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Second K-1 Visa

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Filed: Citizen (apr) Country: Australia
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You have met the requirements to file an I-129F petition. Presuming you handle the paperwork properly, there's no reason the petition would not be approved. I think the situation will be far different at the US Embassy in Manila.

Honestly, based on what you've said so far, I don't think her chances of getting another K1 are very good at this point. If you and her explain the situation with the first K1 truthfully then it will be painfully obvious to the consular officer that she used the first petitioner to better her financial position for herself and her family. The first petitioner's actions would seem to confirm that he found out about her ulterior motive. I wouldn't be at all surprised if the consulate's Fraud Prevention Unit gave him a call and asked about what happened.

The reality of the situation is that she would have followed through and married this guy if he had shown up at the airport, just so she could get a green card and some financial security. This is the precise scenario they suspect when they investigate a relationship for potential fraud. They are almost certainly going to suspect that she's using you as her backup plan.

My recommendation is to give this relationship plenty of time to develop. If you start the immigration process before you've had a chance to collect a massive amount of evidence of a solid relationship then I believe you are almost certain to be denied a visa.

Unfortunately for you OP I have to agree with Jim. While you know the intimate details of her previous K1 relationship, and she does too, the CO can only rely on the evidence presented.

You knew her before she married this guy. You were serious about each other then you realised you couldn't afford to meet her, she had another guy in her life and she started the petition with him.

She would have to have presented evidence of their relationship to get the K1 visa, so again, not knowing the details myself, it appears she either lied to you and was involved with this guy while involved with you, or she lied to immigration to get the first K1 visa which means (to them) she's a liar.

Unfortunately the Philippines is a high visa fraud country and she's now got one strike against her. Getting a visa in PI is apparently quite intense, their relationship obviously passed scrutiny and it will most likely be looked at again when you apply for her, to see what red flags they missed, making your K1 path a long and difficult one.. at least right now.

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Filed: AOS (apr) Country: Indonesia
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I have been talking to a filipina online for several years. Getting together/eventual marriage was only discussed as a possibility. She decided to marry another man and told me of this. I accepted the situation although her marriage was primarily for stability. I am student, he makes a very good living. Also, I have yet to get the money to see her in person as well. Although she had many reservations about the marriage, she came here to follow through with it. He did not show up to the airport when she arrived and was unavailable by phone. She called the only other person she knew in the country and I flew out to pick her up. She has been staying with me and decided not to marry the other guy. We have started dating. As long as things continue to go well, I believe we would like to get married. She will be leaving before her 90 days is up on her K-1 visa. My quesiton is about the possibility of myself applying for a second K-1 visa for her once she returns. Is this possible? Are there any actual examples of this being successful? Is there an issue with her deciding so quickly that he was not the right man for her, even though his behavior may have justified it. I feel like our meeting in person while she is on another person's K-1 will be a problem. Should I wait a specific amount of time to file the K-1 or will I be successful filing it immediately? Her first K-1 was filed in June of 2010. Should we reveal our prior relationship in our application or claim we met for the first time while she was here? I realize I have asked a lot of questions. Thank you in advance for your help.

If she takes serious about her relationship with him, why she didn't find out about his reason to not pick her up in airport?. His home address or whatever it is must be there on her K1 application. Or she didnt know or didnt bring his? His family? His friend? There must be a way to find out what happend to him that made him didn't pick her up in airport. Let them finish their problem first so you can see about her commitment about a relationship.

I dont know the real situation but i think his fiance must spent a lot of time, money, and energy to get her here. Both of you have to appreciate and consider about his sacrifice. Three of you have to sit together. A good relationship can not be build on wrong way.

*K1 JOURNEY

2010-07-16****K1 Petition Sent Out

2010-08-08****NOA1 Hardcopy

2011-05-20****POE LAX

2011-06-20****Wedding

AOS:

2011-08-18****AOS Package Sent.

2011-09-29****Biometric Appt. Dover, Delaware

2011-10-18****RFE reply

2011-12-13****GC in hand

AP:

2011-10-31****File AP

2011-11-08****NOA1

2011-11-14****AP Approved

ROC:

2013-10-22***Package Sent

2013-11-03***Check Cashed

2013-11-05***NOA1
2013-11-25***Biometrics

2014-02-06***GC in hand dancin5hr.gif

5b904a1af6.gif

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Filed: Country: Philippines
Timeline

If she takes serious about her relationship with him, why she didn't find out about his reason to not pick her up in airport?. His home address or whatever it is must be there on her K1 application. Or she didnt know or didnt bring his? His family? His friend? There must be a way to find out what happend to him that made him didn't pick her up in airport. Let them finish their problem first so you can see about her commitment about a relationship.

I dont know the real situation but i think his fiance must spent a lot of time, money, and energy to get her here. Both of you have to appreciate and consider about his sacrifice. Three of you have to sit together. A good relationship can not be build on wrong way.

From your replies, it is clear that many of you have not even read what I wrote. Our relationship was not that serious. It is only beginning to become serious. I have not decided to marry her. She has been here 60 days. She will leave before her 90 days is up. Your opinions on the situation unrelated to my questions are not helpful and ill-informed. I have not and will not go into detail about things that support what I have told you. I presented the situation as it is to seek advice on the visa, etc. Questioning the situation is not productive and very insulting.

Edited by visawandering
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Filed: K-1 Visa Country: Philippines
Timeline

but she came on someone else's K1 visa? i read that that is not possible for AOS. her going back is the safest route. although i know a few friends of mine who did tourist and got married & did AOS inspite of most people say that its an immigration fraud, it did worked out for them. but this case is different coz the she came in for K1 and AOS can only be done with the original petitioner. well someone can correct me if im wrongwhistling.gif

RIGHT! :thumbs: The beneficiary should only marry the petitioner within 90 days after her entry to U.S., if not, then she should have to go back to her country, and then you can apply for a K1 for her.. there should be no problem.. there might be additional scrutiny upon her interview, but all she has to do is answer all interview questions truthfully.

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Filed: K-1 Visa Country: Jamaica
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Hi,

My fiance Natoy had a dream that I didn't come pick him up at the airport, :rofl: but believe me, there is no way in this world I won't be at that airport with a huge sign thats says, WE DID IT BABY! How wierd it is that he had her fly here and at the last minute didn't pick her up. That is just evil. I think your only chance would be to let her go home and wait 2 years before you file for her again. Even then it would probably only work if you met her for the first time in the US when she was here. Then a year later after remaining friends you both decided to take the relationship further. Were you both in the same area, or did you have to travel far to pick her up when she got here? She probably should have called police and had them help her get back home right away and file a report. She probably could have pressed some kind of charges against her fiance and he may would have had to pay for her flight home ect. I never heard of someone not coming to pick up there fiance(e). How could he do that to someone he supposedly loves? Nobody is going to believe that they were in a real relationship. Unfortunatly she will have a lot of explaining to do.

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Filed: Country: Philippines
Timeline

RIGHT! :thumbs: The beneficiary should only marry the petitioner within 90 days after her entry to U.S., if not, then she should have to go back to her country, and then you can apply for a K1 for her.. there should be no problem.. there might be additional scrutiny upon her interview, but all she has to do is answer all interview questions truthfully.

How long should I wait to file the K-1?

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Filed: Citizen (apr) Country: Ecuador
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Sorry to perceive that you're becoming defensive. In reading your original post (three times, and very carefully), I truthfully believe that the replies have been respectful and have chiefly focused on exactly what you asked. Those by Jim and Vanessa (two highly respected, very sensible VJ members) are especially worth your consideration.

The Philippines is a third-world country, and the consular officers there are exceptionally attuned to anything that smacks of fraud -- or, if that term is too strong, call it "monkeyshines." Having been through what I myself have been through, and having consulted at least a dozen family-immigration lawyers about real and hypothetical situations, I can offer to you the objective advice that it will probably take a few years and certainly require copious, unimpeachable "evidence of bona fide relationship" before you would have a chance that your approved K-1 petition would pass muster at the consular stage. There are simply too many red flags at this stage -- not necessarily of her doing, and certainly not of yours. Objectively also, your financial status as a student would prove to be another hurdle; the Manila embassy is known to focus heavily on the ability to prove financial support in K-1 cases.

I think that everyone here is looking at that big picture, more than questioning anyone's motives. I join them in respecting the objective pickle that you're in.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Philippines
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Hi,

My fiance Natoy had a dream that I didn't come pick him up at the airport, :rofl: but believe me, there is no way in this world I won't be at that airport with a huge sign thats says, WE DID IT BABY! How wierd it is that he had her fly here and at the last minute didn't pick her up. That is just evil. I think your only chance would be to let her go home and wait 2 years before you file for her again. Even then it would probably only work if you met her for the first time in the US when she was here. Then a year later after remaining friends you both decided to take the relationship further. Were you both in the same area, or did you have to travel far to pick her up when she got here? She probably should have called police and had them help her get back home right away and file a report. She probably could have pressed some kind of charges against her fiance and he may would have had to pay for her flight home ect. I never heard of someone not coming to pick up there fiance(e). How could he do that to someone he supposedly loves? Nobody is going to believe that they were in a real relationship. Unfortunatly she will have a lot of explaining to do.

you got that right girlgood.gif

Earn a $15 Gift Card!http://refer.xoom.com/a/clk/2BjwkwUse ENJOYDEC code to send free :)

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Filed: Citizen (apr) Country: Ecuador
Timeline
How long should I wait to file the K-1?
Several years, after establishing yourself financially and accumulating copious, unimpeachable proof of a bona fide relationship.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Country: Philippines
Timeline

Sorry to perceive that you're becoming defensive. In reading your original post (three times, and very carefully), I truthfully believe that the replies have been respectful and have chiefly focused on exactly what you asked. Those by Jim and Vanessa (two highly respected, very sensible VJ members) are especially worth your consideration.

The Philippines is a third-world country, and the consular officers there are exceptionally attuned to anything that smacks of fraud -- or, if that term is too strong, call it "monkeyshines." Having been through what I myself have been through, and having consulted at least a dozen family-immigration lawyers about real and hypothetical situations, I can offer to you the objective advice that it will probably take a few years and certainly require copious, unimpeachable "evidence of bona fide relationship" before you would have a chance that your approved K-1 petition would pass muster at the consular stage. There are simply too many red flags at this stage -- not necessarily of her doing, and certainly not of yours. Objectively also, your financial status as a student would prove to be another hurdle; the Manila embassy is known to focus heavily on the ability to prove financial support in K-1 cases.

I think that everyone here is looking at that big picture, more than questioning anyone's motives. I join them in respecting the objective pickle that you're in.

I said most, not all.

Anything I haven't mentioned I have considered and accounted for. For example, the AOS, I would have a co-sponsor, of course.

I will retain an immigration lawyer and have copious amounts of evidence.

When you say it could take years...do you mean I should wait that long or they will hold the process up? What could they do to delay the process? Is that all it would be, a delay? Meaning, am I likely to get the K-1 approved after I jump many hurdles and endure scrutiny?

Edited by visawandering
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Filed: K-1 Visa Country: Philippines
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I said most, not all.

Anything I haven't mentioned I have considered and accounted for. For example, the AOS, I would have a co-sponsor, of course.

I will retain an immigration lawyer and have copious amounts of evidence.

When you say it could take years...do you mean I should wait that long or they will hold the process up? What could they do to delay the process? Is that all it would be, a delay? Meaning, am I likely to get the K-1 approved after I jump many hurdles and endure scrutiny?

you mean AOS now after her K1 entry to US?

how can you apply AOS for her if she is no longer marrying her petitioner?

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you mean AOS now after her K1 entry to US?

how can you apply AOS for her if she is no longer marrying her petitioner?

I believe he meant Affidavit of Support, since he mentioned a co-sponsor.

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

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Filed: K-1 Visa Country: Philippines
Timeline

I believe he meant Affidavit of Support, since he mentioned a co-sponsor.

ah okeyinnocent.gif

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Hi, I am a k1 filer from Manila, who just got recently approved. I agree with the part about it being hard since you are a student. I am 23 and my fiance is 22, we met on a school-exchange program, and he filed a k1 for me. He graduated from military school May 2010 and he started working afterwards in the National Guard and as a security guard as well. Because he just started working, we had no tax returns or anything, but we had his dad co-sponsor for us. He came to my interview, and it was just a few weeks ago. Almost got denied because he had a small salary ( just above the requirement) and we were told by the CO that they do not consider co-sponsor for k1... the only reason we were approved is because I showed my work experience in Manila and China as a speech therapist and showed my diploma for them to see that I do not intend for my fiance to support me since I will work once I get my GC. So it might be hard on your part, a co-sponsor will not be enough..

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Filed: AOS (apr) Country: Indonesia
Timeline

From your replies, it is clear that many of you have not even read what I wrote. Our relationship was not that serious. It is only beginning to become serious. I have not decided to marry her. She has been here 60 days. She will leave before her 90 days is up. Your opinions on the situation unrelated to my questions are not helpful and ill-informed. I have not and will not go into detail about things that support what I have told you. I presented the situation as it is to seek advice on the visa, etc. Questioning the situation is not productive and very insulting.

Sorry if my response is wrong but i did not mean to insult you. I read your post well and if you think what we say here is disrespectful, i think you have to ask a legal advice since it is serious situation. You can not just ask to people who even how many members here who is expert about it?. Good luck.

*K1 JOURNEY

2010-07-16****K1 Petition Sent Out

2010-08-08****NOA1 Hardcopy

2011-05-20****POE LAX

2011-06-20****Wedding

AOS:

2011-08-18****AOS Package Sent.

2011-09-29****Biometric Appt. Dover, Delaware

2011-10-18****RFE reply

2011-12-13****GC in hand

AP:

2011-10-31****File AP

2011-11-08****NOA1

2011-11-14****AP Approved

ROC:

2013-10-22***Package Sent

2013-11-03***Check Cashed

2013-11-05***NOA1
2013-11-25***Biometrics

2014-02-06***GC in hand dancin5hr.gif

5b904a1af6.gif

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