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Filed: Timeline
Posted

Hi and thanks in advance for your replies.

My Philippine fiancée and i are struggling about which country in which to live. My thoughts are that she could come here to the US on a 90 day K1, check the place out (and me too of course) and then probably return back to the Philippines, without us getting married just yet. Basically i just want to make sure she will be happy here first. MY long term plan is to retire in The Philippines, with her of course, in about 10 years. She has a sister here in the US (permanent resident). My question, dear forum members, has two parts:

1. If she is granted a first K1 with my being the petitioner, and we decide NOT to get married yet and she returns back to the Philippines, would a second K1 be possible, more or less probable in the future?

2. Since she has a sister who lives here, if my fiancée lives up to her obligations and does not overstay her K1, would it be more probable that her sister could succeed in bringing her here for a family visa?

I have been approved for 1 K1 visa in 2003 (ex wife now naturalized citizen)

Filed: Timeline
Posted

have you thought of applying for a visitor visa to let her see the country?

why not apply and get married and live in the states for a while - with advanced parole and AOS you can go back to the Philippines quite often

you say that you may not get married here in the states yet - if you stay in the philippines why not get married there and apply for the Spousal visa

if you just want to be 100% sure that she wants to live in the states but you all dont want to get married any time soon, i suggest a visitor visa to let her see and experience America without playing around with immigration especially since this would be your second k1 and if you dont get married, your 3rd

Filed: Timeline
Posted

Tyeger87, Thanks. It is my understanding that a visitor visa is all but impossible for her. Do you think that is true? her Sister who lives here as a perm resident, has applied several time for her as a visitor and family. so, yes it would be sensible IF she could get a visitor/tourist visa. But can it be done?

Filed: Citizen (apr) Country: China
Timeline
Posted

1. If she is granted a first K1 with my being the petitioner, and we decide NOT to get married yet and she returns back to the Philippines, would a second K1 be possible, more or less probable in the future?

2. Since she has a sister who lives here, if my fiancée lives up to her obligations and does not overstay her K1, would it be more probable that her sister could succeed in bringing her here for a family visa?

#1: Not probable

#2: Would take many years

Tyeger87, Thanks. It is my understanding that a visitor visa is all but impossible for her. Do you think that is true? her Sister who lives here as a perm resident, has applied several time for her as a visitor and family. so, yes it would be sensible IF she could get a visitor/tourist visa. But can it be done?

She can get a visitor visa if she can show strong ties to the Philippines.

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March 26, 2009: We become a couple!
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June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
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October 6, 2011: Case complete at NVC
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September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

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February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

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July 23, 2025:  Filed N-400 online

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

If you want to pay all the fees again for the second K1 at a future date it would probably be approved.

23 year wait for visa availability if her sister petitions.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Hi and thanks in advance for your replies.

My Philippine fiancée and i are struggling about which country in which to live. My thoughts are that she could come here to the US on a 90 day K1, check the place out (and me too of course) and then probably return back to the Philippines, without us getting married just yet. Basically i just want to make sure she will be happy here first. MY long term plan is to retire in The Philippines, with her of course, in about 10 years. She has a sister here in the US (permanent resident). My question, dear forum members, has two parts:

1. If she is granted a first K1 with my being the petitioner, and we decide NOT to get married yet and she returns back to the Philippines, would a second K1 be possible, more or less probable in the future?

2. Since she has a sister who lives here, if my fiancée lives up to her obligations and does not overstay her K1, would it be more probable that her sister could succeed in bringing her here for a family visa?

I have been approved for 1 K1 visa in 2003 (ex wife now naturalized citizen)

i also posted this on the K1 Forum, but thought i might find some more insights here on this forum. THANKS

I don't know much about the K1, I know that she has to marry you within 90 days of arriving.

but her sister cannot petition her. LPR (residents cannot petition siblings, only USC can) so she would have to become a Citizen first and then petition for her.

siblings from the Philippines take more than 20 years. currently immigration is working with 1988 for Philippines in the siblings category and she has to wait in her country all that time. so this is not an option for her.

she cannot overstay, so really think about whether the K1 is right for her.

Filed: Timeline
Posted

She could run into problems later if she ever wants to return to the US, or if you ever want to petition another fiancée. There is a strong possibility that one of you, or both, may be prejudiced against having future requests granted. Also, be aware that most Filipinos after arriving in the US with any visa do not want to return even though they become out of status. Filipinos are notorious for overstaying visas.

One of the K-1 requirements is a written promise to marry (each other) within 90 days after arriving in the US. Although the K-1 visa is not an immigrant visa, it is processed and treated as if it is an immigrant visa.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

There is a limit of 2 K1 petitions per petitioner. You can apply for a waiver of this and from what I understand it's usually permitted.

The problem is, if you get a k1 for this girl and she leaves without marrying you, the second time you then have to fight the "why didn't you marry the first time?" questions. You have two possible responses:

1. "because we were just seeing if she liked living here" you'll be asked "why not get a visitor visa" to which you'll reply "because she couldn't get one". That smacks of immigration fraud.. applying for the K1 with no actual intent of marrying and circumventing visa rules (the K1 is not a "try it out" visa).

2. "because we didn't get along too well". Then they'll wonder why if it didn't work the first time it would work now. They could assume there is no love there and that you're being paid for the visa or something because she realised it's taking too long for her sister to petition her.

I don't think your plan is a good one at all. If you're not sure of your relationship then don't apply for a K1. If you're not ready to get married and have her live with you, don't apply for the K1. Sure relationships sometimes end and if it doesn't work out she'll just go home but I don't like your chances of a second K1... whether it'll work though only time will tell if you're willing to risk it.

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

Merging duplicate threads.

I think the k1 and other family based visas need to be left for the people who truly want to immigrate their loved ones here. Not just to see if your loved one wants to stay here or not. get a visitor visa then if thats the case. People wait months to have their petitions approved so they can finally live in the usa with their partner! I am one of them! SO please save it for the folks that want to immigrate here for family based reasons, and not just for a vaction to check out the united states.

Filed: Timeline
Posted

[

I really appreciate all the replies. My original post was to gather information only. I am very much in love with my fiancée, and we in process of planning. My concerns are about her potential happiness here.....i understand the seriousness of the K1 and my intention never was to have a vacation here with her. i refuse to believe there is a competition between any of us over who is more worthy of a visa....

like i said, a visitor visa for her is impossible......

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

[

I really appreciate all the replies. My original post was to gather information only. I am very much in love with my fiancée, and we in process of planning. My concerns are about her potential happiness here.....i understand the seriousness of the K1 and my intention never was to have a vacation here with her. i refuse to believe there is a competition between any of us over who is more worthy of a visa....

like i said, a visitor visa for her is impossible......

Well your intensions are not to immigrate her here it seems? What you seem to wanna do is have her come here, marry then decide if you wanna live in america or not? I am sorry but you are suppose to get married on the k-1 you make a promise to, any other intensions is visa fraud in my eyes. And i never said you didnt love your fiancee, i said it was wrong what you were wanting to do. And i never said it was a competition as to whos more worthy for a visa. People who truly want their spouses here to live and be with them and be a family are all worthy in my eyes

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

OR heck not even marry possibly its what you stated? I mean seriously!!!??? Not trying to be mean but when someone whos waiting for their husband whom they have two children with, and see some one posting something like this..its kinda aggervating. anywho i am posting again to say if your wife cant get a visitor visa then....maybe the usa isnt for her period? Anyone who comes from another country wont feel completely at home. maybe she should petition to have you go over there that sounds more ideal to me

Filed: Timeline
Posted

Well your intensions are not to immigrate her here it seems? What you seem to wanna do is have her come here, marry then decide if you wanna live in america or not? I am sorry but you are suppose to get married on the k-1 you make a promise to, any other intensions is visa fraud in my eyes. And i never said you didnt love your fiancee, i said it was wrong what you were wanting to do. And i never said it was a competition as to whos more worthy for a visa. People who truly want their spouses here to live and be with them and be a family are all worthy in my eyes

The only thing required with the K1 is an INTENTION to get married, Not a promise as i see it......... anyway we WILL get married, whether its here or in her country. Your judgment of it being "wrong" has nothing to do with reality. i am only doing some research at to whats possible. i see no point in debating this further with you Steph1988 i am not asking for your or anyone else's approval......

 
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