Jump to content
2018JNJ

K1 Fiance' Not Stay

30 posts in this topic

Recommended Posts

After much time and money, my fiance came to USA 2 weeks ago.

She stepped off the plane saying she want go right back home.

She never try to adjust here..she miss home too much.

 

So my question, how long after she returns home, in a day or so, can I petition someone else?

I don't have anyone in mind at the moment.  Is it 2 years after first K1 approval?

How does the waiver work?

 

Or would it be better to go the CR-1 route?

Does the 2 year wait apply there as well.

 

Just trying to see what my options are.

 

Duffy probably knows..

 

Thanks.

jj

Share this post


Link to post
Share on other sites
Posted (edited)
21 minutes ago, 2018JNJ said:

After much time and money, my fiance came to USA 2 weeks ago.

She stepped off the plane saying she want go right back home.

She never try to adjust here..she miss home too much.

 

So my question, how long after she returns home, in a day or so, can I petition someone else?

I don't have anyone in mind at the moment.  Is it 2 years after first K1 approval?

How does the waiver work?

 

Or would it be better to go the CR-1 route?

Does the 2 year wait apply there as well.

 

Just trying to see what my options are.

 

Duffy probably knows..

 

Thanks.

jj

If you petition someone within 2 years of your previous petition you will need a waiver.    Other than that there isn't a restriction.

 

Page 7  about half way down

 

https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1

 

https://www.uscis.gov/i-129f

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
6 minutes ago, 2018JNJ said:

So if I were to go over and marry, would there be a restriction on CR1?  Would a 2 year waiver be required for that?

And what does a waiver entail?  Does fiance' wigging out when she gets here and returns home in 2 weeks have any bearing?

No limits on the spousal visa process. No multiple filer waiver needed for it either.

 

I-129F multiple filer waiver = basically signed letter stating the circumstances of past petitions. It's routinely approved. There's no official form....just a letter you write.

It has no bearing on the waiver, although I wouldn't be too surprised if a new beneficiary was asked about it asked about the interview (so they are aware of the past beneficiary).

 

Note that there is a multiple filer waiver also if you have filed 2 I-129Fs in the past ever (not just the 2 within 2 years criteria). Hopefully you never reach the point where that becomes relevant.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
9 minutes ago, 2018JNJ said:

So if I were to go over and marry, would there be a restriction on CR1?  Would a 2 year waiver be required for that?

And what does a waiver entail?  Does fiance' wigging out when she gets here and returns home in 2 weeks have any bearing?

 

Thanks.

jj

I do not believe there is a waiver requirement for the IR/CR-1  spouse visa

 

 

Waiver entails checking a box on the I-129F  .. page  9    And like Geowrian  stated a letter explaining things

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites

I agree .. too bad you can work things out ... maybe get her online to talk with family .. 

 

 


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
1 minute ago, FilAm24 said:

why dont you guys talk about the situation first?most of us immigrants suffered homesickness.

 

it made me sad that instead fixing the situation first youre just gonna let her go and ask here if you can petition again besides she only got here 2 weeks ago?

 

if your desire is really petitioning on next one the 2 experts answers above is what you're looking for.

 

good luck

I talked..I had friends over who talked to her..people from church come talk to her..her family talk to her..she has since moved into a hotel until she can leave.

She does not want to be here..she came from small village and I guess it's too much change for her.

Of course we talked about moving here from the beginning and it was no issue.

I can't make someone try to adjust here.

If they don't want and miss the PH too much..no one can change her mind.

 

jj

Share this post


Link to post
Share on other sites
Just now, Hank_ said:

I agree .. too bad you can work things out ... maybe get her online to talk with family .. 

 

 

Her family said to forget about her and move on to someone better.

They are very ashamed of what happened and upset with their daughter/sister.

I've tried all I know what to do.

 

jj

Share this post


Link to post
Share on other sites
30 minutes ago, 2018JNJ said:

Her family said to forget about her and move on to someone better.

They are very ashamed of what happened and upset with their daughter/sister.

I've tried all I know what to do.

 

jj

 

Sorry this all went south on you.   I commend you for trying as you did ..


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
36 minutes ago, 2018JNJ said:

I talked..I had friends over who talked to her..people from church come talk to her..her family talk to her..she has since moved into a hotel until she can leave.

She does not want to be here..she came from small village and I guess it's too much change for her.

Of course we talked about moving here from the beginning and it was no issue.

I can't make someone try to adjust here.

If they don't want and miss the PH too much..no one can change her mind.

 

jj

well thats sad..sorry this happened to you

 

good luck on the next one🙂god bless

Share this post


Link to post
Share on other sites

She is back in PH now.

Should I withdraw the petition or let it die?

Does withdrawing have any effect, positive or negative, on any future endeavors?

Would her abandoning me and not staying more than 2 weeks be good enough for a waiver?

 

It is a sad situation because she could've been happy here with me and the US.

She just didn't want to try.  We still talk, but it's time to move on.

 

Thanks for all your guys/gals help.

 

jj

Share this post


Link to post
Share on other sites
4 hours ago, AnneA said:

Sure makes me happy to know that my fiance loves me enough to give it a try here or somewhere else if I'm not happy in the US ... just saying 🤔

I have an obligation to my daughter first.  She comes before anyone else.  I can't just get up and leave her.

Now if I didn't have a daughter, then yes I would have moved to PH.

She knew I would not be able to move there from the beginning and that she would have to move here.

She was ok with that until she got here.

 

jj

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×