2nd approach on K1 visa with a new petitioner - possible red flag?

[AntHoney 2]

I was already in the process of the K1-visa which started in December 2014 and was rejected in fall 2015 due to a slowly failing long distance relationship and probably the recurring drinking habit of the petitioner after his initially successful therapy. An RFE was sent but never replied to by the petitioner. In spring of 2015 things weren't that good between us anymore and I found comfort in talking to my ex (another USC) on skype who left my country in that spring.

Now I think I shouldn't have made such a rash decision and shouldn't have attempted marrying that other man but should have stayed with my ex instead. After all he was always there for me and reliable. That's important for a relationship. I can't believe I made such a stupid decision.

My question is how much of a problem would there be if we would file for a K1-visa? I'm aware of what things look like.

[Hypnos 6,579]

Being petitioned for a K-1 by two different people is a red flag; USCIS may believe you are trying to get to the US by whatever means you can.

[Avery Cates 1,141]

I was already in the process of the K1-visa which started in December 2014 and was rejected in fall 2015 due to a slowly failing long distance relationship and probably the recurring drinking habit of the petitioner after his initially successful therapy. An RFE was sent but never replied to by the petitioner. In spring of 2015 things weren't that good between us anymore and I found comfort in talking to my ex (another USC) on skype who left my country in that spring.

Now I think I shouldn't have made such a rash decision and shouldn't have attempted marrying that other man but should have stayed with my ex instead. After all he was always there for me and reliable. That's important for a relationship. I can't believe I made such a stupid decision.

My question is how much of a problem would there be if we would file for a K1-visa? I'm aware of what things look like.

A freshly rejected petition and then another one popping up a few months later is not a good look.

[Penguin_ie 6,002]

It's definitely a red flag. The best way to overcome that is by spending lots of time together before filing, and during the process.

[AntHoney 2]

Than you for replies. Can't believe it's such a dead end now.

[baron555 934]

I was already in the process of the K1-visa which started in December 2014 and was rejected in fall 2015 due to a slowly failing long distance relationship and probably the recurring drinking habit of the petitioner after his initially successful therapy. An RFE was sent but never replied to by the petitioner.

Fine, but was the petition formally withdrawn? Did the petitioner send a notarized withdrawal letter to USCIS? If not, then that petition may still be active and you can not submit for another until that one is formally cancelled.

My question is how much of a problem would there be if we would file for a K1-visa? I'm aware of what things look like.

[AntHoney 2]

There has been a rejection letter. The petition is dead.

[Mike-eeh and Odie 193]

The fact that you went from your ex to this new petitioner and now back to your ex for a K-1 looks very much like you want to enter the USA at any cost. While this may not be the case, you can over come this red flag by proving a bonafide relationship. I would take the next year or so rekindling your relationship with your ex before re-applying again.

[blooms 63]

There has been a rejection letter. The petition is dead.

I would suggest more face time with your current partner and front load the upcoming petition.

So you have the notice of action stating this denial? or your ex told you this?

blooms

[AntHoney 2]

@Mike-eeh and Odie: That's exactly what things will look like. Thank you very much for your kind and encouraging words.

@blooms: He told about the "notice of rejection". I haven't seen the actual letter but I checked it on the USCIS website and it says that such a notice has been issued.

[grace2016 0]

I was already in the process of the K1-visa which started in December 2014 and was rejected in fall 2015 due to a slowly failing long distance relationship and probably the recurring drinking habit of the petitioner after his initially successful therapy. An RFE was sent but never replied to by the petitioner. In spring of 2015 things weren't that good between us anymore and I found comfort in talking to my ex (another USC) on skype who left my country in that spring.

Now I think I shouldn't have made such a rash decision and shouldn't have attempted marrying that other man but should have stayed with my ex instead. After all he was always there for me and reliable. That's important for a relationship. I can't believe I made such a stupid decision.

My question is how much of a problem would there be if we would file for a K1-visa? I'm aware of what things look like.

my situation is closer to yours ,maybe kinda worse!

i already came on my k1 visa , found out that my fiancee was lying and cheating on me .and most probably psychotic . so i feel like i got scammed.

now i started to know some one else and maybe will file for a new k1.

every one here will judge us that we just want to live here or stay here by any mean ,which i dont find any shame in it after resigning my job in my home country and coming all the way to find out that she was playing around... its been a long stressful journey and i invested every thing in it, but its not my fault that she messed it up and ruined all our plans.

so please every one who wasnt in this situation should shut his mouth and stop judging others since he/she will never feel or understand what we been through.

[grace2016 0]

@Mike-eeh and Odie: That's exactly what things will look like. Thank you very much for your kind and encouraging words.

@blooms: He told about the "notice of rejection". I haven't seen the actual letter but I checked it on the USCIS website and it says that such a notice has been issued.

how can i check for such a notice on the USCIS website ?

[Yoveeta 36]

The worst thing about going back to your ex is the fact that you broke up once, so you should really think about the reasons that made you broke up with him and how situations is different now. I understand you're upset after breaking up with present fiancée, and the person who supports you might look like the right guy.. Still I suggest you to take things slowly.. It's quite serious decision to make...

And yes second K-1 application definitely would be red flag.. So make sure that you will be able to prove that your ex is the ''right guy'' not the second attempt to get to the states. Though I really understand that long distance relationships are very hard to maintain , and if there is a drinking habit it's a serous reason not to carry on with your Visa, not just because it was rejected first time.

And don't care much about ''how it will look'' , just take time to make decisions

[AntHoney 2]

@grace2016: I'm feeling with you. I'm not sure, which situation is worse. It doesn't matter. After all we both got disappointed beyond words and after a long struggle of long distance and everything that comes with it we are back to total zero; just with the addition that our previous wrong decisions could be in our ways now. It is painful to commit to someone like to no one else just to learn that it was just one sided. How will you continue? The only idea I have is asking an immigration attorney that had a similar case already and knows how things would turn out.

To check your case status online go to https://egov.uscis.gov/casestatus/landing.do and enter your receipt number.

@Yoveeta: I understand your point and agree with you. Fact is that I know my ex for a lot longer than my now ex-fiancé and I stayed in touch with my ex even while I was with my ex-fiancè. There was no bad blood between us. No dramatic break-up. We just got together too early when we both weren't able/willing to commit for a relationship. This strained the situation so mutually agreed go back to how it was before. Time passed, we both learned more about life and especially I learned what to consider important in someone who is supposed to be your partner. Being in love can make you a fool and that's what got in my way of making the right decision.