Second K-1 Petition

[Removed-02242014 19]

This is a simple situation but I need some guidance --

My Fiancée arrived here in October last year and we didn't end up marrying because we had some cultural issues we couldn't get past. At the end of the 90 days she returned home and now we want to make our love a permanent bond of marriage. Is it better for me to re-file K-1 or go to her country, marry and file I-130?

Edited March 29, 2013 by Mark-n-Luz

[lost_at_sea 995]

You can do either, but if you want to live together in the States, the more important question is whether you can get over whatever the cultural differences were? Else why would the same not happen again?

[Removed-02242014 19]

You can do either, but if you want to live together in the States, the more important question is whether you can get over whatever the cultural differences were? Else why would the same not happen again?

I agree with you ... It was a MY FAMILY problem that I was able to overcome.

[lost_at_sea 995]

I agree with you ... It was a MY FAMILY problem that I was able to overcome.

OK. Still, you may do either. As your partner left before you married, her old K1 has now expired and cannot be reused. You just start over on which ever path you prefer. Neither is more preferential than the first time you chose which to do. Obviously, the marriage option can take longer, but comes without having to do AOS in the States. The K1 may be faster for her to return to the States. Just as before. Depends what your priorities are.

Edit: Your timeline states you got married on 2012-12-10. You may wish to correct that if it didn't happen.

Edited March 29, 2013 by lost_at_sea

[dave01 16]

OK. Still, you may do either. As your partner left before you married, her old K1 has now expired and cannot be reused. You just start over on which ever path you prefer. Neither is more preferential than the first time you chose which to do. Obviously, the marriage option can take longer, but comes without having to do AOS in the States. The K1 may be faster for her to return to the States. Just as before. Depends what your priorities are.

Edit: Your timeline states you got married on 2012-12-10. You may wish to correct that if it didn't happen.

If you can afford to come to the Philippines and stay for 6 months you could file your I-130 at the embassy here. Most people that file here will have their visa in 90 days or less.

[lost_at_sea 995]

If you can afford to come to the Philippines and stay for 6 months you could file your I-130 at the embassy here. Most people that file here will have their visa in 90 days or less.

You have to have residency for 6 months before filing, not just visiting as a tourist for a long time, so the petitioner would need to ensure that they are in the country to legally reside on a visa that allows them to do so. The OP may wish to check the specifics.

[dave01 16]

You have to have residency for 6 months before filing, not just visiting as a tourist for a long time, so the petitioner would need to ensure that they are in the country to legally reside on a visa that allows them to do so. The OP may wish to check the specifics.

your wrong on this, their have been many that have been here on tourist visa's that have been approved by the USCIS in Manila, just be sure your paperwork is in order and if your here on a visitors visa that you have utility bills and rent receipts along with your passport visa stamps to prove you were here

[Removed-02242014 19]

Thanks!

[Tintin and Mike 127]

Oh no, I was just wondering what happened to you two. Hope for all the best the 2nd time around.

Good luck!