Peter Dietrich

Hi all.

I recently went through the K1-Visa process to bring my fiance over from
Thailand. It all went well and she arrived at the end of October here in New
York. Trouble was, she is very ill and did not really have any kind of
chance to adapt to living in the US. To make a long, boring story short, we
decided the best thing for her to do was head back to her own country to get
well where she can be around family and familiar things.

Before she left, we got married in New York in hopes that getting her a
spousal K3-visa will be easier than trying to get a 2nd fiance visa (no, she
wasn't here long enough for Advance Parole).

Well, my question is, do I need to notify the INS about her leaving? Is
there something I can do which will make it easier to bring her over once
she is well enough to try again?

I would appreciate advice or experience with this.

Thanks

Peter

PS. Please don't answer with comments about why she left in the first place
or medical care being better in America. It truly is a very long story with
loads of mitigating circumstances. We are in love and if there was any
possible way I could have avoided sending her home, I would have.

Mrtravel

Peter Dietrich wrote:
    >
    > Hi all.
    >
    > Before she left, we got married in New York in hopes that getting her a
    > spousal K3-visa will be easier than trying to get a 2nd fiance visa (no, she
    > wasn't here long enough for Advance Parole).

Long enough? Well, in some cases, it can be fast.
The comment above makes it sound like you got married just for the
purpose of making the K-3 visa easier.
This normally isn't the best reason for getting married.
Additionally, do to the recent things going on, I would guess the
process is going to get slower, not faster.

    >
    > Well, my question is, do I need to notify the INS about her leaving?

No.

Folinskyinla

Hi:

I would do a I-130 [and perhaps a K-3 I-129f] as if she had never come. However, you might want to make an attachement to the visa petitions in regards to the questions "have you filed any other visa petitions?'

Peter Dietrich

Well, if she had been able to stay, we would have gotten married regardless.
As I stated, there's no question that we love each other and want to live
together forever.

But in a way, we did get married 4 days before she left back to Thailand for
the K3 - not so much because I'm hoping it will be faster, but rather, try
explaining at your next K1 Visa interview why you didn't get married the
first time round. I felt it would have made the consulate very suspicious
why my wife was here for 5 weeks but we never bothered to get married and
were now looking to get another K1 visa. Besides, even though she had to go
back home, it makes us both feel like there is a stronger bond and we can
wait out the next round easier than the first.

But what are you refering to when you say "due to the recent things going
on"? What has changed in the past 6 months regarding the K3 visa process
that would make it more difficult than the K1 process?

Thanks for your comment.

Peter
"mrtravel" wrote in message
news:[email protected]...
    > Peter Dietrich wrote:
    > >
    > > Hi all.
    > >
    > > Before she left, we got married in New York in hopes that getting her a
    > > spousal K3-visa will be easier than trying to get a 2nd fiance visa (no,
she
    > > wasn't here long enough for Advance Parole).
    > Long enough? Well, in some cases, it can be fast.
    > The comment above makes it sound like you got married just for the
    > purpose of making the K-3 visa easier.
    > This normally isn't the best reason for getting married.
    > Additionally, do to the recent things going on, I would guess the
    > process is going to get slower, not faster.
    > >
    > > Well, my question is, do I need to notify the INS about her leaving?
    > No.

Mrtravel

Peter Dietrich wrote:
    >
    > But in a way, we did get married 4 days before she left back to Thailand for
    > the K3 - not so much because I'm hoping it will be faster, but rather, try
    > explaining at your next K1 Visa interview why you didn't get married the
    > first time round

Since that K-1 would be for a marriage to the same man as the first one,
I don't see a reason for suspicion. After all, she had a valid reason to
leave, right?

    >I felt it would have made the consulate very suspicious
    > why my wife was here for 5 weeks but we never bothered to get married and
    > were now looking to get another K1 visa. Besides, even though she had to go
    > back home, it makes us both feel like there is a stronger bond and we can
    > wait out the next round easier than the first.
    >
    > But what are you refering to when you say "due to the recent things going
    > on"? What has changed in the past 6 months regarding the K3 visa process
    > that would make it more difficult than the K1 process?

It can take a very long time for K-3. Plus, immigrant visas are taking
longer due to the additional screening requirements. But, at this point,
there isn't much else you can do.