One petition - two K-1s

[RobertM54 36]

On the tourist visa forum HFM181818 pointed out something so cool I wanted to bring it back here and seek clarification.

"and as for a K1 having to be used to accelerate a relationship is not true...the K1 holder has 90 days in which to marry after being admitted to the US...if not, then the K1 holder departs and the petition/visa can be extended and another 90 days can be given to the beneficiary, giving ample time for the relationship to be nurtured....it's not as if the K1 holder has to marry in the airport parking lot."

Me "Cool - thanks. So if we do not get to yes in 90 days, she goes back and immediately files another DS-160 for a second K1?"

--> Or if we do get to yes and want to bring her son back without the AP hassle and delay.

HFM181818: "pretty much....there is a little paperwork shuffle but not nearly as onerous as the first petition!"

So if I understand, my girl can go home,get the second K1 and this time return with her son.

Has anybody ever done this?

[LionessDeon 2,060]

Never heard of this.

I have heard of a K1 beneficiary having to return home for an emergency prior to getting married and asking the embassy to reissue the visa. It's been said this must occur before the original 90 days is up. And then to bring another applicant that wasn't included the first time does not sound right at all.

I'm not sure you understood the proper intention discussed in that conversation you had.

Edited February 3, 2016 by LionessDeon

[jan22 2,924]

This is really inaccurate - and misleading. If the K-1 is used to enter the US and the beneficiary leaves prior to 90 days without having gotten married, the only way the K-1 can be re-issued is if there is time to do it AND return to the US AND get married all within the original 90 days. The re-issuance does NOT extend the 90 days - it merely gives you a second chance to get married within the original 90 days. (Google 9 FAM 502.7-5©(7)(e) or 9 FAM 41.86 N6.3...this is the same Foreign Affairs Manual cite, it's just been re-numbered. Or, you can try to use this URL, hope it works: https://fam.state.gov/fam/09FAM/09FAM050207.html ).

Don't know the issue with the son, so can't say anything about that. Hope you can work it all out.

[RobertM54 36]

Hmmmm. bummer

https://fam.state.gov/fam/09FAM/09FAM050207.html

(Previous location: 9 FAM 41.81 N6.3; CT:VISA-1547 09-27-2010)

e. 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 fiancé(e) has returned abroad prior to the marriage, you may issue a new K 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, provided the alien fiancé(e) pays a new application processing fee, 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 status.

[jan22 2,924]

But better you know now, right?

Glad you got it to post...for some reason, my tablet didn't seem to want to copy/paste te text!

[Ksenia_O 695]

K-1 visa valid for a 6-month period.. It doesn't make any sense to leave 5 years old kid behind, and 'jump here-there" within those 90 or whatever days... She can easily arrive later, within 6 months, together with kid.

Besides, the "first one" K-1 is not issued . Yet. And you are already thinking about the "second" one, that may not be issued at all... Something doesn't seem right here.

[RobertM54 36]

K-1 visa valid for a 6-month period.. It doesn't make any sense to leave 5 years old kid behind, and 'jump here-there" within those 90 or whatever days... She can easily arrive later, within 6 months, together with kid.

Besides, the "first one" K-1 is not issued . Yet. And you are already thinking about the "second" one, that may not be issued at all... Something doesn't seem right here.

What is not right here is she she will likely be refused the B2 so we will not have more than a few weeks worth of face time before she arrives on a K1 and none in the USA. There is a big age difference so I am not going to rush. I will not bring her child over until I know she and I are good here. Her son is 5 years old - we know he is going to be fine

As others have posted, if we get married during the K1 period, then we just have just have to wait for Advanced Parole to go back and get her son.

And jan22 - thanks for your added insight - much appreciated.

Edited February 5, 2016 by RobertM54

[baron555 934]

So if I understand, my girl can go home,get the second K1 and this time return with her son.

No

Has anybody ever done this?

Some have when there is extenuating circumstances, like the beneficiary had to return to their home country due to a family medical emergency.....but to return before you marry just because and then get another K-1. Nada, don't plan for it.

It's all up to the discretion of the Embassy. Many times we have also seen where they were denied the reissuance of a K-1 and the couple had to repeat the entire K-1 process from step 1.

[baron555 934]

What is not right here is she she will likely be refused the B2

Most likely.

so we will not have more than a few weeks worth of face time before she arrives on a K1 and none in the USA.

What are you talking about? Are you two ready to get married or not? The K-1 is not a let's get to know each other visa. All this is supposed to have been worked out before filing the petition.

There is a big age difference so I am not going to rush.

Between who? You two? What is the concern?

I will not bring her child over until I know she and I are good here.

Please explain.

Her son is 5 years old - we know he is going to be fine

Who is he going to live with?

As others have posted, if we get married during the K1 period, then we just have just have to wait for Advanced Parole to go back and get her son.

Correct, figure about three months after applying for AOS which is after the marriage.

[RobertM54 36]

What is not right here is she she will likely be refused the B2

Most likely.

so we will not have more than a few weeks worth of face time before she arrives on a K1 and none in the USA.

What are you talking about? Are you two ready to get married or not? The K-1 is not a let's get to know each other visa. All this is supposed to have been worked out before filing the petition. No, I am not ready to get married. Whether the K1 is a get to know you option has been discussed elsewhere. Let's just disagree here.

There is a big age difference so I am not going to rush.

Between who? You two? What is the concern? Me and my girl. There are many concerns with this age difference and an incredibly beautiful woman.

I will not bring her child over until I know she and I are good here.

Please explain. Until I know that my girl and I are good in the environment in which we will live, it would cruel and distracting to bring her son. My opinion.

Her son is 5 years old - we know he is going to be fine

Who is he going to live with? Grandma and grandpa.

As others have posted, if we get married during the K1 period, then we just have just have to wait for Advanced Parole to go back and get her son.

Correct, figure about three months after applying for AOS which is after the marriage.

[Georgia16 2,858]

What is not right here is she she will likely be refused the B2 so we will not have more than a few weeks worth of face time before she arrives on a K1 and none in the USA. There is a big age difference so I am not going to rush. I will not bring her child over until I know she and I are good here. Her son is 5 years old - we know he is going to be fine

As others have posted, if we get married during the K1 period, then we just have just have to wait for Advanced Parole to go back and get her son.

And jan22 - thanks for your added insight - much appreciated.

Very surprised someone would ask a mom to leave her child! -- I would never do that for anyone at all and why even marry someone if you need to see if it will work out?

It's not a "we need to see if we are good together" visa!

She is leaving everything behind so maybe you guys should forget about the K-1 visa until you know each other good enough to know that everything will be fine. Many in here including myself have a big age difference without problems.

[baron555 934]

RobertM54, on 05 Feb 2016 - 08:17 AM, said:

What is not right here is she she will likely be refused the B2

Most likely.

so we will not have more than a few weeks worth of face time before she arrives on a K1 and none in the USA.

What are you talking about? Are you two ready to get married or not? The K-1 is not a let's get to know each other visa. All this is supposed to have been worked out before filing the petition. No, I am not ready to get married. Whether the K1 is a get to know you option has been discussed elsewhere. Let's just disagree here.

OK, it's your dime.

There is a big age difference so I am not going to rush.

Between who? You two? What is the concern? Me and my girl. There are many concerns with this age difference and an incredibly beautiful woman.

I disagree. There are many of us old fat bald guys that brought over a young Eastern European hottie, and are living together just fine.

I will not bring her child over until I know she and I are good here.

Please explain. Until I know that my girl and I are good in the environment in which we will live, it would cruel and distracting to bring her son. My opinion.

That's fine.

Her son is 5 years old - we know he is going to be fine

Who is he going to live with? Grandma and grandpa.

Then you have everything covered.

As others have posted, if we get married during the K1 period, then we just have just have to wait for Advanced Parole to go back and get her son.

Correct, figure about three months after applying for AOS which is after the marriage.

[Loki_Go 126]

I wonder, since it sounds like you two don't really know each other if it'll be tough to even be approved for the K1, especially from the Ukraine.

[Boiler 43,834]

To others reading the prior threads may be educative.

If you are not ready to marry then you are not ready to file a K1/2.

[baron555 934]

I wonder, since it sounds like you two don't really know each other if it'll be tough to even be approved for the K1, especially from the Ukraine.

Kiev is an easy Embassy.