Abandoned K1 Concequences

[aaron2020 11,651]

Just now, forevercurious said:

But wouldn't my partner have to be on a Visa if they were here? ONCE AGAIN, THIS IS A US IMMIGRATION FORUM, NOT AN AUSTRALIAN VISA FORUM.  But thanks, that's a relief.

Thanks for clearing that up. So would that mean I have the option of the K1 technically but not the CR1 as we're not a married couple?  YES.  YOU WOULD NEED TO BE MARRIED TO FILE FOR A CR-1 SPOUSAL VISA. 

 

[forevercurious 3]

5 minutes ago, aaron2020 said:

Your USC fiancee starts over with an I-129f to start the K-1 fiancee process.  Every step that you went through before, you have to repeat.  You thought wrong - it's not out of the question to get another K-1.  You just have to start over from the beginning.

 

You do have to be married in order for your USC spouse to start the CR1 spousal visa process.  You need a marriage certificate to file.  You can get marry anywhere in the world.  

But wouldn't we have to sort out some kind of long-term Visa if we were to marry in the US or Aus? I'm glad we have the opportunity but I think if she was to hypothetically come over and stay for a good while and we'd marry we'd have to file something first. Also if I was to go back to the US to marry I take it that the K1 Visa is my only option, right? I'm glad in a weird way that I can still do it I guess. Also thanks for all this, sorry if I sound like a bit of a moron, I just like to double-check. I'm reading up on it too as we speak but some things are a tad confusing.

 

Also thanx for your reply above, my apologies, I probably need to contact someone regarding Australian Visa issues and sometimes it's hard to get info.

Edited January 20, 2019 by forevercurious

[aaron2020 11,651]

2 minutes ago, forevercurious said:

But wouldn't we have to sort out some kind of long-term Visa if we were to marry in the US or Aus? I'm glad we have the opportunity but I think if she was to hypothetically come over and stay for a good while and we'd marry we'd have to file something first. Also if I was to go back to the US to marry I take it that the K1 Visa is my only option, right? I'm glad in a weird way that I can still do it I guess. Also thanks for all this, sorry if I sound like a bit of a moron, I just like to double-check. I'm reading up on it too as we speak but some things are a tad confusing.

I've already repeated things multiple times.   Go back and read what I posted.  You are asking the same questions repeatedly.  

Best of luck. 

Edited January 20, 2019 by aaron2020

[forevercurious 3]

2 minutes ago, aaron2020 said:

I've already repeated things multiple times.   Go back and read what I posted.  You are asking the same questions repeatedly.  

Best of luck. 

Thank you

[JFH 12,189]

You don’t need a K-1 to marry in the US if all you want to do is marry here and then leave. Tourists marry here all the time. I married my American husband here when I was visiting on the VWP. You only need a K-1 if you want to marry AND stay here to live. 

 

Having previously had a K-1 will not affect a future application as you obeyed the rules. You changed your mind and left before the 90 days were up. Perfectly acceptable. You are allowed to change your mind.  

[forevercurious 3]

1 minute ago, JFH said:

You don’t need a K-1 to marry in the US if all you want to do is marry here and then leave. Tourists marry here all the time. I married my American husband here when I was visiting on the VWP. You only need a K-1 if you want to marry AND stay here to live. 

 

Having previously had a K-1 will not affect a future application as you obeyed the rules. You changed your mind and left before the 90 days were up. Perfectly acceptable. You are allowed to change your mind.  

i appreciate hearing this (gives me some hope!) because I thought that the K1 was a thing you couldn't do ever again. It's hard and expensive but a good idea. Ours went well overall. Just right now I have that in mind (as crazy as it may sound) but also was considering having my partner over and we'd get married here. Interesting thoughts. Thanks.

 

If I wanted to file again hypothetically do I have to wait after a certain period of time? Do I have to wait years (I heard two which is a long time...) or could I file in a few months time, for example?

[JFH 12,189]

File whenever is right for your circumstances. There is no time limit. Just make sure you are ready to marry AND live permanently in the USA this time or it’ll be another large donation to the government for nothing. 

[mushroomspore 3,043]

15 minutes ago, forevercurious said:

 

If I wanted to file again hypothetically do I have to wait after a certain period of time? Do I have to wait years (I heard two which is a long time...) or could I file in a few months time, for example?

No, no and technically yes. But be prepared to answer why the first attempt was aborted and why you did not marry then. It's technically a requirement of the K1 to marry in the US within that 90 day window. I would strongly advise against doing K1 again. Get married somewhere and file CR1. K1 part 2 is a waste of time and energy.

[forevercurious 3]

24 minutes ago, JFH said:

File whenever is right for your circumstances. There is no time limit. Just make sure you are ready to marry AND live permanently in the USA this time or it’ll be another large donation to the government for nothing. 

Thank you very much. I heard 2 years somewhere, I can't be that far away from my partner again.

[forevercurious 3]

16 minutes ago, mushroomspore said:

No, no and technically yes. But be prepared to answer why the first attempt was aborted and why you did not marry then. It's technically a requirement of the K1 to marry in the US within that 90 day window. I would strongly advise against doing K1 again. Get married somewhere and file CR1. K1 part 2 is a waste of time and energy.

I appreciate your advice. The thought of filing again stresses me out but I am glad that I can do it and I am willing to explain why it didn't work at first if it comes to that as I'm sure it will. And I suppose that 'somewhere' could be my home country and then we'd file for a CR1? Would my partner be able to marry me if they say, went on holidays here or would they have to be on a very specific kind of visa?

[mushroomspore 3,043]

2 minutes ago, forevercurious said:

I appreciate your advice. The thought of filing again stresses me out but I am glad that I can do it and I am willing to explain why it didn't work at first if it comes to that as I'm sure it will. And I suppose that 'somewhere' could be my home country and then we'd file for a CR1? Would my partner be able to marry me if they say, went on holidays here or would they have to be on a very specific kind of visa?

Aaron2020 already pointed out that if you need visa advice for your specific country, you need to go to that portal on this website. Google is also a thing.

 

For CR1, "somewhere" means anywhere.

Edited January 20, 2019 by mushroomspore

[SalishSea 16,770]

39 minutes ago, forevercurious said:

i appreciate hearing this (gives me some hope!) because I thought that the K1 was a thing you couldn't do ever again. It's hard and expensive but a good idea. Ours went well overall. Just right now I have that in mind (as crazy as it may sound) but also was considering having my partner over and we'd get married here. Interesting thoughts. Thanks.

 

If I wanted to file again hypothetically do I have to wait after a certain period of time? Do I have to wait years (I heard two which is a long time...) or could I file in a few months time, for example?

Just a correction  - *you* wouldn't be filing for a K-1 petition.  Only American citizens can do that.

[forevercurious 3]

9 minutes ago, mushroomspore said:

Aaron2020 already pointed out that if you need visa advice for your specific country, you need to go to that portal on this website. Google is also a thing.

 

For CR1, "somewhere" means anywhere.

Great, and my apologies. I'm pretty stressed out so I'm a little frantic. I appreciate your help. I'm googling this but sometimes speaking to others helps a lot. I did look up the CR1 and the website I was checking out did imply that it was very much involved like the K1, with medical exams and US embassy interviews and everything.

7 minutes ago, Jorgedig said:

Just a correction  - *you* wouldn't be filing for a K-1 petition.  Only American citizens can do that.

oh yes sorry, that's what I meant

Edited January 20, 2019 by forevercurious

[JFH 12,189]

19 minutes ago, forevercurious said:

Thank you very much. I heard 2 years somewhere, I can't be that far away from my partner again.

Even if you did have to wait two years to file, you wouldn’t have to stay apart the whole 2 years. You can still visit the USA and your “partner” can presumably visit you in Australia. You are making this far more dramatic than it really is. 

[forevercurious 3]

6 minutes ago, JFH said:

Even if you did have to wait two years to file, you wouldn’t have to stay apart the whole 2 years. You can still visit the USA and your “partner” can presumably visit you in Australia. You are making this far more dramatic than it really is. 

Thanks so much JFH