OK here's my question,my Fiance and I are having serious problems right now.I got my Visa in April and will be flying out next week,BUT-I already know that I will not marry him within the 90 day period and WILL leave the US after being there for five weeks.
I have to take care of some personal stuff here in Germany before I can Immigrate to the US (stuff that was unexpected),my Visa is valid until October and even if we would get married we wouldn't have enough time to get AP,but I HAVE to be back here by September.
Would it be possible for him to apply for another K1 for me? And whats the chances of that getting denied?
The problems we have to deal with came up due to me not being able to get out of my lease here,my son having to start school here in September (since I can't get out of the lease and do not want to abandon my place and face legal issues we would have to stay in Germany until December and school starts in Sep).
A k3 is not an option either because of some German Laws, which I will not get into detail about .
So can someone please let me know if it is possible to file a second 129 F and how good is the chance for that to be approved in the second attempt?
Thanks
Nat

So sorry to hear that, it sounds like a very difficult boat you are in.

My advise would only be this one thing.
1. Try and figure out if you can file for an extension.
2. Find out if there are other possible routes by contacting the Embassy or the USCIS.

Sorry to hear of the problems...

You should have no problems filing a second K1 petition but make sure you document the details of why you could not marry w/in the 90 days which is the primary purpose of the visa. Save any details and correspondence regarding the lease, school for your child etc.

On a secondary note if your problems are with society issues and not your fiance then it is possible to marry and fulfill the K1 visa requirement and then either get an advanced parole document via the infopass feature with the local US office or have the AP requested on your behalf and sent for pick up at your US local embassy in Germany.

As a last resort you can always adjust status at the consulate level (not recommended) but understandable if you MUST return to your home country to deal with such serious issues.

Point is you have options, not just redoing the K1 which is possible.

Regards,
Robert and Masha

If I'm understanding correctly, your current plans are for you to fly out on a K-1, visit for 5 weeks, and then return unmarried? If you already know you aren't going to get married, I'd highly suggest not entering with the K-1 visa. It would only make future visa (and entry) attempts potentially
more difficult. Instead, just let it expire and "try again later". Otherwise, as Dave suggested, contact the embassy about extending the expiration date (don't bet on it happening, but won't hurt to try).

Filing another K-1 is definitely possible (though I believe an extra waiver would be needed if you do it within a couple years of the first one). The second visa application might be scrutinized a little bit more (maybe even a lot more if you misuse your current K-1).

Seems like there might be a way for you to work something out that would meet the current K-1's guidelines, though I'm a bit confused reading your post, (but maybe that's because it's past 4AM here).

For instance, when does your lease expire? December? Would it be possible just to pay your rent up to the lease expiration? Why can't you "get out" of the lease? Re-read the lease in detail. Even if the landlord claims you "can't" get out of it, there must be an escape clause, or look into some legal mechanism you can use to get out of your lease. Maybe even try to find someone to take over your lease (leases are generally transferrable).

Your son must be not living with you and not planning to immigrate with you, so why is your attendance required in September for his return to school?

If you get married next week and file for AoS right away, you'd be due to get your AP by mid-September. Not soon enough?

Check into your lease. Check into what sacrifices you want to make in order to be with your loved one. Best of luck.

Regards,
-Jesse

Getting an AP at infopass is very hard. You must prove that a true emergency exists, and have documentation with you. If she knows months in advance of this, then its not really an emergency, and getting this type of AP at infopass is unlikely. As is the reason of going back to Germany to deal with a lease, or some going back to school. Emergency AP at infopass is more reserved for like life & death situations.

About re-applying for the K1, I think your best bet would be to email the embassy and ask for an extention and explain your circumstances. Reapplying for a K1, your fiance would have to file a waiver (for more than one I129F within 2 yrs) and then you'd need more info & scrutiny at interview on why the K1 did work the first time around. Entering the US *knowing* that you are going to leave unmarried is kinda against the rules. The whole point of it is to get married. If you leave without marrying, and then try for another K1, you'll have to overcome the doubt in the CO's mind at interview, that on round 2 you will in fact get married. Definitely not impossible, just know that its will be a little harder, more *proof* than the first time around.

Germany is on the VWP, I think you'd be able to also enter without activating the K1 if you tell them at entry, that this is only a visit, not the real move. But I'm not 100% on this, so hopefully someone can confirm/deny that.

A friend of mine got emergency AP for his wife to accompany him on a business trip abroad. In this context, "emergency" just means, "We need it fast." but there are no gaurantees.

A second K1 will require an explanation of the circumstances surrounding the first one and perhaps some additional scrutiny of relationship bona fides.

OK seems like I need to give some more detail here.........
My Fiance expects me to just up and leave with nothing taken care of.I'm not willing to do that since I would face serious legal issues.
He makes enough money to cover my rent until my lease would be up ,but he doesn't want to do that as he rather spends his money on a new bike,gun and other toys.........
He also expects me to come to the US without Medical Insurance for my son and me,my son has ADHD and NEEDS meds ,also he is a kid and accidents do happen.........
James does not support me and my son finacially and never has,we live off of Unemployment since due to my son's ADHD and him being at a special Day acre I can't work here in Germany for the lack of fulltime DAy CAre for a child like mine.The only family I have here is my sister and she works fulltime so she can't take care of my son either.
The reason why I'm flying out is to see whether this relationship could be saved.I wish I could just use the VWP but I doubt that is possible.
James has always started going crazy after we haven't seen each other for a while and it happened for the 5th time now.
He all over sudden became terrified of making this commitment and left me out in the cold again.
I have to go overthere to check out whether it can or can not be saved.If nothing else than at least to get a clean cut to the whole thing.And since he loves his money so much I know that he will NOT cover my rent or other bills until my lease is up which means that I would depend on Unemployment,so therefor we can't get married as by German Law he would have to fully support me finacially and I would no longer be eligable for Unemployment checks.
Unfortunatley James did not let me know about getting cold feet until AFTER the Interview........so now I'm the one that has to deal with it and to be honest I'm GLAD I did not cancel my lease any earlier cause now I at least have an apartment to go back to.

Are you SURE that you want to marry this man? The K1 visa is not a trial run, it is a fiance(e) visa designed for people who WANT and WILL marry their fiance(e). You may need to do some serious thinking about this.
Good luck.

The only possibilities I can think of are,
1. trying to get an extenstion due to your special case or
2. having to wait another 6-8 months for another K1.

Let him make the trip over to Germany. Why does it have to be you that has to go over? I would tell him get his finger out his arse one way or another. A realtionship should be 50-50.

I agree with William Wallace. If this coming trip is simply to sort out your relationship then get him to come to you. If he refuses to then you need to accept that this relationship isn't worth trying to hold onto. Your fiance sounds incredibly selfish - I imagine he'll be exactly the same if you ever marry.

My thoughts exactly. I realize it's not my place to evaluate your relationship, but in just a couple paragraphs, you spelled out some VERY MAJOR relationship red flags. Living in America without health insurance, for example, should be avoided at all costs. Anyone who's familiar with how ****ed up our medical industry is should know that.

A good husband would put the well-being of his family first!!!! Plain and simple...

Instead of intentionally abusing the K-1 visa, I'm with William and English: maybe he can Trek out to see you?

In the cases where people are hurt in an international relationship, it's much worse than being hurt by someone "local" playing with your heart (and that can be devastating). Tread with caution!

Best of luck to you and your son in whatever you decide.

Well,as I said before I would REALLY prefer not to use the K1 for this trip next week but I doubt seriously that I could get a VWP entry with a valid K1 in my passport.I will try and do that but I doubt it will work.
Other than that,I am seriously thinking about whether I really want to marry him ,that's why I cancelled the flights in April when he thought he had to put his foot down,this time my bills are caught up and I have a place to come back to.
My son was completley devasted when I told him we're not going at all,and due to his ADHD Condition it really effected him a lot.My best friend lives around the corner from my Fiance and my son loves her and her family very much,so even in case it does not work out,at least my little boy will get a break from this rollercoaster ride and have five good weeks........
I will tell JAmes exactly what I expect from him and if he's not willing to do that,like come to Germany in September when he's off for 30 days ,get Maedical Insurance for us and stuff like that,then this relationship IS over.
But after three years I at least need to see IF there's anything left to work on.
Nat

Natasha,
By the way you describe your fiance, I'm not sure if this is a man with cold feet, or a man that could care less. If he values your relationship and would want to work on it, knowing you have a son with a medical condition, he should make accomodations to make this move more comfortable for you guys. While it seems he's making it rougher than should be... kind of like to discourage you from coming.

Are his bikes, guns, toys more important than his new family? It seems he has his priorities all messed up from the get go. Somethings you can work on to get through, but lack of respect may lead to an abusive/careless relationship. Please be cautious so that you and your son are taken care of.

Also, since your son has gone through this roller coaster, thinking he was coming here, then not, I think the 5 weeks may do it to him again when you guys leave to go back to Germany. Personally, I think this is a trip your fiance should make to see you guys.

You are leaving your home, your country, your family, everything familiar to set up a life with him. If he cant get basic necessities like insurance and ensure your financial support in the beginning, then he's not a man, but a boy with toys. And perhaps he's right, he's not ready for a committment.

Girl, I don’t know you, don’t know anything really about your relationship, but based on what you’ve told us, RUN! Run for the hills. If you knew what other fiancés have done for their significant others, the hoops, the insanity, you would demand nothing less from James. Moreover, if this man isn’t making any sacrifices now, he sure as hell will not make any when you are here…sink or swim baby (and let me tell you, America is not the place to try that in). If you have a comfortable life in Germany, enjoy it. You and your son will not be entitled to anything here. This country is not worth it…not for the potentially terrible life that you are about to face with him.

Just ask yourself one question: If you had a girlfriend who told you all of this was happening to her, what would your advice to her be?

This is one time where all the writing is on the wall, and if you choose not to read it…well then, and I say this with the utmost respect, you’re insane.

Good luck to you and your son…and as the song goes, “Sometimes love just ain’t enough.â€�

You have 6 months to activate your K1 by entering the US. Make him go to Germany and then if things are good you can activate it or decide not to use it.

Is that because he is too cheap to buy it or he just doesn't have access to it through work? Your child could be uninsurable in the US without access to group insurance.

I can only imagine how hard this situation must be for you. You've been through so much with your SO and now that the finish line is near, things seem to be falling apart. I really feel for you.

If I were you I wouldn't go to the US, but let him come to Germany. Make it clear that he needs to make an effort to keep this relationship alive and to fight for you. If he's not willing to support you now, what will happen once you completely relocate to the US? You mention that he won't get insurance for you. What happens, God forbid, if you get into an accident or come down with some sort of illness that requires long-term treatment? Who will pay for that? Will he leave you standing out in the rain then as well?

Bottom line is, it's time for him to step up to his responbilities. He's been married before and he's not a kid anymore (at least as per his passport). Tell him what you expect from him. I would put a letter together. That way you'll make sure you won't forget anything major and he can't cut off the conversation. I know you're facing a difficult decision, but IMHO everything happens for a reason and if this relationship doesn't work out, you will find someone else who really deserves you and who will be there for you. No matter what.

Try to cancel the flight (if the ticket is refundable one way or another).

I hope you'll find the strength to get through this difficult time!!

The German Embassy is extremely accommodating. IF you contact them and tell them you need to enter the US and not activate your VISA, they very well may "reapply" it after you get back. I've known a few others that had passed the interview, but asked that the VISA not be applied to the passport until they returned back from another trip.

Although your personal business certainly isn't any of my business, I hope you figure everything out that you are questioning, and really advise you not to enter into something you aren't 100% sure of....

Good luck!

Well, here is what I would do: I would tell him that you try to find someone to take over the lease so you an get out of it early, but if not, he will have to pay the rent until the lease is done.
Also, tell him he needs to come to Germany to spend some time together and to try to figure out, if you should get married at all.
If he isn't willing, I'd let it go for good.

How would he be willing to apply for another K-1 but not to help you out with the rent for a few months?

Do you really want to put yourself and your son in the hands of a guy who won't basically scratch his arse to help you both out during the transition?

I don't know what this guy is like, but if you were a sister or female friend of mine, I'd be saying "Think - then think again".

And, if he has money to spend on toys, he has money to spend on health insurance. If he's unwilling to prioritise correctly, well.....a tough decision might need to be made.

I would strongly advise you NOT to travel to the US on the K1, as that's a one shot deal only Ask if you can travel on the VWP instead.

I don't envy your situation, and I can only hope that this works out in whatever way is best for you and your son.

I'm sorry you're in this difficult situation and I hope you take the time to really think things through before you actually follow through with marrying this man.

I would agree with a post above about checking with the embassy in Germany to see if they can at least offer advice on traveling on the K-1 or VWP.

As for the medical insurance, is it that he doesn't have medical insurance through his job or that he actually refuses to add you to his insurance? I wasn't able to add my husband to my insurance until after we got married, so he was without for a few days. Even though your fiance's employer may provide him insurance at a reasonable rate, it may cost much much more for you and your son, in which case he should look at health care alternatives for the both of you.

I think your main concern right now is whether or not you can salvage the relationship. Do you know what happened in his previous marriage? Are there any similarities ?

What ever your decision, I wish you the best.

Girl, it just looks like you are determined to go to U.S. no matter what. I don´t see a reason why. Despite everybody here advising you not to do that you still keep saying you are going next week. So you are basically just asking, if it´s possible to get a K1 again. Well normally I´d say yes. In your case I have some doubts. It´s like when people ask if it´s ok to use a tourist visa for getting married - if you plan that then it´s visa fraud. So I think if you are planning not to get married on a K1 and even have a return ticket and plan to go back in 5 weeks, then I think that´s visa fraud too. I don´t know how you wanna explain that if you apply for K1 again. That´s one thing.
Second thing is: What do you see in this guy? Is he loving and caring and wants to do all the best for you and your son? Doesn´t sound like it. Is he gonna be by your side in good and bad? Sounds like maybe in good only. Everybody here can see that pretty clearly. At least from what you describe of course. Maybe you see some of it too since you are having your doubts. This guy sounds like tough to live with even if you have no problems. But you have your son that needs his health to be taken care of so you should think about him. Anyway, if you still wanna give this guy a chance then you should. But it doesn´t have to be on your expense. You having to activate K1 cuz of him and lie? No way. Tell him to take time off and go to Germany so you can spend some quality time together and resolve your issues. If he says no, then you know, where you stand. Good luck

Run.... Run like the wind.
It's all very safe and romantic and wonderful until the REAL responsibility comes into play.
Trust me, my friend... I've been in your shoes and your story struck at the very core of my heart.

There are good things waiting out there for you .... run.
Don't look back.

I am not going to reiterate the sound advice that has already been given on here, but I just do not understand why he cannot visit you in Germany. It sounds as if money isn't an issue, and it would be much easier for him to enter Germany on the VWP than it would be for you to get into the US on either the K1 or VWP. Also it sounds like getting time off (he has 30 days coming up...that is nearly unheard of in the US!) isn't so much an issue either.

If you can cancel the tickets, do try...even if they are not refundable you may get the difference (less the service fee) left over applied towards a future flight on that airlines.

But just put it in the perspective of what is best for your son, especially since he has special needs. Will this man be able to give your son the patience and understanding that an ADHD kid needs? I imagine it is a lot for you to deal with, and will be even more so for a man who has been single for the past several years and does not have experience w/ special needs children.

By the looks of her timeline, it appears the OP is already here and married.

I dunno. It says July 4th was when she was married, but the timeline hasn't been updated since May 21 and she hasn't been here since June 5. Looks like she probably wrote the wedding date back in May. Good luck either way to her.