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

[Lainie B 465]

Go meet in Saipan and get married there. It's part of the US, so allows same-sex marriage, but no US visa is needed for Chinese tourists - there is a visa waiver. 

Edited May 31, 2017 by Lainie B
Clarification

[Kurt+Han 0]

23 minutes ago, Maria1989 said:

Well I flew to his home country and stayed two weeks and Im flying back prior to his interview. I heard that if you have a pending Petition or Denied Petition with the US that Canada will also deny, as they may think you are somehow trying to get around the US Immigration. Dont know how true that is, but we did explain that the purpose of his Visa was to have visits and in turn fulfill Immigration Requirements for the US, and as I stated we were denied. 

 

Canada has an easy online application and its about $100 US Dollars, with a turn around of about ten days for a decision. Wouldnt hurt to try, but basically all it did for me was hurt my feelings and shortly delay my process. Give it a shot it wouldnt hurt, you may get approved. 

 

Also, Check the last two pages of the denial, that is basically the just of the reason they are denying. Then see what you can do to overcome that. If its just about the waiver, and it will be more than two year shortly, then maybe you should wait that time period and reapply.  

 

I would agree with @2far a third attempt would be legitimate. 

 

Further, Canada does not require a Visa for US Citizens however they do require a Passport or an Enhanced Driver's License or ID, that is available to Michigan Residents (I dont believe this is available in other states, not sure) , this ID or License allows for travel by Car to Canada, without a passport. 

 

 

Thank you for your input. Like you and other have said it shouldn't hurt to give Canada a try. If that fails we can attempt another K1.

I've read somewhere but not certain that you need to supply a waiver for every K1 application you do after your second time applying. So like for the 3rd app and beyond requires a waiver. Does anyone know if this is correct? I will try to do some more research on this.

[Maria1989 403]

23 minutes ago, Kurt+Han said:

Thank you for your input. Like you and other have said it shouldn't hurt to give Canada a try. If that fails we can attempt another K1.

I've read somewhere but not certain that you need to supply a waiver for every K1 application you do after your second time applying. So like for the 3rd app and beyond requires a waiver. Does anyone know if this is correct? I will try to do some more research on this.

Isnt a Waiver required if you have had one approved petition in the prior two years. If it is after two years I dont think its required. 

[Kurt+Han 0]

12 minutes ago, Maria1989 said:

Isnt a Waiver required if you have had one approved petition in the prior two years. If it is after two years I dont think its required. 

Yes this is correct but I wasn't sure if it was also required for 3+ applications as well. I thought I remember reading something like that on another thread somewhere when I was digging through previous posts. It may not be required but it just wanted to confirm. At this point in time right now we are passed the 2 year mark for the first accepted K1.

[2far 185]

Seriously, I think you just didn't send in the correct information for the waiver and all of this talk about marrying in 3rd countries is over-reacting.

But no one seems to want to discuss the most logical explanation here.

 

[Kurt+Han 0]

22 minutes ago, 2far said:

Seriously, I think you just didn't send in the correct information for the waiver and all of this talk about marrying in 3rd countries is over-reacting.

But no one seems to want to discuss the most logical explanation here.

 

True, I am actually a bit surprised with the amount of responses recommending another country. I didn't think the thread would go in that direction but it is something to think about. The denied K1 basically came down to them not accepting the waiver I submitted. I told the honest true on the waiver hoping that would be enough. They doubt our intent to marry and don't have evidence that anything has changed in that manner. Not really sure of a good way you can prove via paperwork that our relationship has changed and we are ready for marriage.

With the first accepted K1 being past two years now I wonder if a third wouldn't be held up by this waiver. 

 

Edited May 31, 2017 by Kurt+Han

[Crazy Cat 39,342]

20 minutes ago, Kurt+Han said:

They doubt our intent to marry and don't have evidence that anything has changed in that manner.

I think the real point of some of the posts were that marriage might be a better alternative to the K1.  The 3rd country ideas were a result of the China situation.

[Maria1989 403]

52 minutes ago, 2far said:

Seriously, I think you just didn't send in the correct information for the waiver and all of this talk about marrying in 3rd countries is over-reacting.

But no one seems to want to discuss the most logical explanation here.

 

Agreed. It seems he needs to really read the denial and overcome that issue. If it has been more than two years it seems as if he is all set to refile with updated evidence. 

 

What sucks to me is that the fee is now $535 😡

[Ebunoluwa 6,136]

When was the last time you have seen each other in person ? Almost 2 years ago ?
You definitely need another visit for in for a third K1 to be approved.
Frequent visits are the best thing to prove a genuine relationship.

Yes, a waiver request is needed.

Did you word the waiver request correctly ? Did you include a letter of intent each ?
What exactly did the RFE say ? What did you submit ?
I am still surprised USCIS denied you the second visa and you weren't very detailed with the reason why but just assumed

it was due to the reasons you stated in your posts. It is usually that USCIS approves and you get refused at the embassy phase

in the circumstances you described.

I think a piece of info is missing here.

 

[caliliving 606]

I really think beforfe you head off and do a CR1 which processing is MUCH MUCH longer then the k1 you figure out the resons for the k1 denial.

 

When did you last see each other?? how many visits inbetween the old denial and the new one? did you visit AT ALL!!!! i think you should make another visit there, and spend time and do another k1!! 

 

Canada is going to see the K1 denial and think you are trying to get around everything.  Honestly, i am surprised people are so 'confident' in you getting the canadian visitor visa especially with having spent time during school in america and a denied visa to america.  

 

I think they want to see what CHANGED from your first k1 petition to the second one besides 'we talked more and i really feel like we are ready now' 

[Coco8 1,039]

6 hours ago, Lainie B said:

Go meet in Saipan and get married there. It's part of the US, so allows same-sex marriage, but no US visa is needed for Chinese tourists - there is a visa waiver. 

Argentina would also work https://turismo.buenosaires.gob.ar/en/article/get-married-ba

[geowrian 22,336]

14 hours ago, zilchfox said:

With that said, the K-1 denial will not influence a tourist visa decision in Canada whatsoever, as it is a separate country after all.

This is not entirely accurate...Canada and the US share this type of information as of around 2013. Refused visas, violations of visas, and denied entries are known to both countries. Canada will see the K-1 visa attempts and may consider it as an attempt to enter the US.

 

It's a global world we live in nowadays.

 

9 hours ago, Maria1989 said:

Well I flew to his home country and stayed two weeks and Im flying back prior to his interview. I heard that if you have a pending Petition or Denied Petition with the US that Canada will also deny, as they may think you are somehow trying to get around the US Immigration. Dont know how true that is, but we did explain that the purpose of his Visa was to have visits and in turn fulfill Immigration Requirements for the US, and as I stated we were denied. 

It's certainly not directly a denial, but they will take into account a refused US visa attempt. I don't believe they know about pending US visa applications, though. I could be wrong.

[CareIsh 5]

Get marry in Denmark. We are same-sex couple too. Me and my wife got married on beautiful Danish Aero islands.

Popular destination for same-sex marriages. Check out the link below. These were our wedding planner.

Good luck!

 

http://www.getmarriedindenmark.com

[Maria1989 403]

7 hours ago, geowrian said:

This is not entirely accurate...Canada and the US share this type of information as of around 2013. Refused visas, violations of visas, and denied entries are known to both countries. Canada will see the K-1 visa attempts and may consider it as an attempt to enter the US.

 

It's a global world we live in nowadays.

 

It's certainly not directly a denial, but they will take into account a refused US visa attempt. I don't believe they know about pending US visa applications, though. I could be wrong.

I would error on the side of they take it all into account. At the time we had a Pending Application and I had a history of frequent visits to Canada with no issues, he had no denied Applications US or otherwise and was gainfully employed, it was still a no go. 

[geowrian 22,336]

4 minutes ago, Maria1989 said:

I would error on the side of they take it all into account. At the time we had a Pending Application and I had a history of frequent visits to Canada with no issues, he had no denied Applications US or otherwise and was gainfully employed, it was still a no go. 

Yes, absolutely. They will look at the totality of the circumstances.