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Old Aug 21st 2003, 8:17 pm
  #1  
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Hello,
This is my story, I met my bf almost 2 years ago and after a few months we decided to marry under K1 visa. I got it and I went to Ohio but my feelings had changed and furthermore he announced me he didn't want kids ( I want two ! ). He suggested me, he's also a good friend, to get married anyways ( to stay in USA ) but I refused to do a "sham marriage" and after almost 3 months I got back to my country and we didn't get married.
I met someone else and I'm deeply in love with this person, we would like to marry under K1 to be together but I'm really afraid that the INS is gonna refuse me the visa because I already asked for one. Should I ask it anyways or should I go in the USA and get married there? I am very scared not to do the proper process and be denied ! Thanks for you help, Amandine.
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Old Aug 21st 2003, 8:38 pm
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Originally posted by Amandine
Hello,
This is my story, I met my bf almost 2 years ago and after a few months we decided to marry under K1 visa. I got it and I went to Ohio but my feelings had changed and furthermore he announced me he didn't want kids ( I want two ! ). He suggested me, he's also a good friend, to get married anyways ( to stay in USA ) but I refused to do a "sham marriage" and after almost 3 months I got back to my country and we didn't get married.
I met someone else and I'm deeply in love with this person, we would like to marry under K1 to be together but I'm really afraid that the INS is gonna refuse me the visa because I already asked for one. Should I ask it anyways or should I go in the USA and get married there? I am very scared not to do the proper process and be denied ! Thanks for you help, Amandine.

Hi:

You are fine. It happens more than you think. Disclose, be honest. There might be some delays because they look at it a little closer. You'll have to disclose it anyways at the visa processing stage [the DS-156 asks about prior visas]

I recommend that you make full disclosure on the K-1 PETITION with BCIS with a short statement that K-1 had been filed, granted, visa issued and you had returned.
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Old Aug 21st 2003, 8:46 pm
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Thanks a LOT for your answer, I was very anxious
I will not hide that I had already asked for a K1 visa, I want to be as honnest as possible, furthermore it's true that I got back to my native country and didn't try to stay in the US.
Do you think that I won't get troubles at the airport on my next trip? I planned a visit at my boy friend's but there is this first K1 stamp on my passport they may refuse me entrance ? Should I ask a tourism visa at the US embassy?
thanks
PS : I'm thinking about taking an attorney for my K1 request, is it worth, does it speed the process ? ( edit : my bf lives in CA, has a good position, but I don't know which center we depend on )

Last edited by Amandine; Aug 21st 2003 at 8:49 pm.
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Old Aug 22nd 2003, 1:13 am
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Anyone has travelled as a tourist with an old K1 stamp on passport ? Don't want to stay permanently, just 1 month.
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Old Aug 22nd 2003, 3:06 am
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Originally posted by Amandine
Thanks a LOT for your answer, I was very anxious
I will not hide that I had already asked for a K1 visa, I want to be as honnest as possible, furthermore it's true that I got back to my native country and didn't try to stay in the US.
Do you think that I won't get troubles at the airport on my next trip? I planned a visit at my boy friend's but there is this first K1 stamp on my passport they may refuse me entrance ? Should I ask a tourism visa at the US embassy?
thanks
PS : I'm thinking about taking an attorney for my K1 request, is it worth, does it speed the process ? ( edit : my bf lives in CA, has a good position, but I don't know which center we depend on )
Hi Amandine:

I'm from Canada and the same thing happened to me that happened to you. In fact I sent a letter to the US consulate in Montreal explaining that the marriage was not going to work out so I cancelled the k1 visa which had already received NOA2 approval. Then like you I met another woman that I truly am in love with. We filed for another k1 last April through Vermont and are still waiting to hear about our NOA2 approval. From what I have gathered there is nothing wrong with this except as suggested it may take longer while they check me out. Whatever you do just make sure you do it the legal way so that you don't get banned for a number of years. If you truly love each other the wait will seem very long but for many who have waited they will tell you it was all worth it. This is also a great forum to get answers to any other questions you may have. Where are you from by the way?

Bob
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Old Aug 22nd 2003, 3:15 am
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Originally posted by Amandine
Anyone has travelled as a tourist with an old K1 stamp on passport ? Don't want to stay permanently, just 1 month.
Wow thats a tough call as to reentering the USA with an old k1 stamp on your passport. My understanding is that once you use your k1 and then leave to return to your country and then try to come back into the USA you could run into all sorts of trouble without an advanced parole. A good person in this forum to ask is MR. Udall or Folinskyla (SP.?) both of whom are immigration lawyers.

Bob
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Old Aug 22nd 2003, 4:22 am
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hi,
you mean that even for a tourism journey I'm gonna be in trouble ? That's what I was afraid of... Maybe I should call the US embassy to figure that out. Though these guys like robot... it's hard to get someone on phone or it's about 15$...
The good news is that you guys say that I won't get problems with the second K1. I hope that as long as they see we're correct they don't denie requests.
And yes, time while you're away is sooo long !
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Old Aug 22nd 2003, 5:05 am
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Originally posted by Amandine
Thanks a LOT for your answer, I was very anxious
I will not hide that I had already asked for a K1 visa, I want to be as honnest as possible, furthermore it's true that I got back to my native country and didn't try to stay in the US.
Do you think that I won't get troubles at the airport on my next trip? I planned a visit at my boy friend's but there is this first K1 stamp on my passport they may refuse me entrance ? Should I ask a tourism visa at the US embassy?
thanks
PS : I'm thinking about taking an attorney for my K1 request, is it worth, does it speed the process ? ( edit : my bf lives in CA, has a good position, but I don't know which center we depend on )
Hi:

Lets put it this way -- the old K-1 would be red cape in front of the bull -- and the BCBP dicks have unlimited powers.

The safest way is to wait for the new K-1 to go through and NOT visit him in the States -- have him visit you -- after all -- you and he will by and by spending most your time in the states.

On the tourist visa question, there is an implication that you live in a visa waiver country -- there are pro's and con's if you decide to attempt a visit in any case. And the discussion is beyond the scope of an NG posting.
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Old Aug 22nd 2003, 5:20 am
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"BCBP dicks " lol

I got it, I will NOT visit him there, don't want to be refused at the airport. You know I have 5 weeks of vacation, he gets 1.. 2... that's why it's often easier to visit someone in the US instead of him/her coming here.
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Old Aug 22nd 2003, 5:50 am
  #10  
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"Folinskyinla" <[email protected]> wrote in message
news:[email protected]...

    > You are fine. It happens more than you think. Disclose, be honest.
    > There might be some delays because they look at it a little closer.
    > You'll have to disclose it anyways at the visa processing stage [the DS-
    > 156 asks about prior visas]

I'm in the same situation only in reverse. I am the USC filing for my
fiancee however I filed for a former fiancee in 2000. That petetion was
cancelled by me before she was even interviewed and no visa was issued.

I am hoping that the former pettion will have no effect on this one... but
I'm still a bit worried.

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Old Aug 22nd 2003, 7:50 am
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It's odd when you're not "concerned" you see the situation with a fresh look and I would say you have nothing to fear as you cancelled the petition. And it was in 2000... But with the experience of K1 I will now take attorney I think, or pay fees to make it goes faster ( don't know if it's possible for K1 though )
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