K1 Visa situation

[ThomKimQC 14]

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?

[amykathleen2005 441]

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....

[ThomKimQC 14]

Yes that is correct same man and woman reapplying.

[4ever mine 9]

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.

[Tero 105]

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.

[Tero 105]

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.

[ThomKimQC 14]

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.

[Tero 105]

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.