Cancel K3 petition and file K1

[kitty loves moudi 0]

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

[john_and_marlene 162]

I can think of only 1 reason why someone would want to do this--if there is a dependent child close to or over 18. K4 ages out at 18. K2 ages out at 21.

[pushbrk 13,079]

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

[Urge To Race 2]

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

[Beth/ Paris Heart 2]

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

No only filed a I-130 and then a I-129F for a K3 visa. But now, I will just re-file for a CR-1 as soon as situation is cleared up again after 24 years ago.

Plus I have a appoinment with USCIS on Friday, so will have peace of mind with re-filing. Thank you everyone.

[pushbrk 13,079]

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

Yes, I know that's what it says and agree that even most idiots would interpret it correctly as you did. Nevertheless, USCIS is requiring a waiver request with the second request. Go figure, but knowing this, I gave the correct answer.

[rebeccajo 14]

No only filed a I-130 and then a I-129F for a K3 visa. But now, I will just re-file for a CR-1 as soon as situation is cleared up again after 24 years ago.

Plus I have a appoinment with USCIS on Friday, so will have peace of mind with re-filing. Thank you everyone.

Paris Heart -

I have no idea what your situation is. You haven't posted it and you don't need to.

But here's my VERY STRONG ADVICE to you. DO NOT go into USCIS looking for information about what to 'do next'.

Get yourself to an immigration attorney if you want or need advice. A good one who specializes in the field. Please don't go into a USCIS office to discuss why you cancelled and looking for how to re-file. YOU know your private situation and YOU know what you are trying to accomplish now. You DO NOT need a written record of someone else's interpretation (after you leave their office) of that situation placed into your file.

Please don't shoot yourself in the foot.

[pushbrk 13,079]

No only filed a I-130 and then a I-129F for a K3 visa. But now, I will just re-file for a CR-1 as soon as situation is cleared up again after 24 years ago.

Plus I have a appoinment with USCIS on Friday, so will have peace of mind with re-filing. Thank you everyone.

Paris Heart -

I have no idea what your situation is. You haven't posted it and you don't need to.

But here's my VERY STRONG ADVICE to you. DO NOT go into USCIS looking for information about what to 'do next'.

Get yourself to an immigration attorney if you want or need advice. A good one who specializes in the field. Please don't go into a USCIS office to discuss why you cancelled and looking for how to re-file. YOU know your private situation and YOU know what you are trying to accomplish now. You DO NOT need a written record of someone else's interpretation (after you leave their office) of that situation placed into your file.

Please don't shoot yourself in the foot.

I couldn't agree more. USCIS is not the place to go asking critical questions. Shudder.

[paothao 0]

Since I know at least one couple who were married a billion years, divorced and then remarried, I could see it happening. People do strange things especially when it comes to love.

(they later divorced for the second and final time.)

All I know is this, if USCIS knew that you were married, then they'll ask you to do K3. They won't allow you to do K1. In another word, K3, she is your wife so one way or another, she will be given a visa to enter the US. While K1, you had to establish an ongoing relationship and it can be denied.

If I were you. I would start with K1, and if it doesn't work out, I then start K3. In your case, you did the reverse. USCIS by now knew you were husband and wife so they will be asking why not filing K3? Anyway, you were right. Let them decide!!

[Beth/ Paris Heart 2]

Since I know at least one couple who were married a billion years, divorced and then remarried, I could see it happening. People do strange things especially when it comes to love.

(they later divorced for the second and final time.)

All I know is this, if USCIS knew that you were married, then they'll ask you to do K3. They won't allow you to do K1. In another word, K3, she is your wife so one way or another, she will be given a visa to enter the US. While K1, you had to establish an ongoing relationship and it can be denied.

If I were you. I would start with K1, and if it doesn't work out, I then start K3. In your case, you did the reverse. USCIS by now knew you were husband and wife so they will be asking why not filing K3? Anyway, you were right. Let them decide!!

WOW. I see your point about USCIS visit, Thank you eveybody. Point taken very well. This is been a mess in my situation. Think I will leav it to a immigration attorney for future filing.

[pushbrk 13,079]

Since I know at least one couple who were married a billion years, divorced and then remarried, I could see it happening. People do strange things especially when it comes to love.

(they later divorced for the second and final time.)

All I know is this, if USCIS knew that you were married, then they'll ask you to do K3. They won't allow you to do K1. In another word, K3, she is your wife so one way or another, she will be given a visa to enter the US. While K1, you had to establish an ongoing relationship and it can be denied.

If I were you. I would start with K1, and if it doesn't work out, I then start K3. In your case, you did the reverse. USCIS by now knew you were husband and wife so they will be asking why not filing K3? Anyway, you were right. Let them decide!!

WOW. I see your point about USCIS visit, Thank you eveybody. Point taken very well. This is been a mess in my situation. Think I will leav it to a immigration attorney for future filing.

You could ask your questions of an attorney without leaving the filing to them. Up to you.

[Beth/ Paris Heart 2]

Since I know at least one couple who were married a billion years, divorced and then remarried, I could see it happening. People do strange things especially when it comes to love.

(they later divorced for the second and final time.)

All I know is this, if USCIS knew that you were married, then they'll ask you to do K3. They won't allow you to do K1. In another word, K3, she is your wife so one way or another, she will be given a visa to enter the US. While K1, you had to establish an ongoing relationship and it can be denied.

If I were you. I would start with K1, and if it doesn't work out, I then start K3. In your case, you did the reverse. USCIS by now knew you were husband and wife so they will be asking why not filing K3? Anyway, you were right. Let them decide!!

WOW. I see your point about USCIS visit, Thank you eveybody. Point taken very well. This is been a mess in my situation. Think I will leav it to a immigration attorney for future filing.

You could ask your questions of an attorney without leaving the filing to them. Up to you.

Thank you Pushbrk, as usual your right again. Just need to correct guidance, and wavier wording, and I can handling the filing once again.

[Saddle Bronc 124]

Intrinsic problem with the logic of this: K-1 is for fiancé(e) visa--so the petitioner and beneficiary must NOT be married where K-3 is for cases where they already are; I don't think annulling (or getting a civil divorce) to do K-1 instead of K-3 is workable.

[Beth/ Paris Heart 2]

Intrinsic problem with the logic of this: K-1 is for fiancé(e) visa--so the petitioner and beneficiary must NOT be married where K-3 is for cases where they already are; I don't think annulling (or getting a civil divorce) to do K-1 instead of K-3 is workable.

I do know that differences , but divorcing my husband to get him here faster by filing K1 was not the object. Another long story.

Im sticking with a CR-1 next filing, as soon as mess is cleaned up. And then diving back into the waiting game with VSC.

Best of luck on all of our journeys with life.

[Urge To Race 2]

The requirement for a waiver with the second I129F must be fairly new. I filed a K1 for Layla in late 2006, closed out in February 2007, married her and filed a K3 in April/May 2007. She is here on her K3 visa, I did not submit a waiver request. When I submitted the second I129F, I read the instructions, and interpretted that I didn't need a waiver, and did not ask on VJ or anywhere else. It worked for me.

Besides, if Paris Heart goes for the CR1, she won't need a waiver request anyway.

You need a waiver if you have filed 2 previous I129Fs (making the current filing with waiver request your third I129F) or if you have had an I129F approved in the last 2 years.

From I129F instructions:

If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver.

On another thread I read that one could file for I-129F twice in a life time

Certainly u can do it, but the likelyhood of USCIS asking many questions because of it exists. Also check if you could file for a k-3 again.. good luck to you

You can file as many times as you want but you'll need to ask for a waiver if you file a second I-129F within two years of a previous filing.

Yes, I know that's what it says and agree that even most idiots would interpret it correctly as you did. Nevertheless, USCIS is requiring a waiver request with the second request. Go figure, but knowing this, I gave the correct answer.