How soon can I file for a new K-1 visa after separating from my fiancee

[hope4good 0]

Hi everyone!

I really need some help here. I was engaged for 1 year to a guy from US. We filed for K-1 visa in 2011 but were rejected. After we filed second time another 3 months past and realizing that our relationships were not working well by that time we took the documents out of the process. We did not get any NOA1 or NOA2 or anything like that, at least I do not know for sure about it. But now I am engaged to a friend of mine that I knew for a long time (to whom actually I wanted to be married some time ago.... But that is a different story. He is from US as well. How soon can we file the new K-1 visa? Will it have a negative effect on the process or postpone it considering the history of my previous engagement?

Thank you very much for any information

[Penguin_ie 6,005]

You can file immediately.

Yes, filing so soon after a denied K1 is a big red flag. Make sure you have lots of bonafide relationship evidence, several visits etc.

[Gary and Alla 3,696]

Hi everyone!

I really need some help here. I was engaged for 1 year to a guy from US. We filed for K-1 visa in 2011 but were rejected. After we filed second time another 3 months past and realizing that our relationships were not working well by that time we took the documents out of the process. We did not get any NOA1 or NOA2 or anything like that, at least I do not know for sure about it. But now I am engaged to a friend of mine that I knew for a long time (to whom actually I wanted to be married some time ago.... But that is a different story. He is from US as well. How soon can we file the new K-1 visa? Will it have a negative effect on the process or postpone it considering the history of my previous engagement?

Thank you very much for any information

That is such a remarkable coincidence that they are BOTH from the US! Who would imagine? Yes, as soon as you decide you can file again. The consulate that does your interview will likely not even know about the first one

[Leatherneck 693]

That is such a remarkable coincidence that they are BOTH from the US! Who would imagine? Yes, as soon as you decide you can file again. The consulate that does your interview will likely not even know about the first one

[lovebirds85 12]

I think that as far as you can prove that it is bona fide relationship you can file now

Good luck

[Tanya and Barry 59]

That is such a remarkable coincidence that they are BOTH from the US! Who would imagine? Yes, as soon as you decide you can file again. The consulate that does your interview will likely not even know about the first one

Pessimist...

[stefan y karen 23]

That is such a remarkable coincidence that they are BOTH from the US! Who would imagine? Yes, as soon as you decide you can file again. The consulate that does your interview will likely not even know about the first one

SHUSH YOU!

[brian_n_phuong 193]

[hope4good 0]

yeah....I know it does look suspicious. But this is my situation for now. I have known my fiancee since 2006. I know his family and they all know me well. We visited each other several times. I have been to US several times as well - for work and just visiting some of my friends and travelling. I loved him and wanted to be married to him but I guess he was not ready for marriage. Realizing that I just let him go. We never got engaged... I was an expat at that time and in an expat community you meet people from all over the world. This is how I got engaged to another guy who happened to be from US as well. He was one of my friends. He lived in the same city where I worked. He actually grew up overseas and have not lived in US for many years. Later he moved back to US because of his job and we applied for this K-1 visa. But when we got separated and got the documents out of the process the old love of mine finally realized what he wanted.....and he proposed I am telling this all not to justify myself but explain the situation that i do have enough evidence for both of them....The other funny coincidence is that they both live in the same state now...I wish I could change this situation or one of them changed their citizenship....but for now this is how it all happened in my life and I know I will look suspicious to the immigration that is why I just wanted to know if there was hope. My fiancee cannot move to where I am....again...job reasons...

Thank you for your replies....I guess we can apply and see what happens.

[JimVaPhuong 4,865]

Can you explain a little more about the first visa? You said you were "rejected". Does this mean the visa was denied at the consulate interview? You also said you "took the documents out of the process". What precisely does this mean?

The reason this stuff is important is because you can't have two fiancee petitions pending at the same time for the same beneficiary. If you were denied the visa at the consulate interview then they would have sent the petition back to USCIS. If USCIS simply allowed the petition to expire then you're good to have another petition filed by a different petitioner. If USCIS is still readjudicating the returned petition then you have to wait until a decision is made. If the first petition is reaffirmed and sent back to the consulate then the first petitioner needs to withdraw the petition before another one can be filed.

There's also a potential issue of why the first visa was denied. If the consulate denied because they thought the relationship was a sham then there's no way they're going to believe your new relationship isn't also a sham. If they sent the first petition back and USCIS ultimately ended up revoking the approval then there could be a fraud marker in your file. That would make you inadmissible to the United States, and you'd need an I-601 waiver to get that inadmissibility waived.

So, what exactly happened to the first petition?

[hope4good 0]

Can you explain a little more about the first visa? You said you were "rejected". Does this mean the visa was denied at the consulate interview? You also said you "took the documents out of the process". What precisely does this mean?

The reason this stuff is important is because you can't have two fiancee petitions pending at the same time for the same beneficiary. If you were denied the visa at the consulate interview then they would have sent the petition back to USCIS. If USCIS simply allowed the petition to expire then you're good to have another petition filed by a different petitioner. If USCIS is still readjudicating the returned petition then you have to wait until a decision is made. If the first petition is reaffirmed and sent back to the consulate then the first petitioner needs to withdraw the petition before another one can be filed.

There's also a potential issue of why the first visa was denied. If the consulate denied because they thought the relationship was a sham then there's no way they're going to believe your new relationship isn't also a sham. If they sent the first petition back and USCIS ultimately ended up revoking the approval then there could be a fraud marker in your file. That would make you inadmissible to the United States, and you'd need an I-601 waiver to get that inadmissibility waived.

So, what exactly happened to the first petition?

Thank you JimVaPhuong!

The first visa was rejected because there was a mistake made in my address. I am still an expat.. I had my home address on my papers but he put my current expat address on his...so i guess somehow it affected the process and they sent the papers back. It took a while for us to redo some of other papers coz some of them got expired and then we filed for the second time. By that time our relationships have grown cold. I guess we never were able to move from friends to something deeper moreover by that time he found a girl he really liked so we decided to withdraw the papers. I do not know if you can withdraw the papers on the first stage/office....not sure how to label it. Anyway the papers have never made it to the consulate. Basically as I understand it his petition was denied the first time and then 3 months after he filed the second time we withdrew the papers. So looks like they have been only circulating in the USCIS office. Hope he does not lie to me about it. What if he got his petition approved the second time? If we withdrew the papers after the petition was approved will it still affect the new K-1?

Thank you for taking your time again.

[hope4good 0]

That is such a remarkable coincidence that they are BOTH from the US! Who would imagine? Yes, as soon as you decide you can file again. The consulate that does your interview will likely not even know about the first one

It is a remarkable coincidence. Another remarkable coincidence is that they both live in the same state. Hopefully it will be like you said.

[Tim/Mav 305]

It is a remarkable coincidence. Another remarkable coincidence is that they both live in the same state. Hopefully it will be like you said.

I would strongly look at Leathernecks Reply.

I as well, do Not Agree. There is a Record of a Previous K-1 Petition. Moreover, look at how close they are together and YOU are the Beneficiary if I read correctly. (Fiancee Visa Request(s)

Additionally, you state: I don't even know if the First Petition was Cancelled and shortly have plans for a new Petitioner. (That would appear in such a short time-span you were in communication with both of them, you think?) Both Men from the US..

You state: No NOA1/NOA2. but you say I don't really know.

The advice to Have your USC File a new Petition is unanswered since you don't know really anything what happened to the First One.

Seems, you are guessing and hopefuly it will be in your benefit. You need a few answers from USCIS. What Happened to the First Petition and was it Cancelled?

Then, you will have better ground.

And, as far as me agreeing with Leatherneck. USCIS does have a Record. Having 2 Petitions so close together is a Red Flag.

Good Luck to you.....

Edited February 18, 2012 by Tim/Mav

[hope4good 0]

You can file immediately.

Yes, filing so soon after a denied K1 is a big red flag. Make sure you have lots of bonafide relationship evidence, several visits etc.

I do agree with you. I was thinking it myself that we should not file so soon. In one of my posts i did explain how the story happened.

Just wanted to ask a question what did you mean by K1 denied? At the consulate? What if our papers have never made it to the consulate? They were sent back once because of a mistake in my addresses (I am an expat). Yes the petition was denied...but not K1. We never made it to the consulate interview stage. Do you know if there is a record of previous petitions?

Thank you and congratulations on your twins

[Tim/Mav 305]

I do agree with you. I was thinking it myself that we should not file so soon. In one of my posts i did explain how the story happened.

Just wanted to ask a question what did you mean by K1 denied? At the consulate? What if our papers have never made it to the consulate? They were sent back once because of a mistake in my addresses (I am an expat). Yes the petition was denied...but not K1. We never made it to the consulate interview stage. Do you know if there is a record of previous petitions?

Thank you and congratulations on your twins

Your K-1 is a Finace/Fiancee Petition. They are the same. You were denied from what appears the USCIS Level and never sent to the Consulate. But, there is a record of Denial. You were both denied: The Petition and a K-1. They are the same. Clarification OK.

Do you even know the reason for Denial?