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ThomKimQC

K1 Visa situation

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Filed: K-1 Visa Country: Philippines
Timeline

Hi my fiance cousin K1 Visa was approved last June and she entered the US and was here with her to be husband for exactly 89 days and was sent back home to Philippines by her fiance without marriage. How possible is it for her cousin to be approved again for K1 visa by the same man petitioner? My fiance said her cousin told her that they will reapply for K1 Visa again now. Will they encounter problems by the Embassy for reapplying so soon?


THOM AND KIM's JOURNEY

Aug 31, 2010 - I-129F package sent to VSC

Sept 2, 2010 - NOA-1 hard copy received

Sept 5, 2010 - Check cashed

Nov 29, 2010 - Case Touched

Feb 25, 2011 - Contacted Senator

Feb 28, 2011 - NOA2 APPROVED **179 Days since NOA1 Received**

Mar 7, 2011 - NOA2 Hard Copy arrived

NVC

NVC receieved petition - Mar 7 2011

NVC case number received - Mar 8 2011 MNL2011XXXXXX

NVC case shipped to Embassy - Mar 9 2011

US Embassy Manila

Package delivered DHL - Mar 14 2011 signed by Leonilo

USEM - Medical- Passed Medical Mar 18 2011

USEM- Interview - APPROVED 4-14

USEM- VISA IN HAND - 4-30-2011

CFO - 5-2-2011

Kim on the plane 5-18-2011 Welcome to USA!

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So the same man and the same woman are applying again for a K-1 is that right? They can apply again but the embassy might want to know why the wedding didn't work out in the first place and why the second time you think it will work....


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Filed: K-1 Visa Country: Philippines
Timeline

Yes that is correct same man and woman reapplying.


THOM AND KIM's JOURNEY

Aug 31, 2010 - I-129F package sent to VSC

Sept 2, 2010 - NOA-1 hard copy received

Sept 5, 2010 - Check cashed

Nov 29, 2010 - Case Touched

Feb 25, 2011 - Contacted Senator

Feb 28, 2011 - NOA2 APPROVED **179 Days since NOA1 Received**

Mar 7, 2011 - NOA2 Hard Copy arrived

NVC

NVC receieved petition - Mar 7 2011

NVC case number received - Mar 8 2011 MNL2011XXXXXX

NVC case shipped to Embassy - Mar 9 2011

US Embassy Manila

Package delivered DHL - Mar 14 2011 signed by Leonilo

USEM - Medical- Passed Medical Mar 18 2011

USEM- Interview - APPROVED 4-14

USEM- VISA IN HAND - 4-30-2011

CFO - 5-2-2011

Kim on the plane 5-18-2011 Welcome to USA!

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

Yes that is correct same man and woman reapplying.

I would imagine that they need provide at minium a valid reason that she returned. Hopefully, you will get some good responses from veterans here. You may want to have a consult with a good immigration attorney prior to resubmitting another petition. I am sure this would raise a red flag. Good luck.

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Filed: Country: Nigeria
Timeline

I do not see any problem because, she did not violate the conditions of her visa in that she did not stay over 90 days before returning unmarried. Since it is still the same couple involved, they should have no problem going at it again. What matters was that she did not overstay.

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Filed: Country: Nigeria
Timeline

I would imagine that they need provide at minium a valid reason that she returned. Hopefully, you will get some good responses from veterans here. You may want to have a consult with a good immigration attorney prior to resubmitting another petition. I am sure this would raise a red flag. Good luck.

They do not need an attorney on this. As long as they have a good explanation for why they did not marry the first time. They were approved the first time, and had 90 days to marry or else return to her home country. They did not violate the condition as she returned before 90 days when they could not marry.

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you all for responses. It turns out my fiance's cousin petitioner is an attorney and the reason she went back home was due to his children did not accept her and caused issues within the house, so we are told by the cousin that they will reapply again for K1 visa. I just find it hard to believe that it will be so easy for them to re-apply and get approval again when they could have ressolved the issue while she was here for those 90 days.


THOM AND KIM's JOURNEY

Aug 31, 2010 - I-129F package sent to VSC

Sept 2, 2010 - NOA-1 hard copy received

Sept 5, 2010 - Check cashed

Nov 29, 2010 - Case Touched

Feb 25, 2011 - Contacted Senator

Feb 28, 2011 - NOA2 APPROVED **179 Days since NOA1 Received**

Mar 7, 2011 - NOA2 Hard Copy arrived

NVC

NVC receieved petition - Mar 7 2011

NVC case number received - Mar 8 2011 MNL2011XXXXXX

NVC case shipped to Embassy - Mar 9 2011

US Embassy Manila

Package delivered DHL - Mar 14 2011 signed by Leonilo

USEM - Medical- Passed Medical Mar 18 2011

USEM- Interview - APPROVED 4-14

USEM- VISA IN HAND - 4-30-2011

CFO - 5-2-2011

Kim on the plane 5-18-2011 Welcome to USA!

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Filed: Country: Nigeria
Timeline

Things that can affect a second chance include, previous visa/petition denials, violating the terms of your visa, criminal records, etc. Since your cousin has none of these issues, they have nothing to worry about. The only thing is that they might have to file for a waiver if they'll be filing the second K-1 within 2 years of the first. Check out more info from the I-129F filing instructions.

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