applying for K1 visa the 2nd time

[claudinni 0]

Hi all,

before I place my questions , i need to explain you all my current situation.

I am Romanian citizen, 27 yrs old, I work for an American corportation home and I was about to get married with my fiance who was in the US navy 1 year ago. We did the fiance visa after 3 years of dating and seeing eachotehr ocne at 3-4-5months and i received it with none issues. Unfortunatelly, my fiance passed away in a car accident last year in May, 2 months before our wedding. I used the fiance visa to go to the funeral and returned home. Then I applied for a tourist visa and i got one with multiple entries for 10 years and went 2 more times to visit his family with whom I keep in touch.

I had an online friend whom i have talked to for 4 years and who is in the airforce. We always kept in touch even when i was suppsoed to get married to my fiance, nothing more just online friendship, usually when he was deployed in iraq because he went there a couple of times. This year i went to Disneyworld and we met there and we are together now. We fell in love and i really think i have a 2nd chance with a great person again.

We would like to get married even though we saw eachtoher only once , because we are in love. and we do not know what could happen next so we want to spend all the time we have together.

now what should we do to make sure we can phisically be together without any issues? We thought about him moving to Romania, marrying here and living here and he wants to do this, but for the next 3 years and some months we can not do this since he is in the airforce till 2012.

So what should we do?

1. apply for a fiance visa again? but lets be honest wouldn;t the guys from immigration or the counselor at the US embassy think that i want to move to USA so bad that this is why i date American citizens? I will be very honest to them and i have no hidden agenda, i love him like i loved my previous fiance, they are great people and maybe because they are military americans they are great but I do not want to live in USA, i just want to be with him nomatter where. But since I am eastern european and sicne some do marry or have fake marriages i do not want to be judged and denied my visa based on statistics.

While applying for the k1 visa, would i be allwoed to still travel to USA on my tourist visa? It is very important that i go to his brother;s wedding in december and meet his family.

2. should we get married in romania? alot of documents are needed so he does not have too much leave to take when he is comming here next month, but we will postpone the marriage and do it here when he will come for more than 1 week , if this is the best option.

. My question now is, would it be the same issue with the spouse visa also? not be granetd sicne I already had a fiance visa? Also with the application for spouse visa could I still travel on my tourist visa to USA?

3. an option which i do not want but some advsie me to do is: enter with the tourist visa and marry there and apply for change of status, but this is illegal from what i know and i do not want risking in not being able to return to my home country and seeing my family because once returned i could not get back to USA and see him anymore. I do not want to have to choose between seeing my family or seeing my boyfriend/future husband, I want to be sure i can go and visit my family if we stay in usa and also if he gets stationed in europe as he wants, i can go tehre with him and after that return to USA with him/

Could you pls advise? I know i gave alot of information but we really want to be togetehr as soon as possible and not be apart too much.

thank you

Claudia

[SterlingGirl 1]

I have no advice on your present situation, but I'm so sorry to hear about your fiance. That would utterly destroy me.

[KimandRuss 0]

It's up to you what choice you make. A K1 will be fastest. Your former petition wont matter in the big scheme of things. Just be honest and explain the situation. You're not the first to be petitioned more than once.

As far as #3 goes. Nobody in their right mind would advise you to enter the US on a visitor's visa with the intention of marriage and adjust status. At your AOS interview, the burden of proof is upon YOU to prove you did not enter the US with the intent to immigrate. If it is proven you did you will face a ban. Sure people have done it... but why face that kind of risk???

[claudinni 0]

It's up to you what choice you make. A K1 will be fastest. Your former petition wont matter in the big scheme of things. Just be honest and explain the situation. You're not the first to be petitioned more than once.

As far as #3 goes. Nobody in their right mind would advise you to enter the US on a visitor's visa with the intention of marriage and adjust status. At your AOS interview, the burden of proof is upon YOU to prove you did not enter the US with the intent to immigrate. If it is proven you did you will face a ban. Sure people have done it... but why face that kind of risk???

thank you so much for the reply, till now i only received replies on yahoo that i am afetr US citizenship which just hurt and are so untrue. I am glad we stand a chance and yes i will defenetly not get tehre as visitor and stay, no way, i will not risk that.

[KimandRuss 0]

K1 is your best option usually because your fiance can keep domicile and his job in the US as you await the petition. As you know, support is a big issue for the government. If you look at the example forms (above) and read the guides it will be easy enough for you to fill out the forms accordingly and provide the information they will need.

You've found a great resource in VJ... use it!

good luck

[claudinni 0]

I have no advice on your present situation, but I'm so sorry to hear about your fiance. That would utterly destroy me.

my fiance was the best man ever and noone will ever be like him, NOONE. i was destroyed and still think of him, but my current boyfriend is very patient and understanding and he knew about him which makes me confortable in talking about him. That's why i love him too becauuse he dels with this and also says he udnerstands me and this is not too common.

[katiushka 1]

Hi Claudia, i am so sorry for what happened to you. just thinking on loosing my husband makes me want to cry. but you are looking forward and now things should be getting better.

my comments:

#1,3 despite i met some people comming on tourist visas and marrying, i would strongly suggest applying for a K1 again. you have a very good justification for doing it. About traveling with a tourist visa, you can keep doing it until your interview when they stamp tha K1 visa. i have been doing it, in fact i traveled back to Peru from the states 1 day before my interview. they put a big stamp on my tourist visa saying "canceled without prejudice" and then issued the new visa. At the PoE, ALWAYS be honest, you've been on the states before and dont have reasons to lie.

#2 depends of what you both want in the future. anyway getting a K1 or K3 i think it will be the same, the embassy already has your records.

best wishes for you.

[Nanusia & Lukaszek 0]

K1 is faster by a couple months. Since you got the 10yr tourist visa, you can continue visiting up until the fiance visa is granted. You most likely will have some explaining to do at the actual interview on what happened with the first K1, but just as long as you tell the IO what you said here, you should be fine.

Since you know entering on the tourist visa & marrying to stay & file AOS is illegal, don't do it. That is showing intent to immigrate and up for major problems at AOS interview.

Good luck

[claudinni 0]

Hi Claudia, i am so sorry for what happened to you. just thinking on loosing my husband makes me want to cry. but you are looking forward and now things should be getting better.

my comments:

#1,3 despite i met some people comming on tourist visas and marrying, i would strongly suggest applying for a K1 again. you have a very good justification for doing it. About traveling with a tourist visa, you can keep doing it until your interview when they stamp tha K1 visa. i have been doing it, in fact i traveled back to Peru from the states 1 day before my interview. they put a big stamp on my tourist visa saying "canceled without prejudice" and then issued the new visa. At the PoE, ALWAYS be honest, you've been on the states before and dont have reasons to lie.

#2 depends of what you both want in the future. anyway getting a K1 or K3 i think it will be the same, the embassy already has your records.

best wishes for you.

hello,

muchas gracias pr tu respuesto tambien,

Last year when teh tragedy happened, i didnlt tlak fro 2 months but i was lucky enough to find a good shrink and i did feel alot betetr afetr 7 months of treatment. My actual boyfriend supported me also by talking to me and also my fiance's family supported me too. I never thought i could be happy again and now i am again so, i am very gratefull because it happened when i least expected and i am also happy i do not feel guilty anymore like i felt when i dated my boyfriend.

I am happy i joint this forum now as i still forsee some hope. I know my situation and i will be very honest in any way, I believe we do deserve 2nd chances and god gave me my 2nd chacne with anotehr great person, but I also udnerstand teh US counselor point of view in seeing me as anoterh eastern euroepan girl who probably wants to just move to usa.

i have taken the decision to not go to usa on my tourist visa and marry there and yes whenever i entered usa as a tourist i always told them the truth and were honest. this year i did tell them my visit was to a friend i talked to for 4 years and who i was going to visit and then my fiance's family and the Poe officer was very ncie and understanding and let me in, having stamp for satying even the max period of 6 months even though i stayed tehre only for 3 weeks on vacation. At the time when i went to usa in june i was only friend to my actual boyfriend but now things have changed and if i am denied the fiance visa, as much as we don;t like it, we will wait 3 more years till he gets out of the airforce and then can move ehre with me in romania.

i wish you all the best too and thanks for the all the info

[claudinni 0]

K1 is faster by a couple months. Since you got the 10yr tourist visa, you can continue visiting up until the fiance visa is granted. You most likely will have some explaining to do at the actual interview on what happened with the first K1, but just as long as you tell the IO what you said here, you should be fine.

Since you know entering on the tourist visa & marrying to stay & file AOS is illegal, don't do it. That is showing intent to immigrate and up for major problems at AOS interview.

Good luck

thanks alot for your feedback also

no, i will def not come to us with the tourist visa and stay. i am glad i found outthat if we apply for the fiance visa even if it is accepted or denied i can still visit him with my tourist one.

[*Robert* 2]

Claudia,

You should not have any problems no matter which path you choose. The fact that you received a K-1 in the past, along with currently holding a B1/B2 visa shows you are in good standing with the DoS and DHS.

As long as you are open and honest, you will sail through the process!

[jimmynuetron 0]

Yeah I would be real careful with that one. Especially the fact that out of the 7% of eastern europe/ American marriages that actually work they will look at your intentions real deep. I would def not purse the tourist visa thing and do the right thing and go with a K1 or even a k3 if he visits you and marries you in Romania.

Good luck