K1 visa wife went home and wants to come back and work out the marriage

[chefaleslie 5]

What about a k3 then AOS when she get's here? I came to the USA on a K3 then AOS 6 months later. It was an easier way. 

[Unlockable 7,306]

2 minutes ago, chefaleslie said:

What about a k3 then AOS when she get's here? I came to the USA on a K3 then AOS 6 months later. It was an easier way. 

K3's are hardly issued anymore. There are only a few per year that get approved, otherwise they get converted to CR/IR1. There were only 15 K3's issued in 2017.

 

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

[chefaleslie 5]

35 minutes ago, NuestraUnion said:

K3's are hardly issued anymore. There are only a few per year that get approved, otherwise they get converted to CR/IR1. There were only 15 K3's issued in 2017.

 

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf

Bummer, it was a good way for me to enter the states. I entered in 2007. 

[Crazy Cat 39,414]

5 hours ago, Lee&Ana said:

14 months is more than I would have expected for a spouse visa.  When I tell her this she will not be happy.

There is no faster way.....12 to 14 months is the average time now....the days of 7 month spousal visas are long gone thanks to an enormous increase in the number of petitions.  The sooner you start the process, the sooner you can be together her in the US again.......good luck.

 

 

[David & Diana R 1,005]

6 hours ago, Lee&Ana said:

We have had major discussions about our past disagreements and we both talked about things that we both could have handled better and On the surface we both seem agreeable.  14 months is more than I would have expected for a spouse visa.  When I tell her this she will not be happy.  She has a friend that claims they had their spouse visa approval in 7 months.  

Your wife's friend is full of carp.  It took us 8 months but that was back in 2013.  Now it is taking 12-14 months.  Unfortunately you and your wife blew it when she left.  IR-1 is your only choice now.  But at least she will be allowed to work a few days after she arrives this time.  You mentioned that the cost didn't matter so I guess you can afford to visit her because unless she owns an SM Mall she is 99% unlikely to get a visitors visa at this point.  Good luck and God Bless, david

[Dianalorena 1,153]

I have to agree with other comments, besides the fact it will take at least a year (in some cases depending on country and delays a year and a half, or even more) 

you have to see if the issue is truly resolved. Sure we all make mistakes, but this is a long, emotionally and financially taxing mistake to make again. Spend as much time together as possible, which means you'd have to visit and talk things through. A tourist VISA isn't impossible to get, but it's very unlikely she'd get one considering your history. Good luck to you both 

[Ontarkie 13,933]

How has your relationship been this whole time? They are going to want proof and not just the stuff at the start and end.

 

Talk is cheap if you haven't kept in touch and not just once a month or even once a week,. I mean like a normal married couple who are trying to fix things. I would not believe anything has changed. You need to go see her and really see what is going on and not with your heart but with your head. The one above your shoulders. Because once she gets that visa if she has any false intentions she can enter the US anywhere and never be seen by you again. 

[Godschild! 31]

1 hour ago, missileman said:

There is no faster way.....12 to 14 months is the average time now....the days of 7 month spousal visas are long gone thanks to an enormous increase in the number of petitions.  The sooner you start the process, the sooner you can be together her in the US again.......good luck.

 

 

Hello missileman I wrote you can you please respond.thank you.

[mushroomspore 3,043]

7 hours ago, Lee&Ana said:

We have had major discussions about our past disagreements and we both talked about things that we both could have handled better and On the surface we both seem agreeable.  14 months is more than I would have expected for a spouse visa.  When I tell her this she will not be happy.  She has a friend that claims they had their spouse visa approval in 7 months.  

What year did your friend get their spousal visa? It's common knowledge that processing times have increased tremendously over the past 2 years for ALL categories. Applications for all visas, green cards and other immigration benefits have quadrupled or maybe more across the board. Unless you know this friend personally and spoke to him/her one-on-one and heard from his/her own mouth the details of the spousal visa processing, it's very very hard to believe the process only took 7 months.

 

Secondly, sorry to say this, but the fact your wife won't be happy to hear that this may take 12+ months isn't a very good sign. It comes across like she wants to get back to the US as fast as possible. When it comes to immigration, it's extremely important to be realistic about timing. It's a bit of a red flag when someone wants to rush the process. If you rush into this process without truly cementing your relationship with your wife FIRST, the repercussions could be catastrophic. If she bails AGAIN, it will be hard for her to come to the US. It's already highly unlikely she'll be able to get a tourist visa to see you, considering she abandoned the K1 process. If she abandons the spousal visa process, they'll never give her a tourist visa for sure. I don't think they ban people for abandoning applications more than once. However, CBP and American officials will always be able to see her history when/if she tries to enter the US.

 

But that's mostly the consequences for HER. There's also the possibility that if things do not work with her, you may meet another foreign lady and fall in love with her in the future. If you have TWO abandoned petitions on your record, USCIS will scrutinize any future petitions from you to a much much greater extent. Tread very very very carefully.

[Mrsjackson 300]

You’ll both need to reconcile with the fact that a large mistake was made and it will take a while (12 - 14 months visa spouse visa) to rectify it. Perhaps you could file ASAP, get it all under way and then make plans to visit her in the Philippines? Also, maybe it would be worth considering undergoing some marital counselling, so that you both work on your issues for a better chance at a successful marriage this time around as well as have something to show USCIS that you two are serious about making it work this time. Best of luck to you I hope you’re able to work it out this time. 

[Going through 5,668]

I've remember a few of your older threads, and went back to read a couple I'd missed.... I also agree with others that perhaps it's best for you to visit her first for an extended vacation before starting any sort of immigration process again....see where not only her heart is at, but where her HEAD is at.   Spend some time together, not just with her but also her family.   Have some hard conversations, and then have some more.

 

The last thing you need is for her to bolt on you again after spending time, money, emotion and energy on the CR-1.    

 

[jyaku 138]

Maybe you need a post-nuptial agreement before starting AOS.

 

If she's just listening to friends.. ignore your instincts at your own peril.

[SB5130 88]

15 minutes ago, jyaku said:

Maybe you need a post-nuptial agreement before starting AOS.

 

If she's just listening to friends.. ignore your instincts at your own peril.

This time with IR-1 there is no AOS to cancel. No ROC since it is already a 10-year greencard on hand from the moment she enters US. 

[Sunnyland 639]

Make sure she wants to be back with you for the right reason and not because she realized you are the only way back to US. I mean, God knows what else friends tell her. Make the right decision that benefits you, not in the heat of the moment.

Edited May 1, 2018 by Sunnyland

[POA 175]

15 hours ago, Lee&Ana said:

I am a long time member.  My wife came to the USA in May 2015, got married, filed AOS and then left and went back to the Philippines and her green card was cancelled at USCIS by me.  This happened in September of 2016.  She departed voluntarily 2 days later.

We never divorced.

She wanted to come back to me since December of 2016 and realized she made a huge mistake.  

So here I am 19 months later and find that I still love her and want to bring her back to the USA and work it out.  

Realistically, what option would be the best?

If I file IR- 1, how long would it take and would we have a good chance to be approved?  Would we have to meet in person again?

Or would it be better to divorce and file K1 all over again?

At this point, I don’t care about the cost, I just want to have an easier way to be reunited with her?  

All opinions and questions are welcome and encouraged.  

 

If she reported your marriage in the Ph embassy, she will still be married to you( in the Philippines)  even you divorced her unless she got it dissolved in court. The less complicated way is to petition her through IR-1.