Fiance came but we decided to wait on Marriage

[delrayman]

I am a 59 year old American male and my fiancee is 48 year old Filipino woman. I paid for a K1 visa, went through all the paperwork, waiting, interview etc. She did receive the K1 visa and she arrived in the US in mid October 2019 but later we decided not to get married just yet, so she left the US on December 1st 2019. We had be dating for over 2 years. I had been to the Philippines to visit her twice before, once in 2018 and once in 2019. We also skype pretty much on a daily bases. My question is: Can I travel there and marry her this April? She is a public school teacher near Manila and will be off school for a month at that time. If so, how long would it take for her to be able to come back to the US permanently? She was a little disappointed that we didn't marry and I admit I did get "cold feet" but I do love her and seriously intend to marry her.

[PKumar01]

That's an interesting story. But you didn't do anything wrong as per immigration rules. If the beneficiary doesn't marry you within 90 days upon entry with a K visa, they have to depart. So, you followed the right procedures and therefore your future visa petitions won't be harmed. Now, you can go and marry your partner whenever you want. After you marry, you will have to file for a spousal visa using form I-130. If you decide to marry, then the K visa is no longer an option. The spousal visa cr1/ir1 process isn't as quick as the fiance visa. Typically the spousal route takes anywhere from 14-24 months to complete.
Also note that since your partner already used the K-1 visa once, they cannot use it again (it's a one-time entry only). So, her previous K-1 visa is now void.

[delrayman]

PKumaro1, Thank You for your response.
When you say my partner already used the K1 visa and can't "use" it again. You aren't implying that she could never ever again get another visa...are you?
Would we be able to apply for a new K1 visa? I read on another forum that I would have to wait 2 years to do that.

[PKumar01]

Delrayman, you're welcome. What I meant was that the K-1 visa is a "single entry" visa and can be used one time. Of course, if you wanted, you could apply for another K-1 visa and use it next time. However, that's probably not a good idea even though it's legally allowed. It would be better off for you to marry now and file for the I-130.
The 2-year rule is the multiple filer rule. It says that you cannot apply for a K-1 visa within 2 years of having filed one before. However, there's an easy waiver available for this, so this really isn't the biggest hurdle in your path for another K visa.