Possibility of more than 1 K1 for the same Fiance?

[Little_My 464]

I tend to agree with most of the previous posters. Maybe there is sometimes a tone of accusation present in these forums that for the OP can seem very offensive, but it's important to keep in mind that these are emotional issues for all of us, and feelings run in the surface when people are separated from their loved ones for extensive periods of time.

As said, K1 is not a "try it and see if you like it"-visa. Could you technically get away with what you suggested in your original post? Sure, you possibly could. To me though, it just doesn't make sense. First of all, it is a huge waste of money - you would be paying duplicate fees, either to apply for the K1 twice, or first get the K1, then later on go for a spousal visa if you two decided to marry outside the US. Second, there is the chance of red flags after she would come here as a K1 and leave without going through the marriage and AOS plans. Do you really want to risk that?

I can understand that it is frustrating and difficult that she cannot get a tourist visa - and might also seem unfair, which in a way it is. She doesn't really have the chance many of us others have to come here as a tourist or VWP and spend a few weeks - months in the US to get a taste of it, before making a life changing decision. But, it is what it is, and you just have to make the most of the situation with the possibilities you have.

Have you two considered marrying abroad, in the Philippines, and applying for a CR1 visa for her? That way she would get the spousal CR1 visa while being in the Philippines for the whole process - she would become a legal permanent resident immediately upon entry, meaning she could start working / studying / doing whatever here once she arrives, and the first GC is for 2 years, during which she could still go back to the Philippines and even spend several months there if she wanted. After that 2 years, she could then either decide to apply for removal of conditions and get then 10 yr GC if you two still wanted to stay in the US, or, if she at that point was sure US is not for her, and you want to move your lives to the Philippines, she can give up her GC. Also, keep in mind that once she has been here for 3 years as a permanent resident and your wife, she can apply for citizenship, which will give you much more freedoms in terms of where to live, traveling abroad, or even re-locating abroad for a period of time.

Two years flies by. It is not that long of a period - and as I said, she would not have to be only in the US for that two years, she could visit home while living here with you.

Edited May 1, 2011 by Little_My

[AlinaH 38]

People like you and also fake couples is why the system is so backed up! If they left it to just the real couples wanting to immigrat their foreign spouse here maybe people wouldnt have to suffer months of waiting! Food for thought. If your intent is to go to her country why waste time and money to do a visa for her to come here...it makes no sense what so ever

Also why dont you add a note to you petition that this is for a vaction as it seems see how fast your petition gets denied! I rest my case

I understand this process can be difficult and frustrating when it's not working out the way you want it to, however IMO your posts are pretty uncalled for. The OP is simply trying to figure out the best way to handle their future and how to go about this whole process. How about help them out instead of being judge mental and mean. Treat others how you want to be treated. It's not that hard.

[Steph1988 11]

You at least put it more nicely then i did. lol my grandmother is bristish her hearts still in britian but she made sacrafises to move to the usa for 40 plus years to be with the man she loves i dont think anyone likes the idea of leaving their country but love makes you do crazy things

[akosi 2]

I tend to agree with most of the previous posters. Maybe there is sometimes a tone of accusation present in these forums that for the OP can seem very offensive, but it's important to keep in mind that these are emotional issues for all of us, and feelings run in the surface when people are separated from their loved ones for extensive periods of time.

As said, K1 is not a "try it and see if you like it"-visa. Could you technically get away with what you suggested in your original post? Sure, you possibly could. To me though, it just doesn't make sense. First of all, it is a huge waste of money - you would be paying duplicate fees, either to apply for the K1 twice, or first get the K1, then later on go for a spousal visa if you two decided to marry outside the US. Second, there is the chance of red flags after she would come here as a K1 and leave without going through the marriage and AOS plans. Do you really want to risk that?

I can understand that it is frustrating and difficult that she cannot get a tourist visa - and might also seem unfair, which in a way it is. She doesn't really have the chance many of us others have to come here as a tourist or VWP and spend a few weeks - months in the US to get a taste of it, before making a life changing decision. But, it is what it is, and you just have to make the most of the situation with the possibilities you have.

Have you two considered marrying abroad, in the Philippines, and applying for a CR1 visa for her? That way she would get the spousal CR1 visa while being in the Philippines for the whole process - she would become a legal permanent resident immediately upon entry, meaning she could start working / studying / doing whatever here once she arrives, and the first GC is for 2 years, during which she could still go back to the Philippines and even spend several months there if she wanted. After that 2 years, she could then either decide to apply for removal of conditions and get then 10 yr GC if you two still wanted to stay in the US, or, if she at that point was sure US is not for her, and you want to move your lives to the Philippines, she can give up her GC. Also, keep in mind that once she has been here for 3 years as a permanent resident and your wife, she can apply for citizenship, which will give you much more freedoms in terms of where to live, traveling abroad, or even re-locating abroad for a period of time.

Two years flies by. It is not that long of a period - and as I said, she would not have to be only in the US for that two years, she could visit home while living here with you.

Little-MY

thanks for your kind reply. This sort of information is what i was seeking...... i am a newbie and i want to honor the law. i was hoping i would not need to go to an attorney for help, but perhaps im being pushed that direction now... i apologize if i have offended anyone with my OP...... I truly wish that all of us will be promptly reunited with our loved ones.... best wishes to all...

[Rooted in Grace 5]

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 guess, she will be happy in the US, besides, her sister is there that's a plus for her compare to any Filipina that no relatives in the US at all. If Love brings her there in the US, I am sure she will be happy living there. I am sure she will not go back in the Philippines when she step in the US. No reason to apply for K1 and will not get married. As you said, you love your fiancee very much. K1 is a short visa for her to stay there, after the visa end, what will happened? go back to Phils again and you will be separated? That's a sad thing. Returning in the Philippines with her after your retirement is always possible. But if she will return in the Philippines after K1 is ended is another bloody suffering of separation for a couples who truly love each other. God bless.

[Steph1988 11]

Yea didnt mean to be so rude. But home is where the heart is. My husband visited me three times on the vwp. He didnt like america or our way of culture (he is from the uk) his last visit he came when our son was three months old his first time seeing our baby, he stayed 9 months, he is back home awaiting our petition to be approved so he can come back to the usa and live a life with his family. He feels his home land is no longer his home and that this is now home..with his wife and baby and step son. Home is where the heart is!

[newlyweds2010 208]

The whole point is that a K-1 visa is not a visitor visa, and from your same words it really sounds like you're going with the K-1 just because the B-1 is hard to obtain.

Obviously a K-1 is not a binding thing, meaning that things can go wrong and the couple splits before getting married, and nobody can force the foreign fiance(e) to get married.

You say that you will get married, but maybe not here: sorry, but then you're outside of the K-1 purpose, which is: enter the US as a fiance(e), get married in the US, adjust status in the US and become a permanent resident of the US.

[Rooted in Grace 5]

Yea didnt mean to be so rude. But home is where the heart is. My husband visited me three times on the vwp. He didnt like america or our way of culture (he is from the uk) his last visit he came when our son was three months old his first time seeing our baby, he stayed 9 months, he is back home awaiting our petition to be approved so he can come back to the usa and live a life with his family. He feels his home land is no longer his home and that this is now home..with his wife and baby and step son. Home is where the heart is!

I agree.

[gretchen_darren 67]

The k-1 is meant for fiance... you file a letter of intent to marry. You can always file and ask for an extension to marry under the k-1 once arriving. Getting a third k-1 is hard. Please also note Philippines does NOT have divorce. Many Filipinos and Filipinas will ONLY marry in the Philippines for love. Also, because of the no divorce ruling in the Philippines, they consider marriage to be forever. it is a lifelong commitment through better and worse. what i see in your post is your concern for you. You need to look at yourself. Please note her sister has to have a co-sponser for immigration if she does not meet the guidelines for income. the fact her sister has not brought her over is bothering. You need to ask why her sister has not yet sponsored her. Also, how close do you live to her sister and family. the closer to family you live here in the states, the better things will go. I suggest finding a Filipino community in your area if there are no family members or heavily consider moving to where her sister

You have not stated whether she is a city girl or a province girl. this WILL make a difference. A proviince girl can live anywhere. A city girl will have a hard time in the country. Also note, Filipinos are EXTREMELY social by nature. Expect your house to always have people or be going somewhere. Learn romantic tagalog. http://tagaloglang.com/Romantic-Tagalog/

There are certain phrases a filipina will use. these phrases are very very very telling of a girl. And if she is uttering certain phrases, She is extremely serious. She will not want to "try it out". If you are already talking marriage, she does NOT want a "try it out" over here. Sit down and examine your heart, examine what she is saying. if she is using the words, mahal, innibig, Mamamatay ako kung wala ka., Hindi kita pababayaan., Ikaw ang lahat sa akin., Gusto kitang makasama habambuhay., Palagi kitang iniisip.Gusto kitang makasama.Hihintayin kita.Ikaw ang lahat sa akin, Gusto kitang pakasalan..... things like this, she3 is extremely extremely serious. If her heart she is married to you. If you have met her parents, her father mainly, and he has blessed you dating. you only have two choices. she is waiting until you are ready to marry, but she will not wait forever. Filipinos are also people of action. What they say, they will do. do not say it if you do not plan on doing it.

If her father accepts you and blesses you to date his daughter, It is time to get off the pot cutting bait. It is time to fish and get the work done. Be a man and decide. She wants you to be THE MAN.

[jac_chappin 24]

I agree with everyone else! It's not a game! Quite frankly, you need to decide what you want to do and commit to it. I sense a lot of ambiguity in your relationship and so will the CO. Best of luck but you need to be firm with respect to your intentions/plan.

[akosi 2]

The k-1 is meant for fiance... you file a letter of intent to marry. You can always file and ask for an extension to marry under the k-1 once arriving. Getting a third k-1 is hard. Please also note Philippines does NOT have divorce. Many Filipinos and Filipinas will ONLY marry in the Philippines for love. Also, because of the no divorce ruling in the Philippines, they consider marriage to be forever. it is a lifelong commitment through better and worse. what i see in your post is your concern for you. You need to look at yourself. Please note her sister has to have a co-sponser for immigration if she does not meet the guidelines for income. the fact her sister has not brought her over is bothering. You need to ask why her sister has not yet sponsored her. Also, how close do you live to her sister and family. the closer to family you live here in the states, the better things will go. I suggest finding a Filipino community in your area if there are no family members or heavily consider moving to where her sister

You have not stated whether she is a city girl or a province girl. this WILL make a difference. A proviince girl can live anywhere. A city girl will have a hard time in the country. Also note, Filipinos are EXTREMELY social by nature. Expect your house to always have people or be going somewhere. Learn romantic tagalog. http://tagaloglang.com/Romantic-Tagalog/

There are certain phrases a filipina will use. these phrases are very very very telling of a girl. And if she is uttering certain phrases, She is extremely serious. She will not want to "try it out". If you are already talking marriage, she does NOT want a "try it out" over here. Sit down and examine your heart, examine what she is saying. if she is using the words, mahal, innibig, Mamamatay ako kung wala ka., Hindi kita pababayaan., Ikaw ang lahat sa akin., Gusto kitang makasama habambuhay., Palagi kitang iniisip.Gusto kitang makasama.Hihintayin kita.Ikaw ang lahat sa akin, Gusto kitang pakasalan..... things like this, she3 is extremely extremely serious. If her heart she is married to you. If you have met her parents, her father mainly, and he has blessed you dating. you only have two choices. she is waiting until you are ready to marry, but she will not wait forever. Filipinos are also people of action. What they say, they will do. do not say it if you do not plan on doing it.

If her father accepts you and blesses you to date his daughter, It is time to get off the pot cutting bait. It is time to fish and get the work done. Be a man and decide. She wants you to be THE MAN.

really good information and i thank you for your effort. She is a province girl,,,, i have spent 3 months with her i the last 7 months.......... went to her dads funeral and the same day to witness the birth of her newest niece,,,, she is from Mindanao and so Visayan is her native language...... dont know if i haveheard her say "mahal, innibig or Mamamatay ako kung wala ka..."

i am learning so much and thanks again.........

[akosi 2]

I agree with everyone else! It's not a game! Quite frankly, you need to decide what you want to do and commit to it. I sense a lot of ambiguity in your relationship and so will the CO. Best of luck but you need to be firm with respect to your intentions/plan.

how did you and "everyone else" think i am playing a game? please read all of my posts before you make that kind of judgment call........ ako seryoso

[tjnielsen 2]

as per your questions. i don't know about how that would work since she was granted the visa and then came and left yes she did it all legally but you never now how the NVC is.... as per getting her a Tourist visa ... for a filipina yes it is next to impossible to get.. and yes her sister would then later be able to bring her here to the us but again for brothers and sisters visa aproval her sister has to be a us citizen for i think 7 years. then the current processing times in manila for a brother or sister visa is if i am not mistaking like 18 years behind i could be wrong tho. so if she really wants to take the chance on rather or not she likes it here or not then just come..

[gretchen_darren 67]

the biggest phrase is mahal ko, or mahal na mahal kita, or mahal kita. or if you say I love you and she says mahal din kita, also mis din kita. There are many ways to look at things. Going to her dad's funeral is HUGE. the fact you spent 3 months with her is HUGE. Even more impressive is going to a birth. IF you ACTUALLY witnessed the birth, you are CONSIDERED part of the family. You may even partly be considered a leader of the family. If the men seek and come to you with questions, or consult you on matters. You are a clan leader. Not marrying the girl WILL SHAME her as well as bring shame to the family clan. If you and her slept in the same house together in the same bed, YOU ARE ENGAGED. She is ready to marry you. the family has accepted you. She will go where you go. Your friends and family WILL BE her friends and family. I know the mindanao area very will. I have spent time in Butuan and gingoog city and the in teh villages around there. One of the villages there has many, many people from the village here in Phoenix. A best friend of my fiance's dad actually lives here in phoenix. Another way to tell is does she call you gwapo, nyobo, ang aking soulmate, miss ko ang aking asawa, masakit ang sikmura ko (stomach has pain from missing you), did she take napkins and wipe sweat from your brow and face, did she unfasten and fasten your shoes, did she comb your hair, wash your clothes, help you get dressed or undressed, did she give you massages, did she let you wash or brush her hair, did she always want to hold your hand, were you ever left alone, did she leave you alone with her fmaily, filipinas love very very very intensely. telling me she is a provincial girl, I can tell exactly what to look for and know. I am engaged to a provincial girl myself and many of my filipina friends are provincial girls. She will follow your lead. In provincial areas, it is very traditional, nearly the same as the "family" here in America. Men rile, women follow. Their showing of live is being a servant to their husband and having many kids. the more kids, the more they show how much they love their husband. In her heart, in her village, in her family, she may be already married to you. She will have not one problem here. going back to the village unmarried after coming to America will be a shame on her. Are you willing enough to love her as deep as she loves you? She will give you your freedom, but the more you do together, the more you make her a complete part of your life, the more you will be loved by her. She WANTS to marry you if you spent 3 months in her village and attended her dad's funeral but she WILL NOT force you to. Her way of forcing you is to love you with a servant's heart and pray to God each day. If you need someone to talk with, please contact me.

[KittyPollitt 284]

She has to make a choice. Either she wants to live in the US or not. My husband was not able to get a visitor visa and never visited here before arriving on a K1- he made the choice to come to be with me. If she doesn't want to live here, then live there. What you're implying is bordering on visa fraud, and could cause you issues in the future if you do decide to move here.

Aside from how I may feel about your using the K1 this way, after my family fought so hard to get my husband one- my gut feeling about your idea is that it is not a good one, and you need to rethink your plans.

If you take out all the personal opinions from the previous posts, the advice given is sound. I'd suggest you listen to them.