Applying for a new K-1 visa within 2 years apart

[NatalieRose 24]

I need honest opinions. How bad is this going to look? I applied for a K-1 visa for an ex fiancé in June 2017. Our I-129f was approved and I withdrew the application before his interview in March 2018. My ex fiancé was abusive the entire 2 1/2 years we were together. Stole my money, gambled, didn’t work or even try, broke things, lied, drank, and was very emotionally abusive. I finally got the strength to break up with him. I was living in Cambodia with his family. He was my housing, my transportation, food, everything. So breaking up was very difficult because I was terrified and he threatened to kill himself or ruin my life if I left. Well before I finally broke up with him I fell in love with another man who I had known since 2016. When I broke up with my ex, I started dating him. We’re now engaged. We live together with his family in Cambodia and we’re 24 weeks pregnant. We met at work. We are extremely in love and so excited about our baby. I really want to move to the US because it will be better for our son and my fiancé agrees. So we want to apply for a K-1 Visa. So my question is. Is that going to look really bad? I mean I applied for some one else 1 1/2 years ago and withdrew it less than a year ago and now want to apply for a different fiancé. I regret everything with my ex and my current fiancé and I are so happy together. But how difficult will this be to prove to immigration?? 

[zorinG 2]

Here is my opinion: It's not such a big deal that it wouldn't grant your fiance a visa (if there's nothing else to do with your case to raise any flags, i.e. income to support you both, previous marriages, or criminal record).  You still have to try and give your best. Just think about your love, your relationship, your baby, your future life together, and showing that in the K1 visa application, the embassy interview, and adjustment of status. There is a question on the form for the K1 application that asks if you have applied for a K1 visa previously, but I think it's only on that form, I-129. I'm not positive it's the only place (a lot of questions repeat themselves). Of course you're honest. Given the quantity and repetitiveness of other questions, like criminal background and intent in the US (lots and lots of those over and over again), relative to the number of questions of you having filed for a previous K1, I don't think it's that big of a deal. Remember, there are individuals who find love online or through a marriage broker and it doesn't work out, they file again and presumably get approved. Just focus on what you have- which is a real relationship, lots of time together, lots of photos and experiences together. Lots of people don't have those things! You will be fine. It is a scary, stressful, and long process but it sounds to me like you have the courage to tackle it. You could also consider marrying in Cambodia and filing for a spousal visa? 

[HonoraryCitizen 179]

A fiancée visa can be denied easily at the embassy even if the petition is approved. Why don’t you want to get married and file a CR1 instead since you’re so sure about him?

 

Since you’ve been outside the USA for some time, do you have enough income etc to successfully provide an Affidavit of Support?

[NatalieRose 24]

3 hours ago, zorinG said:

Here is my opinion: It's not such a big deal that it wouldn't grant your fiance a visa (if there's nothing else to do with your case to raise any flags, i.e. income to support you both, previous marriages, or criminal record).  You still have to try and give your best. Just think about your love, your relationship, your baby, your future life together, and showing that in the K1 visa application, the embassy interview, and adjustment of status. There is a question on the form for the K1 application that asks if you have applied for a K1 visa previously, but I think it's only on that form, I-129. I'm not positive it's the only place (a lot of questions repeat themselves). Of course you're honest. Given the quantity and repetitiveness of other questions, like criminal background and intent in the US (lots and lots of those over and over again), relative to the number of questions of you having filed for a previous K1, I don't think it's that big of a deal. Remember, there are individuals who find love online or through a marriage broker and it doesn't work out, they file again and presumably get approved. Just focus on what you have- which is a real relationship, lots of time together, lots of photos and experiences together. Lots of people don't have those things! You will be fine. It is a scary, stressful, and long process but it sounds to me like you have the courage to tackle it. You could also consider marrying in Cambodia and filing for a spousal visa? 

Thank you so much for your reply and encouragement! I really appreciate it!! Thankfully we both have no criminal record or previous marriages. Because I live overseas I do not meet the income requirement, but my parents are willing to act as co-sponsors. (This is accepted in Cambodia.) We had considered getting married in cambodia he then applying for the spouse visa, but here’s the issue with that. If we apply for the fiancé visa, we can start that now do hopefully be in the US by the end of this year. If we do the spouse visa route, we would have to wait until July or August to start that process because I am going to the US from March-July to give birth. The marriage process in Cambodia takes approx 5 months (I went through the process here and got approved with my ex but we never signed the marriage certificate because we decided to do the fiancé visa, so I’m very familiar with it) So we wouldn’t be married until probably Jan 2020 and then we would have to wait another year for our spouse visa to get approved. It’s much much longer if we go that route unfortunately. 

[NatalieRose 24]

25 minutes ago, HonoraryCitizen said:

A fiancée visa can be denied easily at the embassy even if the petition is approved. Why don’t you want to get married and file a CR1 instead since you’re so sure about him?

 

Since you’ve been outside the USA for some time, do you have enough income etc to successfully provide an Affidavit of Support?

Thank you for your reply!! So we have consider going the CR1 route. We researched it a lot. I have experience with the marriage process in Cambodia as I was approved with my ex (never signed the paper though). It’s extremellt curropt here unfortunately. When I went through the marriage process in 2016 with my ex, it cost us $1,500 and about 7 trips to Phnom Penh (6 hours away from where I live). I have friends who spent $800 on the process and others who spent $3,000. All on the same application. There is no set price and it requires bribery. Also, I will be going to the US from march-July to give birth to our son. The marriage process takes approx. 5 months and I have to be present in Cambodia. So starting that process now is not possible, we would have to wait until July or August, then get married by hopefully Jan 2020 and then another year to process the CR1. So the time frame is a lot longer and it would mean multiple trips to Phnom Penh on a bus (6 hours away) with a newborn baby and us living/working in Cambodia until 2021 on low salaries. That’s why we are considering the fiancé visa instead now. I do not meet the income requirements, but my parents will co-sponsor. 

[Ate 180]

11 hours ago, NatalieRose said:

Thank you for your reply!! So we have consider going the CR1 route. We researched it a lot. I have experience with the marriage process in Cambodia as I was approved with my ex (never signed the paper though). It’s extremellt curropt here unfortunately. When I went through the marriage process in 2016 with my ex, it cost us $1,500 and about 7 trips to Phnom Penh (6 hours away from where I live). I have friends who spent $800 on the process and others who spent $3,000. All on the same application. There is no set price and it requires bribery. Also, I will be going to the US from march-July to give birth to our son. The marriage process takes approx. 5 months and I have to be present in Cambodia. So starting that process now is not possible, we would have to wait until July or August, then get married by hopefully Jan 2020 and then another year to process the CR1. So the time frame is a lot longer and it would mean multiple trips to Phnom Penh on a bus (6 hours away) with a newborn baby and us living/working in Cambodia until 2021 on low salaries. That’s why we are considering the fiancé visa instead now. I do not meet the income requirements, but my parents will co-sponsor. 

 

If it's only the marriage process in Cambodia that's stopping you from marrying your fiance sooner, would you consider marrying him in Singapore instead?  Cambodians can visit visa-free for 30 days.

 

Foreigners are welcome to marry in Singapore.  The process is very straightforward and relatively fast.  It's possible in about 40 days from start to finish and you don't even need to be in Singapore the whole time.  Absolutely no bribes necessary.

 

This site has all the details you'll need: https://www.rom.gov.sg/reg_info/rom_other.asp

 

I'm not an expert on this, so please read through the Singapore Registry of Marriages (ROM) website.  But I thought it might help to highlight some key points that may be of particular interest to you:

• One of you (no need for both) will need to be physically present in Singapore for 15 consecutive days (excluding travel days) to be able to start the marriage registration process (passport stamps will be required).
• Filing for marriage in Singapore can only be done online after your 15 day stay.  Then a minimum of 21 days notice period is required before the actual wedding ceremony can take place.
• After the required 15 days, you will be free to leave Singapore during the notice period and only come back for the wedding.
• If your fiance does not understand English, you will need to have a certified interpreter at the wedding ceremony.  Check with the Singapore ROM if they have a certified Cambodian interpreter.

 

As for costs during your required 15 day stay and wedding, you can keep them under control if you:

• Get budget airline tickets to Singapore.  I checked just now - Jetstar has a non-stop flight from Phnom Penh for around US$170 round-trip.  If you're closer to Siem Reap, it's about US$280 round-trip.
• Book budget accommodations like hostel bedspace.  I've seen hostel accommodations for as low as US$30 a night through Agoda.  Do not book AirBnB - it's illegal in Singapore.
• Eat at hawker centers.  You can get good meals for US$4 or less.
• Have your wedding ceremony at the ROM office.  They offer a no-frills service for minimal cost.

 

Hope this helps.  Whatever you decide, I wish you good luck on your journey!

 

[Ate 180]

Minor correction:

• After the required 15 days, you will be free to leave Singapore during the notice period and only come back for the marriage documents and the wedding.

[NatalieRose 24]

On 1/23/2019 at 5:17 AM, Ate said:

 

If it's only the marriage process in Cambodia that's stopping you from marrying your fiance sooner, would you consider marrying him in Singapore instead?  Cambodians can visit visa-free for 30 days.

 

Foreigners are welcome to marry in Singapore.  The process is very straightforward and relatively fast.  It's possible in about 40 days from start to finish and you don't even need to be in Singapore the whole time.  Absolutely no bribes necessary.

 

This site has all the details you'll need: https://www.rom.gov.sg/reg_info/rom_other.asp

 

I'm not an expert on this, so please read through the Singapore Registry of Marriages (ROM) website.  But I thought it might help to highlight some key points that may be of particular interest to you:

• One of you (no need for both) will need to be physically present in Singapore for 15 consecutive days (excluding travel days) to be able to start the marriage registration process (passport stamps will be required).
• Filing for marriage in Singapore can only be done online after your 15 day stay.  Then a minimum of 21 days notice period is required before the actual wedding ceremony can take place.
• After the required 15 days, you will be free to leave Singapore during the notice period and only come back for the wedding.
• If your fiance does not understand English, you will need to have a certified interpreter at the wedding ceremony.  Check with the Singapore ROM if they have a certified Cambodian interpreter.

 

As for costs during your required 15 day stay and wedding, you can keep them under control if you:

• Get budget airline tickets to Singapore.  I checked just now - Jetstar has a non-stop flight from Phnom Penh for around US$170 round-trip.  If you're closer to Siem Reap, it's about US$280 round-trip.
• Book budget accommodations like hostel bedspace.  I've seen hostel accommodations for as low as US$30 a night through Agoda.  Do not book AirBnB - it's illegal in Singapore.
• Eat at hawker centers.  You can get good meals for US$4 or less.
• Have your wedding ceremony at the ROM office.  They offer a no-frills service for minimal cost.

 

Hope this helps.  Whatever you decide, I wish you good luck on your journey!

 

Wow! Thank you so much for putting so much thought and effort into your reply! I appreciate it so much! I will definitely discuss this option with my fiancé. 

[Ate 180]

On 1/24/2019 at 9:56 AM, NatalieRose said:

Wow! Thank you so much for putting so much thought and effort into your reply! I appreciate it so much! I will definitely discuss this option with my fiancé. 

 

You're welcome!  I wish you all the best.