Filing K1 application a second time for the same person

[Caryh 5,206]

WTH are people going back before getting married!? Dafuq!

I know one couple where the father of the immigrant died, so she needed to fly back. They had gotten married though, so there only option was to refile a CR-1. I'm pretty sure my wife would have flown back to if her mother or another family member passed away. Other than that reason, I'm drawing a blank on any good reason.

[Hank_ 9,173]

Some background on original K1 VISA:

Completed the entire process with no problems within 7 months (Initial I-129F filing to final K1 Visa issued).

Fiancee came to the US, but went back to Philippines within the 90 day window to get married; we did not get married or start any other paperwork after her POE to the US.

New development:

She now wants to come back to the US. If she would have stayed in the US, the 90 day window would still be valid.

Since she left before the 90 day Visa expired, but now wants to come back, i have the following questions:

- Do I have to start the I-129F application from the beginning?

- How about the Medical Screening and the Embassy Interview after getting the NOA2?

- Would she have to redo that process again with the Manila Embassy and ST. Luke's Medical even though it was completed less than a year ago?

Thank you for your help.

If the embassy will re-validate the visa you might save completing the process a second time. Sort of doubt they will re-validate, in which case it is a DO OVER from I-129F onward through the complete visa application process in Manilla.

[Darnell 8,478]

OK, OP - so did she get into the IV Unit on Tuesday, chase after a visa revalidation? Yes? No? If no, why no? Tick-tock and tempus fugit.

[Elizabeth+Fred 35]

Some background on original K1 VISA:

Completed the entire process with no problems within 7 months (Initial I-129F filing to final K1 Visa issued).

Fiancee came to the US, but went back to Philippines within the 90 day window to get married; we did not get married or start any other paperwork after her POE to the US.

New development:

She now wants to come back to the US. If she would have stayed in the US, the 90 day window would still be valid.

Since she left before the 90 day Visa expired, but now wants to come back, i have the following questions:

- Do I have to start the I-129F application from the beginning?

- How about the Medical Screening and the Embassy Interview after getting the NOA2?

- Would she have to redo that process again with the Manila Embassy and ST. Luke's Medical even though it was completed less than a year ago?

Thank you for your help.

The K-1 visa she received was basically a "one-time-only" visa, and she "used" it to get into the U.S.

that time. The visa has the sole reason 'to get married [to the petitioner] within 90 days after entry

into the U.S.', and this was not done.

Basically, this means that the K-1 visa no longer exists. It's "used without result".

The only way she could come back and marry you would be to do a completely new petition, with

everything you did the previous time. Since it's a second petition for the same beneficiary within a

short timeframe, this WILL raise some red flags, and you probably should prepare yourself, as well

as her, for some serious questioning by USCIS.

Medicals etc usually remain valid for 6 months or a year, so, in theory, those would still be valid. I

would not *assume* this, though... expect to have to go from the very start.

By the way.... maybe you *should* think about why at first she DID want to marry you, then not (and

even left you to get married back in her homeland??) and, all of a sudden, DOES want to be with

you again?? Just a thought...

Good luck!

[Darnell 8,478]

ya, all valid points,

but if'n she's still 'within the window' and I think she is, and if the OP's timeline is accurate,

then

there's a shot, at least last week, for visa revalidation.

this week? in the PI? with the @#$@ing storm? no way, and no how.

[simonz 0]

sorry for the confusion:

-she went back to the philippines during the 90 day window.

-she did not go back to get married.

-we did not get married to each other.

-she wanted to go back because she was not ready to get married.

-now she realized that she should have stayed here and wants me to bring her back.

I was asking if i decided to submit a new I-129F petition, would we still have to go through the medical screening from scratch since we just finished it in less than a year ago.

I had a feeling that the embassy interview would be a new one.

[Darnell 8,478]

for your last question - the answer is yes.

it's actually 6 months.