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Options if fiancee goes back to native country

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Filed: K-1 Visa Country: Bulgaria
Timeline

Hello everbody. I am soliciting all of your advice and wisom because I am going through a difficult time in my relationship to my fiancee. She arrived in the US late August, and we still hope to get married next month, but there are complications that are making such a decision more difficult because this is not what we both envisioned.

In a nutshell, we do not have the blessing of my parents and my brother and sister-in-law have concerns that we are rushing too quickly into marriage after living together for just over a month now. Throughout our relationship, they have never had a chance to really get to know her because she lived in Eastern Europe, and my parents only met her for the first time when they met up with us during a trip to Rome in May. There are a lot of dynamics at play here. I wish we had more time than three months...

My question is - if my fiancee decides to go back to her native country in the interest of putting the wedding on hold to allay any and all concerns and have all questions answered, what are our options and chances of obtaining another K1 visa? Would there need to be a waiting period before we could apply again? Would we be flagged in the system for extra scrutiny with a much greater chance of being outright denied? Could we marry in her native country and have her come into the US on a K3?

Is there also chance that we could ask for an extension of the K1 visa? (unlikely, I know)

Thank you all very much in advance. I appreciate any comments or advice.

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I'm sorry that you've been put in such a tight spot. It is truly hard when you don't have the support of your family.

As far as I know, there is no waiting period to refile a k1 visa, make sure though that your fiance does not overstay in the States. The second visa will be more difficult to get which is to be expected and you must be prepared to explain during your interview why your relationship didn't work out the first time and why you both think that it will lead to marriage the second time. Should you pursue the re-filing, make sure that you can show strong intent to marry. And no, the 90 days given upon entry to the United States cannot be extended.

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Filed: AOS (apr) Country: Kenya
Timeline

My question is - if my fiancee decides to go back to her native country in the interest of putting the wedding on hold to allay any and all concerns and have all questions answered, what are our options and chances of obtaining another K1 visa?

Good

Would there need to be a waiting period before we could apply again?

No, but the first petition needs to be formally withdrawn first.

Would we be flagged in the system for extra scrutiny with a much greater chance of being outright denied?

No

Could we marry in her native country and have her come into the US on a K3?

CR-1 you mean? Yes.

Is there also chance that we could ask for an extension of the K1 visa? (unlikely, I know)

Nope......but.......the K-1 visa is valid for 6 months upon issuance....many Embassies have been known to extend that period.

Then once it is used, you have 90 days within which to become married.

What does what others think about your relationship have to do with giving it direction on what to do?

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Other Country: Philippines
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My question is - if my fiancee decides to go back to her native country in the interest of putting the wedding on hold to allay any and all concerns and have all questions answered, what are our options and chances of obtaining another K1 visa?

Good

Would there need to be a waiting period before we could apply again?

No, but the first petition needs to be formally withdrawn first. :no: there is no petition to withdraw, she has already entered the country so the K-1 process has been completed - except for marrying. The current K-1 is toast...

Would we be flagged in the system for extra scrutiny with a much greater chance of being outright denied?

No

Could we marry in her native country and have her come into the US on a K3?

CR-1 you mean? Yes.

Is there also chance that we could ask for an extension of the K1 visa? (unlikely, I know)

Nope......but.......the K-1 visa is valid for 6 months upon issuance....many Embassies have been known to extend that period.

Then once it is used, you have 90 days within which to become married.

What does what others think about your relationship have to do with giving it direction on what to do?

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** One post hidden for borderline recommendation of illegal activity; thread moved from K-1 Process forum to Effects of Major Changes forum -- the K-1 visa was "dead upon arrival," and the destination forum enables a greater concentration of informed advice. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Sounds like you've visited this woman many times, been on trips together etc and obviously been through to pain of the USCIS system and you're looking forward to starting your lives as a couple. Lots of people here can identify with that.

Not knowing (or asking for) the specifics of the questions your family is bringing up I wonder if you've mentioned what you've been though and what your options are (wedding, CR-1 which will take significant time or reapply for K-1 as well) that might mean you spend a year or year and a half apart.

I'm not sure how long you've known each other but that's not a simple thing to ask someone to do. Is the family fully aware of that?

Skype is a wonderful thing. My mother and wife had chatted a few times, exchanged and saw each others Facebook posts and photos. Really helps fill in those blanks. Is a few months going to make that major of a difference to your family followed by another year of waiting? If you guys have known each other 3+ years or something I'm not sure what that additional time will actually serve or prove.

Not a process statement. These guys seem to have covered it with your options but just some random thoughts..

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Filed: K-1 Visa Country: Bulgaria
Timeline

In my opinion all you have to do is to ask youself do you really love that woman and want to spend your life with her.....I guess its hard when you dont have the blessing from your familly,but when you got married you will have your own familly and this is what matters.....You didnt passed all that way in waiting for some decision for USCIS just to leave it away now when you are together........May be Im wrong,may be not but this is just my opinion!After you are here together there is alot of paperwork too .

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Filed: Timeline

She' s definitely not chasing a GC she wants to go home & let the

the relationship sink or swim, maybe she does not like how she's treated

by the in-laws & don't want to be tied in the situation 4ever...let her go

home, respect her wishes, withdraw the K1 and if U both agree further down

the line marry her and file spousal visa

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IMHO you do what makes YOU happy, not what makes your family happy.

Most of mine thought I was rushing and being stupid. I gradually built support up from many family members as I explained things and they learned to open their minds to new points of view. I also made new friends. Some never change though. My brother no longer speaks to me because he doesn't like that I've moved. Well, it's not his life. It's mine.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Romania
Timeline

My fiance and I have and are still going through some questions of our own if we are going to fast. Luckily, I have spent some time with her while she was here in the USA and I will be visiting in January for 2-3 weeks. The earliest we can use the VISA is late may/early June due to her going to a university. We are using all that time to get to know each other more. At this point though, there is no concerns from either family. As far as I know, both families are happy for us.

I am not familiar with your background with you fiance and the families, but I vote where you you both look at your own relationship. If you both truly love each other and are ready to start spending your lives together, getting married is the next step. Your family may not approve at first, but I would think they will be happy for you when they see how happy it makes you. Good luck in your decision!

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Filed: K-1 Visa Country: Wales
Timeline

You were in a relationship for long enough to decide you want to get married, and get married in the US.

A year ish later having gone through the process, having submitted the letter stating your intent to get married, sounds like you are having second thoughts and using your family as justification?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Country: Monaco
Timeline

Hello everbody. I am soliciting all of your advice and wisom because I am going through a difficult time in my relationship to my fiancee. She arrived in the US late August, and we still hope to get married next month, but there are complications that are making such a decision more difficult because this is not what we both envisioned.

In a nutshell, we do not have the blessing of my parents and my brother and sister-in-law have concerns that we are rushing too quickly into marriage after living together for just over a month now. Throughout our relationship, they have never had a chance to really get to know her because she lived in Eastern Europe, and my parents only met her for the first time when they met up with us during a trip to Rome in May. There are a lot of dynamics at play here. I wish we had more time than three months...

My question is - if my fiancee decides to go back to her native country in the interest of putting the wedding on hold to allay any and all concerns and have all questions answered, what are our options and chances of obtaining another K1 visa? Would there need to be a waiting period before we could apply again? Would we be flagged in the system for extra scrutiny with a much greater chance of being outright denied? Could we marry in her native country and have her come into the US on a K3?

Is there also chance that we could ask for an extension of the K1 visa? (unlikely, I know)

Thank you all very much in advance. I appreciate any comments or advice.

I think you must do that which you believe is right for both of you, so here are my 2-cent worth.

If you have not lived together long enough and as you say you don't know each other well, you should consider waiting longer and give your relationship more time. There is no waiting period and provided she does not overstay her I-94 no prejudice will come to her in terms of a future visa. If you decide to get married in the future, you can apply for a new K-1 visa and chances are the consulate will not look negatively to the fact that you decided to wait until your relationship mature some more.

As for your father and brothers, my opinions is that their approval is desired but not required. They are not marrying your fiancee. You are and assuming you are over 21, whom you marry is nobody's business.

You can't ask for an extension for the K-1, so she must leave before the 90 days.

In the end you may find out that long-distance relationship are not for you and holding back on getting married if you are unsure about it, may be the wise and adult thing to do. Marrying in haste oftentimes lead to an unhappy and miserable life for both parties.

I wish you good luck whatever your decision.

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