What if you don't get married?

[Farsider 7]

This might seem like an absurd question, but . . . my fiance came to the U.S on the 90-Day K1 Visa. Everything was wonderful between us - and my relatives all love her dearly - and our plans were to get married, of course. But extenuating circumstances came up within her family and we really had no choice but for her to return. I will not go into the specifics of her family situation as it is a private matter. But suffice it to say that our decision was difficult to make - but it has turned out to be the right decision. We are thinking that in a year or so I will just go to the Philippines and marry her there. Then we can go the Spouse Visa route. We know one other couple who did exactly that... first she came to the U.S., but they did not get married. Later, he went back to the Philippines and they got married there.

But I am still wondering . . . is it possible to do the K1 Fiance Visa again?

Thanks, --- Farsider

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[canadian_wife 1,795]

As long as you aren't married and you meet the "met within 2 years" requirement, sure you can go for the K-1 again. Or you can get married and file the I-130

Good luck.

[Bernie C 24]

Sure it's possible. I know of another case that involved Merrytooth from Singapore. She had to return to Singapore due to some emergency and they were able to get a reissue of the K-1. She just recently arrived back in the US and everything worked out!

Not sure what the timing of your circumstances but maybe if things are within the allowable timeframe that could be an option for you to look into. I dont know all the details, just that we tried to give her some moral support and everything ended up working out.

You may be able to do a search by posts from Merrytooth to find more info or possibly send a PM.

I hope everything works out for you both, I can imagine how difficult it was to make that decision after coming all the way. The good news is now that you;ve been through it once you know exactly what is involved and you were successful. Just keep maintaining all your proof of relationship as things proceed and our best wishes go out to the both of you!

[Farsider 7]

I appreciate the replies... very encouraging. (We had heard a comment from someone recently that once a person is granted a K1 Visa, then come to the U.S..... then end up not getting married, well... that was their "one shot" and they can't do it again. So far I have not found anything to substantiate that, and these replies on this board so far are encouraging!).

Thanks again, --- Farsider

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[VanessaTony 3,567]

There is a timeline for how long between you can apply for fiance visas... but i can't remember the details exactly.

The CR-1 is cheaper and far superior in my opinion (even after doing K1 I believe this). She would get a greencard immediately on entry so if she needs to return home again she can. It also means you don't need to worry about the time between the first and second K1.

I would marry her when you visit the Philippines and go the CR-1 route.

Best of luck

[Ladylethal 12]

If she didn't overstay and left within those 90 days you can reapply with the same beneficiary for sure, you'll just have to substantiate why you didn't get married on the first visa and show them the relationship is indeed real.

[JimVaPhuong 4,863]

There is a timeline for how long between you can apply for fiance visas... but i can't remember the details exactly.

The "details" are the IMBRA filing limitations. If you've filed two or more K1 petitions within the past 10 years, or had a K1 petition approved within the past two years, then you need to ask for a waiver of the filing limitations when filing the I-129F. Those waivers are usually granted, unless the petitioner has committed a "violent offense against a person".

Anyway, it's summarized in step 2, part 2, of the I-129F instructions.

[papart_banks 0]

I know what you mean! My fiancee was ready to take the medical,interview and something came up (family problems). At first I was mad about it,but now I realize things happen. I will go to the Philippines to get marry. I never thought this would happen. Long distant love you need alots of patience..

This might seem like an absurd question, but . . . my fiance came to the U.S on the 90-Day K1 Visa. Everything was wonderful between us - and my relatives all love her dearly - and our plans were to get married, of course. But extenuating circumstances came up within her family and we really had no choice but for her to return. I will not go into the specifics of her family situation as it is a private matter. But suffice it to say that our decision was difficult to make - but it has turned out to be the right decision. We are thinking that in a year or so I will just go to the Philippines and marry her there. Then we can go the Spouse Visa route. We know one other couple who did exactly that... first she came to the U.S., but they did not get married. Later, he went back to the Philippines and they got married there.

But I am still wondering . . . is it possible to do the K1 Fiance Visa again?

Thanks, --- Farsider

___________________________________

[baron555 934]

This might seem like an absurd question, but . . . my fiance came to the U.S on the 90-Day K1 Visa. Everything was wonderful between us - and my relatives all love her dearly - and our plans were to get married, of course. But extenuating circumstances came up within her family and we really had no choice but for her to return. I will not go into the specifics of her family situation as it is a private matter. But suffice it to say that our decision was difficult to make - but it has turned out to be the right decision. We are thinking that in a year or so I will just go to the Philippines and marry her there. Then we can go the Spouse Visa route. We know one other couple who did exactly that... first she came to the U.S., but they did not get married. Later, he went back to the Philippines and they got married there.

But I am still wondering . . . is it possible to do the K1 Fiance Visa again?

Thanks, --- Farsider

___________________________________

You CAN do the K-1 again but you can't get married until after she enters the US.

If you go and get married prior to her coming here, then you have to use the CR-1 visa route.

[Minya's wife 24]

When she came here on the initial K-1, did she leave within the 90-day window which was stamped on her I-94? It is important that she did not overstay...regardless of which which visa you chose to pursue. Any such overstay will be examined at the next visa interview she will have, and depending on the length, could make one ineligible for a visa. In such cases, depending on the length of the overstay, a waiver may be needed before the visa can be issued.

[Nik+Heather 121]

The "timeline" for K-1 reissuance has a lot to do with the time left from her first entry.

If she got here, stayed a couple of weeks then had to leave for a family emergency and was ready to come back in a few weeks, it may be possible to have the visa reissued by the consulate.

How long she stayed on the first trip and how the date of the first I-94 relates to the present date are two important pieces of information.

If you act fast, visa reissuance may be the fastest and most cost-effective solution to your problem.

[Farsider 7]

When she came here on the initial K-1, did she leave within the 90-day window which was stamped on her I-94? It is important that she did not overstay...regardless of which which visa you chose to pursue. Any such overstay will be examined at the next visa interview she will have, and depending on the length, could make one ineligible for a visa. In such cases, depending on the length of the overstay, a waiver may be needed before the visa can be issued.

Again, I say "thanks!" for all the great input. To answer this particular question (quoted above)... she did not overstay. She returned approx. 1 week prior to the 90-Days expiring.

--- Farsider