Legal Question in Immigration Law in Nevada

My first wife was from a K1 Fiance Visa and we stayed married for 15 years. After my divorce I applied for a K1 fiancee visa 2 times and canceled it myself both times because we were not a good match. Will that hurt my chances for approval if I try again? If I got married and did a K3 visa instead of K1 would that improve my chances for approval?

From what I understand if you have had multiple applications they might not approve but I do not think I should be penalized because I canceled them myself.


Asked on 4/16/14, 9:38 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I cannot speculate what USCIS or the Consulate will do in your case. It is very subjective, especially at the Consulate.

However, the Consulates are quicker to suspect fraud & deny a visa issuance, than USCIS would with a visa petition.

Most K-3's are being denied due to the expedient adjudication of the I-130 petitions.

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Answered on 4/16/14, 11:06 am
Philip Eichorn Hammond Law Group

Hi

We've handled this type of case with success. One failed relationship should not preclude USCIS from approving a future relationship. Your lengthy relationship will play a positive role and after working through the reasons your second relationship failed, I'm sure there is an appropriate way to put that information in front of USCIS in the light most favorable to you. Fiance visas are nice, but we've found marriage visas are better.

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Answered on 4/16/14, 12:31 pm


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