K1 Visa Reissuance & Overstay

[Jekt 0]

Hi all,

It's been a very long time since I've posted on this forum. I'll try to make a long story short because this has been a very long and very emotionally draining. I started K1 Visa Process in October 2014. It was completed with Visa in Hand around May 2015.

In July/August 2015, a lot of bad things happened and the relationship between my fiance and I was severely damaged. Needless to say it's been very devastating for me emotionally and even though a year has gone by I still haven't been able to move on. Apparently, she hasn't either. We were looking to do a visa re-issuance. The Consulate in Ukraine instructed me that basically the fiance needs to re do the interview, get police papers, medical exam and all that stuff. I need to provide a letter with intent to marry.

My question is what are the odds of the visa getting reissued? Should she be honest in the interview and explain that between finishing her masters degree in Ukraine and other factors, we had second thoughts about her coming to US but after some time realized that we still love each other through all of it and still want to be with each other?

Also, regarding the 3 month window which requires you to marry, what happens if you decide to get married later than that? What if you waited 5 or 6 months, can you get into a lot of trouble?

Thanks,

Chris

[RobertM54 36]

The 90 day window to marry is a firm requirement. It sounds like you may still not be sure.

Re-issuance may be OK. This is especially true if you have strong evidence of an ongoing and improving relationship. If you do not have this evidence, then I would have some concerns. It sounds like you went all the way through the process then she did not get on the plane to the USA. How of the "we" you mention above is really "she"?

[Jekt 0]

Actually it was me who told her not to come. She basically did something very shady which destroyed all trust and I just couldn't bring her here and marry her so soon after. The visa expired 5 months ago in March. A few weeks before the expiration date, I couldn't accept that it was really going to be over. Now it's been a year and I still can't stop thinking about her. She says she wants to be with me and will do the visa re issuance.

I'm not sure what evidence to provide of an improving relationship other than me going and visiting Ukraine in the coming weeks. The little communication we've had has been through Viber calls. The only thing I do have record of is emailing the consulate explaining that she is going to be late because she was finishing her masters. What if she misses the date and the instructed me to do visa re-issuance.

Edited August 24, 2016 by Jekt

[Unlockable 7,306]

Hi,

I remember you from your previous post. To answer your questions you will have to redo the K1 visa process and the odds of getting approve relies on your honesty and the proof that your intentions are genuine. Many people have second thoughts about immigrating. It happened to me and my wife where we had a brief separation (however, we didn't cancel the K1).

If you don't marry within the 90 days and remain in the US she will be an illegal. The risk to this is the possibility of deportation.

Now the thing that sticks out to me is the last question you asked about waiting more than the 90 days. You two still seem to have some doubts about this journey. You should really take some time and think about if you really want to do this instead of waiting to get here with a deadline looming over your heads. You can always marry in her in her country and go the spousal visa route as an option.

Good luck

[lost_at_sea 995]

The 90 days is fixed because the K1 is not a "come to the US and decide if you like each other enough to get married" visa. You can wait til the last day, but the next day she's out of status and illegally inside the USA.

Why don't you go visit in the Ukraine? Spend some time together and see how things feel?

[RobertM54 36]

Face to face time is very good. I'll send you a PM.

[Jekt 0]

Yeah I was planning on visiting.

The thing is that she destroyed trust and that's not something that can be built in 3 months but I can't stand being away from her any more and I do still love her very much. I never canceled the K1 Visa, she was issued a visa which is now in her passport. The thing is that it expired because I didn't allow her to come.

[EM_Vandaveer 2,368]

Although the requirement is to marry within 90 days, it is possible to marry later than that, but I-130 would have to be filed with AOS for an extra $420. Making it $1490 altogether instead of normal AOS for K-1 that's $1070.