My Fiancee Wants To Go Back Home After She Arrived On K-1 Visa, What Can I Do?
Relationships can be complicated and it is even more stressful if you add in the constant long distance and immigration process. Many people cannot handle the amount of patience and strength that it takes to see the journey til the end.
If you have made it to the point of being approved for the K-1 Fiance(e) Visa and your fiancee has gotten on a flight to the United States, but after living here she has changed her mine – there isn’t much you can do.
She still has 90 days to decide whether to get married to you or go home before the 90 days are up.
Why Did My Foreign Fiance(e) Change Her Mind After Arriving On A K-1 Visa?
Try to see this situation from her point of view because she had to leave her entire family, leave school or quit her job and move to a country that is very different from what she is used to. Many foreigners have this preconception of what America is like and the reality sometimes can be very different.
If you are the foreign fiancee and are having cold feet, remember why you first began a long distance relationship with your American fiance and all the hard work you both did to get to where you are.
Long Distance Relationships and U.S. Immigration Can Be Tough On Relationships
U.S. immigration is not easy, but unless you are 100% sure that you do not want to marry your fiance it is best to stick it out and get counseling to find out what these fears are.
It will take some time for the foreign fiance(e) to adjust and feel like America is their new home now.
They need to start all over with their life and that can be hard on them. The best thing you can do is assist them by introducing them to your friends and going out on the town with them to show them around.
They will need a driver’s license, a social security number to begin building their credit and maybe take English classes if they do not speak the language.
What If My Foreign Fiance(e) Does Not Want To Marry?
The good news is that if you have not yet gotten married, the foreign fiance(e) can go back home anytime before the I-94 expires (within 90 days of entry).
You may need to pay for their flight back home if they cannot afford it but once they are back home you have no obligation to them and the entire K-1 Visa is void along with the Affidavit of Support.
If your fiance(e) ever changes their mind once they are back home in their country, you can apply for another K-1 Visa or the CR-1 Spousal Visa for them if you both get married overseas but it will be a little more difficult to get approved again.
Can I Sponsor Another Foreigner If My First K-1 Visa Ended In Failure To Marry?
Yes, you can sponsor another foreigner on a K-1 Visa if your first relationship did not work out after you were approved. But you need to be careful how soon you petition someone else again.
The USCIS is suspicious when you have multiple K-1 Visa petitions too close together so allow some time for you to get to know your new partner.
The process will be the same and I recommend that you go with your new partner to the embassy interview so that you can explain what happened with your previous K-1 Visa petition.
It is always in your best interest to be completely honest with the immigration officer (IO) during the K-1 Visa interview and explain why your previous relationship didn’t work out.
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