Applying for k-1 twice for same beneficiary

[zrdn2019 35]

Hello—

Last year my fiancé came to the US on a k-1 visa. We had every intention of marrying but things fell apart between us for various reasons, and he ended up moving back to his country before we married. Fast forward half a year and lots of therapy, and we want to try again. Just wondering if USCIS will have any problems with me submitting another petition for the same beneficiary? Or are they just happy to take my money and not raise any eyebrows?

[K & R 343]

I'm sure they will definitely have some questions about why she did not adjust status and wants to try the k-1 again. I can't remember if it was on the ds160 or what but there is a question about previous visa sponsorship (i know there is one on the i-864 for AOS). As long as she didn't overstay (past the 90 days) on the K-1 you should be okay. I would suggest though getting married and going the CR1 route instead this time. The processing time is not much longer than the k-1 and it will definitely be a stronger case than doing a K-1 again. She will also be able to work once she arrives and you won't have to deal with AOS. It will also be much cheaper than the K-1/AOS process (which is probably better for you since you've already paid for a K-1). 

[Mrsjackson 300]

14 minutes ago, zrdn2019 said:

Hello—

Last year my fiancé came to the US on a k-1 visa. We had every intention of marrying but things fell apart between us for various reasons, and he ended up moving back to his country before we married. Fast forward half a year and lots of therapy, and we want to try again. Just wondering if USCIS will have any problems with me submitting another petition for the same beneficiary? Or are they just happy to take my money and not raise any eyebrows?

I don’t think you’ll have a problem. Things happen. I would just explain in the second petition what happened and that you’ve decided to try again. People have submitted numerous K1 applications for different beneficiary’s and been approved. Applying for the same person is unlikely to raise eyebrows. 

[payxibka 10,044]

25 minutes ago, zrdn2019 said:

Hello—

Last year my fiancé came to the US on a k-1 visa. We had every intention of marrying but things fell apart between us for various reasons, and he ended up moving back to his country before we married. Fast forward half a year and lots of therapy, and we want to try again. Just wondering if USCIS will have any problems with me submitting another petition for the same beneficiary? Or are they just happy to take my money and not raise any eyebrows?

USCIS  won't wonder or care as long as you meet 5he petition eligibility.  The consulate may have questions at time of visa interview 

[payxibka 10,044]

11 minutes ago, Mrsjackson said:

I don’t think you’ll have a problem. Things happen. I would just explain in the second petition what happened and that you’ve decided to try again. People have submitted numerous K1 applications for different beneficiary’s and been approved. Applying for the same person is unlikely to raise eyebrows. 

No explanation required to the USCIS,  the explanation comes later 

[Mrsjackson 300]

30 minutes ago, payxibka said:

No explanation required to the USCIS,  the explanation comes later 

Not required not a bad idea. I wrote a “how we met” letter. That wasn’t required either. Just a suggestion.

[KlametJourney 11]

I am sure they will ask questions about it but I don't believe it will go behind that unless CO suspect dishonesties.

[Sailormooon 268]

As long as your fiancé didn't overstay, I don't see why it would be an issue especially if you're petitioning for the same person. 

[SalishSea 16,772]

5 hours ago, K & R said:

I'm sure they will definitely have some questions about why she did not adjust status and wants to try the k-1 again.

Didn't adjust status because didn't marry, so no basis on which to adjust.

[zrdn2019 35]

Thanks to all who replied.  I sent the I-129f a few days ago, and didn't mention the previous K-1 that had been issued to my fiance. If they have questions about it, I'll cross that bridge when we get to it.

[SalishSea 16,772]

23 minutes ago, zrdn2019 said:

Thanks to all who replied.  I sent the I-129f a few days ago, and didn't mention the previous K-1 that had been issued to my fiance. If they have questions about it, I'll cross that bridge when we get to it.

What did you put for the question that asks if you've filed an I-129f for anyone before?

[zrdn2019 35]

I answered that I hadn’t, since this petition is for the same beneficiary. Hope I interpreted that correctly! 🤞

[SalishSea 16,772]

1 hour ago, zrdn2019 said:

I answered that I hadn’t, since this petition is for the same beneficiary. Hope I interpreted that correctly! 🤞

You probably should have mentioned it.  Always tell the truth, and the truth is that it wasn't the first petition you had filed.

Edited April 19, 2019 by Jorgedig

[Just Paul 4,591]

2 hours ago, zrdn2019 said:

I answered that I hadn’t, since this petition is for the same beneficiary.

No, you had filed a previous petition and someone (you) filed one for her.   She also has an A number.

[SalishSea 16,772]

Have you mailed it already?  If so that is quite unfortunate.  Of course they know about the previous petition, but answering "no" amounts to a lie.