K-1 visa approval for the 2nd time

[Shlikgirl 0]

Just wanted to ask, maybe someone will know what are the guarantees and processing time if the Petitioner has admitted form I-129F for the second time.

As the first K-1 hasn't been used and the fiancé left the country before it expired.

Thanks in advance.

[Georgia16 2,858]

If the first fiancé got the visa and entered the country then yes it was used. You just didn't get married and she returned home.

 

Make sure your now fiancé knows all about this as she can (will) be ask about it at the interview.

 

How long are there between the two?

[Shlikgirl 0]

I have left the country on Feb 17th. K-1 expired on Feb18th. And we have re admitted the I-129F application on Feb 23rd. 

Still waiting for the approval.

[Redheadguy03 505]

1 hour ago, Shlikgirl said:

I have left the country on Feb 17th. K-1 expired on Feb18th. And we have re admitted the I-129F application on Feb 23rd. 

Still waiting for the approval.

Doesn't matter. The k1 is a single entry visa, it you entered the country with a k1 visa then yes, you used it. 

 

Why didn't you get married the first time? Immigration will definitely ask about that. 

[Shlikgirl 0]

We didn't have enough time to collect all the needed docs. My fiancée sent the explanation letter to USCIS already.

[ddtenor2 80]

My fiancee left 2 weeks after entering the U.S. on his K-1 visa because of a family medical emergency.  I contacted the consulate in Brazil, and they were willing to reissue his visa provided he returned to the U.S. and we married before the expiration date of his original K-1 visa.  He wasn't able to do that, so we needed to begin the entire process for a new K-1 visa.  It made no difference in processing times.  I attended the second interview with him in Rio de Janeiro, and the consular official began the interview asking about the reason for a second K-1.  She was satisfied with our answer and actually said it was apparent our relationship was genuine and saw no need to continue with the interview.  His visa was approved within one  minute.

[Redheadguy03 505]

1 minute ago, ddtenor2 said:

My fiancee left 2 weeks after entering the U.S. on his K-1 visa because of a family medical emergency.  I contacted the consulate in Brazil, and they were willing to reissue his visa provided he returned to the U.S. and we married before the expiration date of his original K-1 visa.  He wasn't able to do that, so we needed to begin the entire process for a new K-1 visa.  It made no difference in processing times.  I attended the second interview with him in Rio de Janeiro, and the consular official began the interview asking about the reason for a second K-1.  She was satisfied with our answer and actually said it was apparent our relationship was genuine and saw no need to continue with the interview.  His visa was approved within one  minute.

That's a legitimate reason though. I'm just saying they'll definitely ask if you're filing for a second time. 

[Ben&Zian 4,397]

As above, same beneficiary or not, processing time is the same as before or whatever the current state is, plus still need to complete all the requirements again (medical interview, ect).

[Georgia16 2,858]

6 minutes ago, Shlikgirl said:

We didn't have enough time to collect all the needed docs. My fiancée sent the explanation letter to USCIS already.

What documents couldn't be gathered in 90 days?

[Redheadguy03 505]

8 minutes ago, Shlikgirl said:

We didn't have enough time to collect all the needed docs. My fiancée sent the explanation letter to USCIS already.

You only had to marry within 90 days. You technically didn't have to file the AOS in 90 days. So, you had more time. I'm just saying the story sounds a little odd. 

[Dutchster 1,106]

Many people believe it's a requirement to marry and file adjustment of status within the 90 days, please remember that. You might know that's not the case, but some don't or didn't. That's how I see it in this case.

Edited May 31, 2017 by Dutchster

[Redheadguy03 505]

1 minute ago, Dutchster said:

Many people believe it's a requirement to marry and file adjustment of status within the 90 days, please remember that. You might know that's not the case, but some don't or didn't. That's how I see it in this case.

I'm aware not everyone knows. However, if you're going through this process then you should do your research. Even if you had to file within 90 days it's still doable. 

[Randyandyuni 2,682]

sometimes it isn't time but money that precludes filing AOS

[Andrea&Henry 311]

6 hours ago, Shlikgirl said:

Just wanted to ask, maybe someone will know what are the guarantees and processing time if the Petitioner has admitted form I-129F for the second time.

As the first K-1 hasn't been used and the fiancé left the country before it expired.

Thanks in advance.

would you please be so kind and explain more? sounds odd and confusing.

 

Are you the petitioner or the beneficiary?

 

So base on what you said, this is the second time US fiance sponsors a new k1 visa (is for the same beneficiary or a different one/)

 

When the 1st time around, did the beneficiary left under a valid reason that might help to the case? (like the death or a health of a relative for example)

 

Whether you are applying for same beneficiary or a new one...what's the time spam between the 2 cases?

 

I assume base on what you discloses, you didn't get marry right?

 

And just for information purposes: As many stated before, the visa (any visa) has just one purpose: allows your legal entry to the States regardless of the reason. So once the K1 visa holder steps a foot in US soil and is allow to entry, the visa automatically fulfill it's purpose. The k1 visa is a JUST 1 ENTRY type of visa, that's why the k1 visa holder CAN'T reentry the United States using the same k1 visa. 

 

It doesn't matter if you got marry or not, your fiance (or ex fiance) DID use the k1 visa

Edited May 31, 2017 by Andrea&Henry

[Umka36 781]

9 minutes ago, Randyandyuni said:

sometimes it isn't time but money that precludes filing AOS

Which is why anyone going through an immigration process should plan ahead? The AOS price shouldn't be a surprise. 

 

Beyond money, some folks do withhold filing the AOS to test their relationship. I've said this many times before, but they should just make a mandatory timeline to filing the AOS. It's stupid to allow/put the immigrant in limbo.