Reapplying for a K1 Visa???

[VetsWife328 7]

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

[BigCityDave 0]

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.

[Robert and Masha 0]

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

[Jesse and Hema 2]

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

Edited June 1, 2008 by Jesse and Hema

[Nanusia & Lukaszek 0]

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.

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.

[pushbrk 12,150]

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.

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.

[VetsWife328 7]

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.

[bora bora 1]

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.

[BigCityDave 0]

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.

[william_wallace 8]

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.

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 ####### one way or another. A realtionship should be 50-50.

[English Muffin 59]

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.

[Jesse and Hema 2]

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.

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.

Edited June 1, 2008 by Jesse and Hema

[VetsWife328 7]

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

[Nanusia & Lukaszek 0]

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.

[Staashi 371]

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€

Edited June 2, 2008 by Staashi