How long after old, unused I-129F must I wait to file I-130 for a CR1?

[Andy and Qian 0]

Hello VJ Members,

I searched for an answer to this in your forums but was not able to find one specific to my situation.

Less than two years ago, I filed a I-129F for a fiance visa. However, we broke up before we had submitted Packet 3.

Fast forward to today. I have met a lady during my travels who may become my wife. My questions are, assuming we marry, do we need to wait two years after previously submitted I-129F before applying for a CR1 with a I-130, if we do NOT use a I-129? And if we do have to wait, do we wait from the submission date of the previous I-129F or the date it was cancelled or expired? If it is the latter, how do I go about learning this date?

Also, what are the negatives, if any, to doing a CR1 without a I-129?

Thank you in advance for any assistance you can provide.

Sincerely,

Andy

[Darnell 8,478]

no. you have an IMBRA reg wrongly stuck in yer brain.

and it's this:

For a K-1, the petitioner can file 2 in within 2 years.

If 3 , must to ask for IMBRA waiver via letter submitted with the 3rd I-129F.

This doesn't apply to CR-1/IR-1 visa chasers, at all.

You not need to ask for waiver with the I-130.

you mention I-129F with the I-130 - I'm thinking yer thinking to file the I-129F for a K-3 ? Don't do it, it's a waste of time.

Some light reading for you ?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

---

Basically, a CR-1 visa chaser has no need to file an I-129F to chase after a K-3 visa. The K-3 visa's viability for chasing, is effectively dead. USCIS still accepts an I-129F, sure - but since it'll get closed at NVC ? why to bother?

Edited April 12, 2013 by Darnell

[Andy and Qian 0]

Darnell, Thank you! That is great news.

[Darnell 8,478]

ps - if yer really filing via DCF, a K-3 would never, ever be chasable.

[Andy and Qian 0]

Hello Darnell,

I'm not filling a DCF. Although we'll marry in China, I will file the I-130 for a CR1 once I return to California. From your help, my understanding is that my past, now dead I-129F will not have any impact on this process.

Thank you much,

Andy

[pushbrk 12,824]

Hello Darnell,

I'm not filling a DCF. Although we'll marry in China, I will file the I-130 for a CR1 once I return to California. From your help, my understanding is that my past, now dead I-129F will not have any impact on this process.

Thank you much,

Andy

Right, so please edit the DCF out of your profile.

[Andy and Qian 0]

Right, so please edit the DCF out of your profile.

Done. Sorry about the confusion!