Second time filing....?

[Nmk1 5]

Husband and I originally filed for fiancé visa 2 years ago. We got approved, but ended up breaking up. Fast forward two years, we are pregnant and now married, and submitted forms for a k-3 marriage visa.

Do you think it will raise suspicions considering this is the 2nd time we have filed? Obviously, it's bonafide.

[Ryan H 3,812]

Are you both living in separate countries or are you both in the US? Your profile says "Adjustment of Status (pending) but your post says you intend to pursue a spousal visa.

Obviously, it's bonafide.

Obvious to who????????????? The onus is on you and your spouse to present evidence to that supports that, nothing will be obvious to anyone.

[Nmk1 5]

Are you both living in separate countries or are you both in the US? Your profile says "Adjustment of Status (pending) but your post says you intend to pursue a spousal visa.

Obvious to who????????????? The onus is on you and your spouse to present evidence to that supports that, nothing will be obvious to anyone.

So many question marks. I don't know, I don't feel many would agree to having a baby with someone they don't love just to gain citizenship to a country where you have the threat of Donald Trump becoming president, but maybe I'm biase.

We are both living here. Filed for spousal visa with an attorney 2 weeks ago.

[EM_Vandaveer 2,408]

So many question marks. I don't know, I don't feel many would agree to having a baby with someone they don't love just to gain citizenship to a country where you have the threat of Donald Trump becoming president, but maybe I'm biase.

We are both living here. Filed for spousal visa with an attorney 2 weeks ago.

Do you mean you filed for Adjustment of Status (to get him a Green Card)? Visas are for entering a country. He's already here. What visa did he enter on?

[Ryan H 3,812]

***Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

To dispatch with the semantics, you are not pursuing a K3 visa, you are adjusting status. Odds are better than 50% that you both will be subjected to a Stokes Interview. At such an interview, the sky is the limit in terms of questions that will be asked, be prepared to address why things didn't work out the first time.

US politics are irrelevant when it comes to determining whether or not a couple is genuine or if they are only they are in the relationship to seek an immigration benefit only.

[Nmk1 5]

***Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

To dispatch with the semantics, you are not pursuing a K3 visa, you are adjusting status. Odds are better than 50% that you both will be subjected to a Stokes Interview. At such an interview, the sky is the limit in terms of questions that will be asked, be prepared to address why things didn't work out the first time.

US politics are irrelevant when it comes to determining whether or not a couple is genuine or if they are only they are in the relationship to seek an immigration benefit only.

Those interviews sound so intimidating. ? Poor guy doesn't even care much about citizenship, he just wants to raise his daughter. Regardless, if we are honest about the struggles of long distance being what caused our initial break, do you think they'd understand?

[Merrytooth 5,748]

OP is filing Adjustment of Status from VWP inside US, not spousal visa.

She is confusing people by creating threads all over the place - K1 or CR1/IR1 subforums

[Nmk1 5]

Do you mean you filed for Adjustment of Status (to get him a Green Card)? Visas are for entering a country. He's already here. What visa did he enter on?

Sorry, I do mean filed for adjustment of status. He came on ESTA.

[Nmk1 5]

OP is filing Adjustment of Status from VWP inside US, not spousal visa.

She is confusing people by creating threads all over the place - K1 or CR1/IR1 subforums

Speak for yourself, people are answering my questions so far, and no one seems confused.

[Ryan H 3,812]

***Bickering and/or non-constructive posts removed. This will be the only warning, any further posts that are non-constructive in nature will result in appropriate action being taken against the poster.***

[LionessDeon 2,060]

You have made topics is three different forums. The previous post I saw by you is just a general question "why were you denied AOS"?

This post was a bit confusing. A baby only proves you had sex not that the relationship is bonafide. Hopefully, your lawyer did a good job of proving that part.

Good Luck!

Edited June 1, 2016 by LionessDeon

[dwheels76 5,468]

The issue I see is that you once filed for a K1 meaning he was out the country. You broke up and now you are married and expecting and he mercilessly ended up in the US and you are now adjusting status from a ESTA.

Immigration may think you tried to circumvent immigration rules and regulations to jump the queue. So you may have some explanation to do.

Look suspicious like I said before he was out the country now he is in the country. And you are adjusting.

Can I ask you say K1 was approved but you broke up so he never came over on the K1. You withdrew the petition or cancelled or what happened to it?

[Nmk1 5]

The issue I see is that you once filed for a K1 meaning he was out the country. You broke up and now you are married and expecting and he mercilessly ended up in the US and you are now adjusting status from a ESTA.

Immigration may think you tried to circumvent immigration rules and regulations to jump the queue. So you may have some explanation to do.

Look suspicious like I said before he was out the country now he is in the country. And you are adjusting.

Can I ask you say K1 was approved but you broke up so he never came over on the K1. You withdrew the petition or cancelled or what happened to it?

It expired. My attorney seems to think it won't be an issue that we previously filed, but it still very much worries me.

[3rd 84]

Your Adjustment of Status from the VWP will definitely result in an interview, it's automatic. We had ours but it wasn't a stokes interview, just the average one with a pretty stern IO but very straight forward questions.

Because you'd previously filed for a K-1 you might have a little tougher of an interview, but as long as you front loaded your application and provided sufficient evidence I can't see it being a real problem. There are people that have married, not filed for a CR1, visited on the VWP and situations change and adjust. Life happens, it's unfortunate how people on the outside can look in and judge.

It might be worth chasing up on that K-1 petition and make sure it's really dead in the water.

[Nmk1 5]

Your Adjustment of Status from the VWP will definitely result in an interview, it's automatic. We had ours but it wasn't a stokes interview, just the average one with a pretty stern IO but very straight forward questions.

Because you'd previously filed for a K-1 you might have a little tougher of an interview, but as long as you front loaded your application and provided sufficient evidence I can't see it being a real problem. There are people that have married, not filed for a CR1, visited on the VWP and situations change and adjust. Life happens, it's unfortunate how people on the outside can look in and judge.

It might be worth chasing up on that K-1 petition and make sure it's really dead in the water.

Thank you very much for the sincere answer. I figure being honest is the best policy.