K1 Visa Expiring In 3 Weeks and No Marriage

[CaliLife 0]

Hello All,

My fiance has been here on a K1 visa since March 8, 2011. After living together since then, it looks like we are agreeing to not get married and she will be going home at the end of this month. Is there a waiting period before she can go the K1 route with someone else in the future and is there a waiting period before I can go the K1 route with someone else in the future?

Thanks for your time.

[payxibka 10,045]

Hello All,

My fiance has been here on a K1 visa since March 8, 2011. After living together since then, it looks like we are agreeing to not get married and she will be going home at the end of this month. Is there a waiting period before she can go the K1 route with someone else in the future and is there a waiting period before I can go the K1 route with someone else in the future?

Thanks for your time.

no and theoretically two years but not really

Edited May 15, 2011 by payxibka

[Brad and Vika 129]

Have a look at the I-129 instructions here. It says that you need a waiver to get another K-1 within two years of the second. If this is only your first, no trouble. I have never heard of a waiver being turned down though, so don't worry. Good Luck!

Edited to add some clarity (I and my wife had to have a conversation about my honeydoo list )

Edited May 15, 2011 by Brad and Vika

[LookyWhatIFound 38]

Hello All,

My fiance has been here on a K1 visa since March 8, 2011. After living together since then, it looks like we are agreeing to not get married and she will be going home at the end of this month. Is there a waiting period before she can go the K1 route with someone else in the future and is there a waiting period before I can go the K1 route with someone else in the future?

Thanks for your time.

Sorry to hear that.

For her I don't believe so and never heard of such a thing. Somebody can correct me if I'm mistaken.

For you the petitioner if you are going to make another I-129F petition within 2 years you have to write, sign and date a letter about why you should be allowed to file within the 'IMBRA Filing limitation' of 2 years and attach any supporting documentation, like past NOA2, etc.

Edited May 15, 2011 by LookyWhatIFound

[Gary and Alla 3,694]

Hello All,

My fiance has been here on a K1 visa since March 8, 2011. After living together since then, it looks like we are agreeing to not get married and she will be going home at the end of this month. Is there a waiting period before she can go the K1 route with someone else in the future and is there a waiting period before I can go the K1 route with someone else in the future?

Thanks for your time.

No. If you file for another K-1 within 2 years of the approval of the first one (NOA2 date), you have to request a waiver with the petition.

[Krikit 1,163]

Hello All,

My fiance has been here on a K1 visa since March 8, 2011.

Just a clarification in reference to your subject title: "K1 Visa Expiring In 3 Weeks". The visa has already been endorsed so it is no longer valid. It is the arrival/departure record (I-94) which will expire. That expiry date will be 90 days from the date of entry.... so she has until June 8th.

Edited May 15, 2011 by Krikit

[Krikit 1,163]

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