Applying for second K1 for same Beneficiary

[Mike_N_Yoyo 0]

My fiance returned home 2 weeks after arriving in the States because she was told that her mother was ill. She arrived to find out that it was a ploy from her (very controlling) family to get her to come back.

Reasons aside . . . We never had a chance to get married, but still want to. I read somewhere that the consulate could still revalidate her visa, allowing her to reenter the States, but the validity would still be 90 days from when she first entered the US. I am doubtful on this, but contacted the embassy to request that information and am still waiting on word.

I guess I am hoping that someone here might be able to tell me about the process for applying for a K1 for the same person within 1-2 months of her having already recieved a visa? Is it the same process? Would we have to wait for her original visa to expire? Could it be expidited.

This whole situation really sucks, because we were victims of the whole IMBRA debacle and waited almost one year to see each other again. Her family is the pits, and she is the first one to say that, but . . . they are family.

Any help would be much appreciated.

[goldenheart 0]

My fiance returned home 2 weeks after arriving in the States because she was told that her mother was ill. She arrived to find out that it was a ploy from her (very controlling) family to get her to come back.

Reasons aside . . . We never had a chance to get married, but still want to. I read somewhere that the consulate could still revalidate her visa, allowing her to reenter the States, but the validity would still be 90 days from when she first entered the US. I am doubtful on this, but contacted the embassy to request that information and am still waiting on word.

I guess I am hoping that someone here might be able to tell me about the process for applying for a K1 for the same person within 1-2 months of her having already recieved a visa? Is it the same process? Would we have to wait for her original visa to expire? Could it be expidited.

This whole situation really sucks, because we were victims of the whole IMBRA debacle and waited almost one year to see each other again. Her family is the pits, and she is the first one to say that, but . . . they are family.

Any help would be much appreciated.

You will have to get a new visa number and everything because you can only enter the country once with a K1 visa. I am in a similar situation and we got another visa number in a matter of two weeks, however we are still undergoing the process all over again (medical, interview etc.) I hope that the U.S. Consulate can help you out in this matter, but I would not think it would be a quick process because she left without getting an advance parole. Again, miracles does exist.

[Jasman0717 9]

I am sorry to hear she returned home. You will need to start a new petition and I am pretty sure I have read posts of other VJ members doing a second petition for the same beneficiary, just wouldn't know how to suggest the search to find them. Good luck

[LookyWhatIFound 38]

My fiance returned home 2 weeks after arriving in the States because she was told that her mother was ill. She arrived to find out that it was a ploy from her (very controlling) family to get her to come back.

Reasons aside . . . We never had a chance to get married, but still want to. I read somewhere that the consulate could still revalidate her visa, allowing her to reenter the States, but the validity would still be 90 days from when she first entered the US. I am doubtful on this, but contacted the embassy to request that information and am still waiting on word.

I guess I am hoping that someone here might be able to tell me about the process for applying for a K1 for the same person within 1-2 months of her having already recieved a visa? Is it the same process? Would we have to wait for her original visa to expire? Could it be expidited.

This whole situation really sucks, because we were victims of the whole IMBRA debacle and waited almost one year to see each other again. Her family is the pits, and she is the first one to say that, but . . . they are family.

Any help would be much appreciated.

The little I can tell you is that if you went through the K-1 process again within the time period specified in IMBRA, I forgot what it was, you will have to request an IMBRA Waiver with your petition. Ideally you shouldn't have to but I don't think USCIS cares whether you're applying for the same person or a different person.

I know nothing about Visa expirations or whether you can get reentry. You might possibly get more response in the IMBRA Special Topics discussion.

Oops I see you got a better reply.

Good Luck!

Edited February 14, 2007 by LookyWhatIFound

[JamesT 12]

Wow Mike & Yoyo, your situation sounds almost identical to mine! My fiancee was here back in July, 2006 and she also had to leave after about 2 weeks, primarily because of medical problems with her grandmother. So we never did get married, but we knew we definitely wanted her to come back after things were straightened out with her family.

In November, 2006 I filed another I-129F application and requested an IMBRA waiver, and we just got the NOA2 a couple days ago! Trust me, I was very worried it could get denied, but it went though just fine with no RFE or anything.

I don't know about the 90 day rule, but I'd say you can go ahead and start the process for another K1 visa now.

[raymaga 26]

My suggestion would be to go see a good immigration attorney. Lots of attorneys will give you a half hour consultation at a very reduced rate. Call around and see if you can find one that will do this.

Good luck getting this situation rectified.

[payxibka 10,048]

My fiance returned home 2 weeks after arriving in the States because she was told that her mother was ill. She arrived to find out that it was a ploy from her (very controlling) family to get her to come back.

Reasons aside . . . We never had a chance to get married, but still want to. I read somewhere that the consulate could still revalidate her visa, allowing her to reenter the States, but the validity would still be 90 days from when she first entered the US. I am doubtful on this, but contacted the embassy to request that information and am still waiting on word.

I guess I am hoping that someone here might be able to tell me about the process for applying for a K1 for the same person within 1-2 months of her having already recieved a visa? Is it the same process? Would we have to wait for her original visa to expire? Could it be expidited.

This whole situation really sucks, because we were victims of the whole IMBRA debacle and waited almost one year to see each other again. Her family is the pits, and she is the first one to say that, but . . . they are family.

Any help would be much appreciated.

Under certain circumstances the consulate can re-validate a k-1 for a second entry. Your 90 day clock is running however and if they allow a second entry then you must marry within 90 days from the date of the first entry. This is an option the consulate has but I am unaware of how frequently it occurs.

If they will not re validate the k-1 then you will have to start over from square one and you may have to request an IMBRA waiver.

[Mike_N_Yoyo 0]

Thank You all for your responses.

I am still waiting to hear back from the Embassy in Pnohm Phen. I have emailed them three times already, but no answer yet. There wasn't even an auto-reply either. I don't even know if they got it.

goldenheart

You said that you got a new visa number in two weeks. How did you do that and whom did you have to contact for that? Was it a new NOA2 through USCIS or was the number from the NVC or the Embassy directly? When you state that you are going through the whole process again, do you mean the petition approval process, or the process after the Packet 3?

Thanks Again for your support.

[Turboguy 6]

I can't help you much on any ideas about re-newing your visa. I have never heard of anything but starting over. I can give you one bit of news which is good. You definately will not need an IMBRA waver. If you read the law closely you will see that it is needed only if it is a different fiancee. That is assuming you have not had one before that you have not talked about. Good Luck

[LookyWhatIFound 38]

I can't help you much on any ideas about re-newing your visa. I have never heard of anything but starting over. I can give you one bit of news which is good. You definately will not need an IMBRA waver. If you read the law closely you will see that it is needed only if it is a different fiancee. That is assuming you have not had one before that you have not talked about. Good Luck

But UCSIS enforces the law the way it feel likes, I applied for the same fiancee and they count it, they will then note on your NOA2 "It has been noted that this is your 2nd approved I-129F petition."

[Mike_N_Yoyo 0]

I found this on the travel.state.gov website in the telegrams section. It contains notes referring to 22CFR 41.81

N6.3 Reissuance of K-1 Visa

If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiance(e) has returned abroad prior to the marriage, the consular officer may issue a new K-1 visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. The alien''s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K-1 status.

I have forwarded this information to the embassy in Pnohm Phen and Bangkok (because that is where the original visa was issued). I hope that they will interpret it the way I do and contact me with good news.

BTW, the link is travel.state.gov/visa/laws/telegrams/telegrams_1437.html

There might be some other information in there that could help others in similar situations.

Thanks . . . I will keep you all posted.

[Mike_N_Yoyo 0]

Here are the Notes and Procedural Notes that are given to Conulates/Embassies/Adjudicators relating to many of the questions and procedures regarding K1 Fiance(e) visa applications.

Just thought you all might like to take a gander.

more to come . . .

0941081N_1_.pdf

0941081PN_1_.pdf