Need guidance/advice on third K1 Visa application for the same person

[Kurt+Han 0]

Hello Everyone,

I would appreciate if I could get a little bit of advice or guidance regarding a third K1 application for the same person. I will try to make a long story short. My fiancé and I have been together since 2010 and meet when he was here in the US for college. When he had to leave back to his home country China due to his visa expiring and schooling was finished in 2014, we both missed each other and wanted to stay together. We applied for our first K1 visa in Feb 2015 and which was then later accepted. He flew back to me in March 2016. He stayed with me a couple weeks and we both got nervous about marriage and worried things might go wrong with the immigration process after the K1 (we are both males) so he left back to China. Him returning feels like a huge mistake now and we both regret not continuing on and getting married. Shame on us.

 

This brings us to November 2016. We both are still texting every day and talking every weekend. We still miss each other a lot and are kicking ourselves for bailing on the first K1… We apply again for a second K1 later that month. Months go by, request for evidence comes. I missed the waiver portion of the application due to this being the second application in 2 years. So I send that in and a brief explanation of what happened. I was trying to be completely honest. Apparently, that wasn’t good enough and we were denied last week. Feels unfair but I can understand that they may not believe we are ready for marriage and this being our second app within 2 years which are the two reasons for us being denied that I can tell from the long text book style response. We never really thought we would be denied, I was applying for the same person. I feel like we deserve a second chance. We all make mistakes.

 

So this brings us to today. We are thinking of attempting the K1 for a third time. We just want to make sure we are doing this correctly or if we even have the possibility of being accepted again. This new application will be submitted later than 2 years from the first approved one but since it will be the third application in total we still need to submit a waiver from what I read, is this correct? We have seen each other in person in the last 2 years from when he came over on the first K1 and can prove that, is this enough for that requirement or do we need to meet again? Overall, is there anything else we should be aware of on this third attempt? Is there any chance of this being approved? We are both pretty sad about this turn out and are a bit lost on how to proceed from this point.

 

Sorry for the wall of text but I feel the timeline and the situation being somewhat unique it was necessary to explain. Thank you for taking your time to read this if you made it this far.

[IcezMan_IcezLady 582]

As for the requirement, you can read through that from USCIS website.

But why not get married instead? You have already shown that you are both indecisive about taking your relationship to the next level. And they govt will not add you to the divorce statistics in the country.

So personally, getting married will be better.

[millefleur 5,035]

I think, if this is possible in any way, that you would have a stronger case if you just married and filed for a CR-1 visa. It seems you have lost the trust of USCIS concerning the intent to marry which is necessary for a K-1. If he can't make it to the US, try to get married in a third country.

[zilchfox 296]

FYI: Same-sex marriage is LEGAL as of June 2015 for immigration purposes.

 

There might be a chance? But at this point, they probably would rather see actual commitment, you might have a better chance getting married first, and then going for a CR-1 visa instead.

[Ben&Zian 4,397]

Not in China it isn't. So how would they get married? Would have to go meet in a third party country that allows same sex marriage.

[zilchfox 296]

2 minutes ago, Ben&Zian said:

Not in China it isn't. So how would they get married? Would have to go meet in a third party country that allows same sex marriage.

They can both go to Canada and get married legally.  (only other country off the top of my head I know would work)

[millefleur 5,035]

4 minutes ago, Ben&Zian said:

Not in China it isn't. So how would they get married? Would have to go meet in a third party country that allows same sex marriage.

I know it's not convenient but this is probably their best bet. It would also show serious dedication to the relationship if they went out of their way to meet up and marry in a third country.

 

Just now, zilchfox said:

They can both go to Canada and get married legally.  (only other country off the top of my head I know would work)

Exactly what I was thinking. It's a lot easier to get a Canadian tourist visa than a US one. The OP should consider this.

[Ben&Zian 4,397]

Just now, zilchfox said:

They can both go to Canada and get married legally.  (only other country off the top of my head I know would work)

 

Same here honestly. Probably easiest too.

[zilchfox 296]

2 minutes ago, millefleur said:

I know it's not convenient but this is probably their best bet. It would also show serious dedication to the relationship if they went out of their way to meet up and marry in a third country.

 

Exactly what I was thinking. It's a lot easier to get a Canadian tourist visa than a US one. The OP should consider this.

 

2 minutes ago, Ben&Zian said:

 

Same here honestly. Probably easiest too.

Exactly, and it would be obvious to Canadian officials that there's no immigration intent (to Canada) if neither person is even Canadian, so that's super strong proof to either the U.S. or China, not Canada. 

OP, getting married in Canada is probably your best bet, and then while you're there, enjoy a nice vacation! I recommend checking out Banff National Park  and then after you both get back to your respective countries, your (then) spouse can file I-130 to petition you as a spouse to move permanently to the U.S.

[Kurt+Han 0]

3 minutes ago, zilchfox said:

They can both go to Canada and get married legally.  (only other country off the top of my head I know would work)

We looked into Canada but it seems like the requirements for him to just get a travel visa for Canada are pretty difficult with him being from China. The chances of this seem pretty far fetched. They might think he is attempting to immigrate to Canada and not return.

[Ben&Zian 4,397]

Just now, Kurt+Han said:

We looked into Canada but it seems like the requirements for him to just get a travel visa for Canada are pretty difficult with him being from China. The chances of this seem pretty far fetched. They might think he is attempting to immigrate to Canada and not return.

 

It's easier than the US. A lot of Asian people from alot of the countries can get to Canada but not the US.

[zilchfox 296]

Just now, Kurt+Han said:

We looked into Canada but it seems like the requirements for him to just get a travel visa for Canada are pretty difficult with him being from China. The chances of this seem pretty far fetched. They might think he is attempting to immigrate to Canada and not return.

Did he already try? See my reply above regarding intent and proof of ties outside of Canada.

[millefleur 5,035]

Just now, Kurt+Han said:

We looked into Canada but it seems like the requirements for him to just get a travel visa for Canada are pretty difficult with him being from China. The chances of this seem pretty far fetched. They might think he is attempting to immigrate to Canada and not return.

Why difficult? I've known lots of people from Russia who got a Canadian tourist visa no problem. Whereas Russians getting a US tourist visa is extremely hard because the chance of rejection is so high. What were the specified requirements?

[Kurt+Han 0]

Just now, Ben&Zian said:

 

It's easier than the US. A lot of Asian people from alot of the countries can get to Canada but not the US.

 

Just now, zilchfox said:

Did he already try? See my reply above regarding intent and proof of ties outside of Canada.

 

Do you think we should attempt a travel visa for him to Canada first before attempting a third K1?

 

If he attempts to get a travel visa to Canada and it fails would this hurt our chances for another K1 down the line even further?

 

[zilchfox 296]

Just now, Kurt+Han said:

 

 

Do you think we should attempt a travel visa for him to Canada first before attempting a third K1?

 

If he attempts to get a travel visa to Canada and it fails would this hurt our chances for another K1 down the line even further?

 

1. Yes

2. No effect.