Reapply after didn’t get married the first time

[Tara28 0]

Hi everybody,

 

I’m looking for some advice from you guys for my unusual case. On 11/2015 my fiance filed K1 visa for me, I got my visa and entered to the US on 08/2016. Within 90 days we didn’t get married and I returned to Vietnam but we still continue the relationship. 03/2017 I applied for B2 visa, and it was approved, I entered to the US twice but spent almost 6 months for each time. On 08/2018 I extend my B2 visa and it was denied because I lived in the US in the last year and it’s not the right way to use B2 visa. The cosultant was really nice and helpful when she tried to consider her decision 3 times though after she said no to me she still explained why and told me I should apply for another K1 visa if I want to come again. I totally understand and accept that. Now we are thinking about reapply K1 visa but I have some questions I can’t firgure out

1/ How long should we wait to apply K1 visa again since my B2 visa was denied?

2/ My friend told me my fiance only has 2 times to apply for K1 visa with me and we already wasted once. Is it true?

3/ Do we need any forms or any requirements for not finishing the last K1 case?

4/ Does it take longer than normal case because we do it the second time? Last time my case was approved after 1 months 

 

Thank you so much for spending time to share your experience with me. Wish you all the best!

[Ben&Zian 4,397]

2 minutes ago, Tara28 said:

Hi everybody,

 

I’m looking for some advice from you guys for my unusual case. On 11/2015 my fiance filed K1 visa for me, I got my visa and entered to the US on 08/2016. Within 90 days we didn’t get married and I returned to Vietnam but we still continue the relationship. 03/2017 I applied for B2 visa, and it was approved, I entered to the US twice but spent almost 6 months for each time. On 08/2018 I extend my B2 visa and it was denied because I lived in the US in the last year and it’s not the right way to use B2 visa. The cosultant was really nice and helpful when she tried to consider her decision 3 times though after she said no to me she still explained why and told me I should apply for another K1 visa if I want to come again. I totally understand and accept that. Now we are thinking about reapply K1 visa but I have some questions I can’t firgure out

1/ How long should we wait to apply K1 visa again since my B2 visa was denied?

2/ My friend told me my fiance only has 2 times to apply for K1 visa with me and we already wasted once. Is it true?

3/ Do we need any forms or any requirements for not finishing the last K1 case?

4/ Does it take longer than normal case because we do it the second time? Last time my case was approved after 1 months 

 

Thank you so much for spending time to share your experience with me. Wish you all the best!

 

1. No need to wait

2. Wrong

3. No, you will just need the original information to add on the new forms as it will ask about previous petitions and such

4. No, same as everyone else.

Edited October 11, 2018 by Ben&Zian

[Jenna Ting 27]

1 hour ago, Tara28 said:

Hi everybody,

 

I’m looking for some advice from you guys for my unusual case. On 11/2015 my fiance filed K1 visa for me, I got my visa and entered to the US on 08/2016. Within 90 days we didn’t get married and I returned to Vietnam but we still continue the relationship. 03/2017 I applied for B2 visa, and it was approved, I entered to the US twice but spent almost 6 months for each time. On 08/2018 I extend my B2 visa and it was denied because I lived in the US in the last year and it’s not the right way to use B2 visa. The cosultant was really nice and helpful when she tried to consider her decision 3 times though after she said no to me she still explained why and told me I should apply for another K1 visa if I want to come again. I totally understand and accept that. Now we are thinking about reapply K1 visa but I have some questions I can’t firgure out

1/ How long should we wait to apply K1 visa again since my B2 visa was denied?

2/ My friend told me my fiance only has 2 times to apply for K1 visa with me and we already wasted once. Is it true?

3/ Do we need any forms or any requirements for not finishing the last K1 case?

4/ Does it take longer than normal case because we do it the second time? Last time my case was approved after 1 months 

 

Thank you so much for spending time to share your experience with me. Wish you all the best!

You've been denied once. Your situation is different from ppl who  only applied for one K visa.I suggest you not to take a risk.  It's better for you to find a professional .If you need any help .Let me know. I asked an iimmigration lawyer who offers free consultation recently, he's very helpful.  

[aaron2020 11,651]

1 minute ago, Jenna Ting said:

You've been denied once. Your situation is different from ppl who  only applied for one K visa.I suggest you not to take a risk.  It's better for you to find a professional .If you need any help .Let me know. I asked an iimmigration lawyer who offers free consultation recently, he's very helpful.  

What risk?

 

There is absolutely no need for an immigration lawyer.  This is a pretty simple case.  A denied B2 is not a reason to get an immigration lawyer.

Lots of people have been denied B2 visas who have successfully gotten K2.

What here is a red flag for you that requires an immigration lawyer?  I don't see any red flags.  

 

 

[Jenna Ting 27]

1 hour ago, aaron2020 said:

What risk?

 

There is absolutely no need for an immigration lawyer.  This is a pretty simple case.  A denied B2 is not a reason to get an immigration lawyer.

Lots of people have been denied B2 visas who have successfully gotten K2.

What here is a red flag for you that requires an immigration lawyer?  I don't see any red flags.  

 

 

I'm not here to offer any answer for her situation as I don't have the same case as hers. So you had the same circumstance ?She can decide what to do. It's no harmful to get free consultations from any immigration lawyers.

[Shiran 1,134]

The risk is not as much about denied 3rd B2, but more the fact she had K-1 with same partners already, then didn't get married. The purpose of K-1 Visa is intent to get married. It seems, like CO reviewing the case would have serious questions about bona fide relationship. Not to mention, the way post is worded 

7 hours ago, Jenna Ting said:

told me I should apply for another K1 visa if I want to come again.

implies K-1 visa is being used merely as a tool to visit US again, and not intent to actually get married. If relationship is serious, at this point I would think they get married in Vietnam or some other country, and then file for CR-1. 

 

Also, it takes a heck of a longer than 1 month to get K-1 approval now. So while it doesn't take 'longer' because it is 2nd time filing, it does take longer than that 2015 experience. 

Edited October 11, 2018 by Shiran

[Jenna Ting 27]

9 hours ago, Shiran said:

The risk is not as much about denied 3rd B2, but more the fact she had K-1 with same partners already, then didn't get married. The purpose of K-1 Visa is intent to get married. It seems, like CO reviewing the case would have serious questions about bona fide relationship. Not to mention, the way post is worded 

implies K-1 visa is being used merely as a tool to visit US again, and not intent to actually get married. If relationship is serious, at this point I would think they get married in Vietnam or some other country, and then file for CR-1. 

 

Also, it takes a heck of a longer than 1 month to get K-1 approval now. So while it doesn't take 'longer' because it is 2nd time filing, it does take longer than that 2015 experience. 

 

[Jenna Ting 27]

1 minute ago, Jenna Ting said:

 

This makes sense

[debbiedoo 2,339]

20 hours ago, Tara28 said:

1/ How long should we wait to apply K1 visa again since my B2 visa was denied?

2/ My friend told me my fiance only has 2 times to apply for K1 visa with me and we already wasted once. Is it true?

3/ Do we need any forms or any requirements for not finishing the last K1 case?

4/ Does it take longer than normal case because we do it the second time? Last time my case was approved after 1 months 

 

Thank you so much for spending time to share your experience with me. Wish you all the best!

you can apply immediately but only if you actually INTEND to get married. its not a 'come and visit awhile' visa

no thats not true

you will be asked about previous petitions so be prepared with that info

current timeline for K1 are 8-12 months