your qualifying for required conditions for a K-1 Petition, what else is it that you want? No matter who you decide to marry, or not marry, I have to believe that the VJ family would only want the best outcome for you both. That being said...

Several have stated their opinion of developing your relationship over time and waiting to file. You already stated that you have quite a portfolio of evidence from a friendship, or "...relationship that was not that serious", to its current status. You said that she will return before the 90 days expiration date, and you cannot visit her until Jan 2012 (?). As you are a student, intellectually I am guessing you understand this will give you more time to develop your friendship to a more serious relationship, if that has not already happened; but I'd be questioning what about the relationship with the first K-1 Fiance? Who knows, you might just come into a windfall of $$$ before then.

The CO or USCIS believed she was in love with the first K-1 Petitioner and there has to be a signifcant amount of evidence in that file. Despite hurt feelings, even if he did not pick her up at airport, and cannot be found today (Are you sure?), none the less, how does anyone close and shut off supposedly strong emotional ties that quickly when they're about to make a very serious life commitment?

Just as you feel we are unclear, I think the presentation is also unclear.

I wish you both the best and good luck.

Mari

[visawandering 1]

Hello, I am very confused. I have read through this entire post and I thought the OP said in post #18 the following:

"From your replies, it is clear that many of you have not even read what I wrote. Our relationship was not that serious. It is only beginning to become serious. I have not decided to marry her. She has been here 60 days. She will leave before her 90 days is up. Your opinions on the situation unrelated to my questions are not helpful and ill-informed. I have not and will not go into detail about things that support what I have told you. I presented the situation as it is to seek advice on the visa, etc. Questioning the situation is not productive and very insulting."

Forgive me OP, and do not snap back and 'scold me' lol, but in this current post you are asking the VJ family "How long should I wait to file the K-1?"

You tell the VJ family "we should pay attention" but from your own words, not ours, it appears that you already have made up your mind despite your comment earlier. Are you [the OP] paying attention to what you are saying? This is what really matters here. Thus, we are not your future, you and your girlfriend, or girlfriend to be, are the important principals in the matter. You said you spoke to several immigration attorneys. Did they not give you sound advise with their experience in the field?

I am wondering aside from the answer that Jim gave earlier regarding your qualifying for required conditions for a K-1 Petition, what else is it that you want? No matter who you decide to marry, or not marry, I have to believe that the VJ family would only want the best outcome for you both. That being said...

Several have stated their opinion of developing your relationship over time and waiting to file. You already stated that you have quite a portfolio of evidence from a friendship, or "...relationship that was not that serious", to its current status. You said that she will return before the 90 days expiration date, and you cannot visit her until Jan 2012 (?). As you are a student, intellectually I am guessing you understand this will give you more time to develop your friendship to a more serious relationship, if that has not already happened; but I'd be questioning what about the relationship with the first K-1 Fiance? Who knows, you might just come into a windfall of $$$ before then.

The CO or USCIS believed she was in love with the first K-1 Petitioner and there has to be a signifcant amount of evidence in that file. Despite hurt feelings, even if he did not pick her up at airport, and cannot be found today (Are you sure?), none the less, how does anyone close and shut off supposedly strong emotional ties that quickly when they're about to make a very serious life commitment?

Just as you feel we are unclear, I think the presentation is also unclear.

I wish you both the best and good luck.

Mari

I can't be much more clearer than stating that my decision is not made yet. It should be obvious from me stating this that I am speaking in the hypothetical. All of this would be contigent upon the relationship continuing to develop and us being in the right mindset. If we were to go through with it and someone here presents factual information as to how long we should wait, etc., then I would follow that advise. You say that I am unclear, yet you present a perfect example of the problem when you state "(Are you sure?)". Some people make their own interpretations and conclusions. What I said is what id; no more, no less. Taking it at anything less than face value will lead to misunderstanding. If you don't believe what I say or understand written language well enough to catch subtext, then your contribution is very short of just that.

I very much like to plan ahead. I cannot visit here until then not because of financials, but because of my research contract.

[JimVaPhuong 4,863]

It's become obvious from reading your responses that you're not looking for advice or opinions. You're looking for reassurance, and you're only agreeing with members whose opinions are in alignment with yours. You're also reluctant to provide any detailed information, and then chastise people for offering opinions while not knowing the details. I'm having a really hard time figuring out what the heck you're looking for here.

The question of whether an I-129F petition can be approved is clear cut - it's a matter of meeting the statutory requirements, and you appear to have met those requirements. The only discretion an adjudicator has in determining whether to approve a petition is regarding the validity of the evidence provided. If the adjudicator believes the evidence is credible then they'll approve the petition.

The question of whether she'll be approved for a visa is a completely different matter. Some of the statutory requirements are clear, and she'll either meet them or not, but many of the requirements depend heavily on the discretion of the consular officer. Therefore, anything that anyone says about this is going to be their opinion based on the information you've provided. Those opinions are going to run the gamut, and you may agree or disagree with any or all of them, but it's not fair to criticize a member for offering an honest opinion, especially if their error was the result of you're not having shared the necessary information with them.

You may not like the fact that people are being judgmental about the situation your fiancee is in, but the cold hard fact is that the consular officer is going to be VERY judgmental about it. We're trying to look at it the way a consular officer would look at it. The bottom line is if she shows up at a K1 interview in Manila less than a year or two after getting a K1 through a different petitioner then her chances of being approved are very low.

BTW, the attorney who told you that you cannot be denied with a co-sponsor is misinformed. Consulates are specifically prohibited from applying INA 213A when considering an affidavit of support for a K visa. There is no statutory requirement for them to accept a joint sponsor, nor any guidance in the foreign affairs manual that says they should accept a joint sponsor. Many consulates rarely accept joint sponsors with a K visa, and there's ample evidence from members on this site that the Embassy in Manila accepts them only occasionally, and under specific circumstances.

[Mariye & Ky 172]

I can't be much more clearer than stating that my decision is not made yet. It should be obvious from me stating this that I am speaking in the hypothetical. All of this would be contigent upon the relationship continuing to develop and us being in the right mindset. If we were to go through with it and someone here presents factual information as to how long we should wait, etc., then I would follow that advise. REALLY? LOL... You say that I am unclear, yet you present a perfect example of the problem when you state "(Are you sure?)". Some people make their own interpretations and conclusions. What I said is what id; no more, no less. Taking it at anything less than face value will lead to misunderstanding. If you don't believe what I say or understand written language well enough to catch subtext, then your contribution is very short of just that. ... uh huh... look who's talking.... LOL LOL... sorry but read your own words ok? And try to play nice around here; nobody is here to fight with you, you ask us, it was not us who asked you. if somebody says they're confused, why get defensive rather, redirect and clarify so the readers can better understand? Throughout this entire thread there are several contradictions and maybe it would be wise to post when you're hypothetical situation is a reality?

cont. by OP: I very much like to plan ahead. I cannot visit here until then not because of financials, but because of my research contract.

This is the original #1 post: YOU SAID:

I have been talking to a filipina online for several years. Getting together/eventual marriage was only discussed as a possibility. Was this the part where it's hypothetical? She decided to marry another man and told me of this. I accepted the situation although her marriage was primarily for stability.

I am student, he makes a very good living. Also, I have yet to get the money to see her in person as well. I thought you just said it was because of your research contract but that says you do not have the funds to visit?

Although she had many reservations about the marriage, she came here to follow through with it. He did not show up to the airport when she arrived and was unavailable by phone. She called the only other person she knew in the country and I flew out to pick her up. She has been staying with me and decided not to marry the other guy. We have started dating. As long as things continue to go well, I believe we would like to get married. So again, you just said you have made it clear that you have not decided in post #18, but here you say "... we would like to get married"... hypothetically I guess, or pre-meditated since you also said you like to plan ahead.

She will be leaving before her 90 days is up on her K-1 visa. My quesiton is about the possibility of myself applying for a second K-1 visa for her once she returns. Maybe it would be better if YOU looked and did more research yourself at the USCIS website for K-1 requirements. As Jim said, you already met this requirement.

Since most of what the VJ folks said is not up to par for you, then maybe you can take the rest of these questions to your legal advisors and skip this thread. "Is this possible? Are there any actual examples of this being successful? Is there an issue with her deciding so quickly that he was not the right man for her, even though his behavior may have justified it. I feel like our meeting in person while she is on another person's K-1 will be a problem. Should I wait a specific amount of time to file the K-1 or will I be successful filing it immediately? Her first K-1 was filed in June of 2010. Should we reveal our prior relationship in our application or claim we met for the first time while she was here? I realize I have asked a lot of questions. Thank you in advance for your help."

This post has been edited by superlloyd: Yesterday, 06:29 PM **Are you superlloyd too? Or can somebody else edit your postings?

[mckay76 11]

Just my two cents, but if you have ALL the answers and are criticizing people when they give you advise then stop asking questions.

[LoveMyMiky 35]

The original posting as well as the poster’s responses are bizarre at minimum, if not just a shell game wasting and using the fine people who have actually tried to help. Pragmatically speaking it appears to be nothing more than a sham on one or both party’s behalf. Take it for what it is... and do with it what you like.

[SisJ 13]

....Reading this post was a good break from studying

...My two cents also....Just wait! Build your relationship with your love then file for her! Filing now = Denial= lossing money you already don't have. If you're both in love with each other, there's no reason to rush into something that has a 90% chance of ending bad....let her return to her home country and see how everything goes....if i were in you shoes, and this is just my advice, i'd think twice about having her take a letter from your lawyer to the embassy because it will def. mess up your chances of filing for her in the future for reason others have already stated....please think twice about your decision, listen to your brain and not your heart...Good Luck