Can I Apply For a Second K1 Visa? Yes, But There’s a Catch!
Many of us dream of getting engaged to the love of our life and ultimately getting married. But, what if it doesn’t work out? You may ask yourself “can I apply for a second K1 visa?”
The answer to that question may surprise you…
So, we’ll talk about applying for a K1 a second time and how it affects your case. You may be nervous about USCIS questioning why the first K1 fiancé visa application didn’t work out.
Maybe you and your previous fiancé broke up before they came to the United States. Either way, this post will help you understand what is required of you and how to prepare to your second K1 fiancé visa application.
Isaiah met his second fiancee, Julie, almost 9 months ago in the UK. They hit it off quickly and are excited to file the K1 visa to get Julie to the US quickly.
Unfortunately, Isaiah’s previous K1 fiancee, Eve, came to the US and let him just weeks after arriving. He felt betrayed that she only was with him to get to the US. A year later, he met Julie and decided to go through the K1 process all over again by submitting a second K1 petition.
Applying for a K1 visa a second time can be difficult. Not only do you need to explain why the first relationship didn’t work out but now you must prove your next relationship is real.
K1 Visa But Did Not Marry
Here’s the thing about the K1 visa…. you’re required to get married once you enter the United States.
Getting married is the biggest decision of your life (except having children, of course! ????) The K1 was designed so that you enter the US to get married.
So, choosing not to get married is completely against what the K1 is all about.
Additionally, if you did not marry within 90 days of entering on the K1 stamp, you must leave the country. Yup – it’s pretty harsh but you did sign the “letter of intent” promising you would get married.
If you’re wondering “what happens if you got approved for the K1 but did not marry?” there are two answers:
- the petitioner will not need to do anything.
- the beneficiary will need to leave the US.
- the beneficiary stays in the US illegally.
Of course, I always recommend that you go the legal route which is to leave the US if you choose not to marry. But, of course, I know some people will not do this.
The petitioner is not financially required to support the K1 applicant because the I-134 is not legally binding. You can go ahead and let out that sign of relief! ????
Related Post: Learn all about the 2019 K1 visa process
Canceling A Previous K1 Petition
If you’ve realized that your relationship isn’t meant to be before the K1 is issued, you have the option to cancel it.
I’ve talked about canceling the K1 in a previous post, go read it to learn exactly how to request to cancel a pending K1 visa. There isn’t any negative impact on your future case if you cancel, but you will likely be asked about it.
Canceling a K1 petition is the right thing to do if your relationship doesn’t work out. Instead of letting the K1 application expire, it’s better to notify USCIS or the consulate that has the application.
But, I will warn you, if there is any chance of you and your fiancé getting back together – don’t cancel your K1! This is because there is no way to reverse this decision once you submit the cancellation request. ????
Trying to submit a K1 visa petition for the second time for the same fiancé can get tricky so make sure you are completely sure you want to cancel the K1 visa.
Daniel met his first fiancee 2 years ago and submitted the K1 visa application for using form I-129F. After months of waiting they were approved and their petition sent to NVC for processing. Once the interview was scheduled, David realized that his fiancee was lying to him and decided to cancel the K1 visa. He submitted the request directly the US consulate abroad in writing.
In the example above, Daniel did the right thing by notifying the US consulate about the end of their relationship. This resulted in the K1 visa application being canceled.
The foreign beneficiary will be notified that the K1 application will be denied and no interview will be scheduled.
Related Post: How to reduce your chance of K1 visa denial
How To Apply For 2nd K1 Application
We all know that some relationship will end. Some will even end very badly but if it wasn’t meant to be it’s probably for the best.
Breakups are not easy and they are especially difficult when you are in a long distance relationship. Don’t let the fact that you are in a long distance relationship force you to stay in it longer than you need to.
So, now that you’ve moved on to a new and better relationship, how do you apply for a another K1 visa?
Thankfully, the process to apply for a 2nd K1 visa is pretty much the same as the first time. The only difference is that you now must explain why your first relationship didn’t work out.
Before you can apply for the K1 visa a second time, you should know that a waiver is required.
The waiver is used when a petitioner has submitted two or more K1 visa applications. This is a requirement by USCIS to determine whether there is immigration fraud going on.
Related Post: Get approved for the K1 visa in 2019.
If Multiple K1 Visa Is Denied
If you’re nervous about submitting a second K1 fiancé visa, you should be! ha-ha, just kidding. ????
A second K1 visa is more difficult to get approved. This is due to higher chance of suspicion of fraud. You do have a good chance of getting approved if you have a strong case.
But, if you were denied multiple K1 applications it may mean that you didn’t submit enough evidence of a genuine relationship. It’s important to show that the second K1 is based on a real relationship.
How do you prove your next K1 visa is not fraud?
Ideally, you should submit a strong case the first time (I mean second time) to be sure your case gets approved. If you don’t do this, you run the risk of being denied due to fraud.
Even if your relationship is real, you have to prove it to USCIS first.
USCIS adjudicators are trained to look for fraud and having previously submitted a K1 application will definitely make your next K1 visa case stand out that much more.
Additionally, if your next K1 visa is denied, there is the option to appeal but having that decision overturned will be difficult. I usually recommend that you just submit a stronger third K1 petition instead.
Related Post: Here’s what to bring to the K1 visa interview?
Conclusion: Applying For more than one K1 Visa
As you can see, applying for multiple K1 visas can be difficult if you are not prepared. But, by learning what USCIS is looking for you can get approved after a previous K1 denial.
However, it’s unrealistic to think that USCIS will not look further into your past. Especially when you have applied for a K1 application in the past. I’ve seen many couples get approved after previous K1 cancellations or denials.
When it comes to the K1 interview, you can never be too prepared. I say this because it’s hard enough going to your first K1 visa interview and getting a good outcome.
If this is your second or third K1 interview, you must go above and beyond to really convince the consular officer that your relationship is real. This is not the time to assume they already know you love each other and want to get married.
The K1 interview is your final chance to convince then that you are serious and not out to commit immigration fraud.
I’ve seen one too many US citizens get denied the K1 because they didn’t tell the beneficiary that there was a previous fiancé in the past. This is not something you want to hide because this information will come out one way on another.
USCIS required that the current beneficiary is made aware of any previous K1 petitions. It’s best if you are honest with your partner from the beginning to give your relationship the best odds.
Looking for help with your K1 visa application and preparing for the interview? Check out The Migrant Academy! It’s an interactive K1 visa online course that details every step of the process in an easy-to-understand way. Come join a thriving community of like-minded migrants (and their American fiancé’s) bound for the United States.
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Ayan is the founder of the Migrant Academy community, the My Path To Citizenship Blog and Podcast.
After successfully navigating the hurdles of US immigration. She now dedicates her time to helping other couples achieve their goals of starting their new life together in the US.