Jump to content

31 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: India
Timeline
Posted

It does make sense... you cant keep on filing for K1 every other year and get non-immigrants in the country... remember all K1 applicants are eligible to adjust their status.. and once they do that.. they are eligible for citizenship. the government cant promote people in filing K1 again and again.. if you are filing K1, then better get it right the first time. When you are 100% assured that you are in love only then file it....

Sept 10th 2007 - Sent N400 For Naturalization

Sept 15th 2007 - Meet Fiancee online

December 18th 2007 - Left for india to see fiancee

Jan 1st 2008 - Engaged!!!!!!

Jan 15th 2008 - Biometrics Fingerprinted

May 20th 2008 - Naturalized Citizen

May 30th 2008 - Sent I129 F

June 4th 2008 - NOA 1 Received

July 3rd 2008 - Touched

September 6th 2008 - Left for France.

September 23rd 2008 - NOA2 Received

September 27th 2008 - Will leave for Malaysia from paris.

September 28th 2008 - Will meet fiance after 261 days!!!!!!!!!!!!

October 18th 2008 - Will return back to the US after spending 3 weeks with fiancee.

Dec 28th 2008 - Fiancee Visa approved

Jan 1st 2009 - Fiancee landed on US Soil

Jan 6th 2009 - Married

Jan 30th 2009 - Filed for AOS

May 31st 2009 - AOS Approved

NOA1 - Received on June 4th 2008

  • Replies 30
  • Created
  • Last Reply

Top Posters In This Topic

Filed: AOS (apr) Country: Philippines
Timeline
Posted
You cannot file for a K1 anymore as per IMBRA Law. Imbra Law states that you can apply for K1 only once in your lifetime... However you can keep applying for Spouse visas but not K1. K1 is only a one time deal.

If this was remotely true then my wife would not be here.....

YMMV

Filed: AOS (apr) Country: Philippines
Timeline
Posted
remember all K1 applicants are eligible to adjust their status.. and once they do that.. they are eligible for citizenship. the government cant promote people in filing K1 again and again..

They are eligible to adjust ONLY if they marry the petitioner...

They are eligible for citizenship ONLY if after 3 years they have remained married to the same USC for 3 years, or they have been an LPR for 5 years.

Sometime in this process the K-1 visa holder would have had to get the 2 year conditions REMOVED from there residency.

So your theory of a K-1 every other year simpkly does not fly....

YMMV

Filed: Timeline
Posted

While the posts of "take it easy" or "wait until you're in love!" are mostly well intentioned, I believe what the poster is asking for, and what would be more helpful, is information on how future filings will be affected by his previous filings.

Experiences of people who have filed multiple K-1's would be beneficial to the OP. For instance, has anyone ever actually had their petition for an exception to the 2-year rule denied?

"andy desai," as fwaguy can attest to, your understanding of the K-1 process and IMBRA law is incorrect. There is no hard and fast limit to the number of petitions a USC may file. MANY people have filed multiple K-1's, and many have been approved. Check the instructions on the I-129F for more information on the restrictions on applying for subsequent K-1's. It really is that easy.

Posted

maybe there is someone out there just waiting for you... just wait for the right time...

My Timeline~

03/13/08 - Sent I-129F to VSC via UPS

05/07/08 - I-129F delivered to CSC

05/15/08 - NOA1

05/19/08 - check cashed!

05/21/08 - NOA1 hard copy received

06/26/08 - touched! : )

08/14/08 - NOA2 via email : )

08/18/08 - NOA2 hard copy

08/22/08 - Approved from NVC

08/28/08 - DV paid

09/11/08 - USEM received (case number MNL2008xxxxxx)

10/2,3/08 - Medical @ St.Lukes, PASSED!!

10/15/08 - Interview Date (Lacking of Documents)

10/21/08 - Submitted Additional Requirement (Alex's Proof of Enrollment)

11/12/08 - VISA ON HAND!!! Thank you God!!!

01/28/09 - My baby's 2nd visit in Philippines

02/03/09 - Flight to US with my baby, POE: Detroit

03/03/09 - Courthouse Wedding day yay!

05/07/09 - Submit AOS Packet to USCIS Chicago Lockbox

05/18/09 - NOA1 for AOS,AP&EAD Received in Mail

05/22/09 - Received Biometrics Appointment letter

06/05/09 - Biometrics Schedule at 3pm

06/07/09 - Church Wedding

08/01/09 - AP received!

08/04/09 - EAD card received!!! yay!

09/18/09 - Interview for Green Card!

09/21/09 - CARD PRODUCTION ORDERED

OCTOBER 3 2009 I GOT MY GREENCARD

06/17/11 Sent I 175 to USCIS

06/20/11 Received and checked cashed

06/25/11 Received NOA1 in the mail

Filed: AOS (apr) Country: Philippines
Timeline
Posted
yEAH you're right I think it's better if you just file for a K3 visa.. hence there will be no problem with the embassy if you apply for another K1..

Embassy is not the problem it is the USCIS that decides the multiple filing question....

YMMV

  • 5 months later...
Filed: AOS (apr) Country: Zambia
Timeline
Posted

In both cases, OP withdrew the petition before it was adjudicated. In effect, they did not exist. USCIS has accepted third petitions in cases like this. Committing to overseas men/women is a tricky process that can easily end in disappointment. So, OP, give yourself time and learn from your experience. Your request for a waiver under IMBRA will do the job, so long as marriage agencies are not involved in matching you.

Filed: Other Country: China
Timeline
Posted
In both cases, OP withdrew the petition before it was adjudicated. In effect, they did not exist. USCIS has accepted third petitions in cases like this. Committing to overseas men/women is a tricky process that can easily end in disappointment. So, OP, give yourself time and learn from your experience. Your request for a waiver under IMBRA will do the job, so long as marriage agencies are not involved in matching you.

Actually it doesn't matter if an IMB was used or not except to answer one question differently on the petition. IMBRA doesn't prohibit the use of International Marriage Brokers, nor are the filing limitations it imposes different when and IMB is used or not used.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Zambia
Timeline
Posted
In both cases, OP withdrew the petition before it was adjudicated. In effect, they did not exist. USCIS has accepted third petitions in cases like this. Committing to overseas men/women is a tricky process that can easily end in disappointment. So, OP, give yourself time and learn from your experience. Your request for a waiver under IMBRA will do the job, so long as marriage agencies are not involved in matching you.

Actually it doesn't matter if an IMB was used or not except to answer one question differently on the petition. IMBRA doesn't prohibit the use of International Marriage Brokers, nor are the filing limitations it imposes different when and IMB is used or not used.

I stand corrected. Anyway, two previous K-1 petitions that were never adjudicated won't be held against him.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
In both cases, OP withdrew the petition before it was adjudicated. In effect, they did not exist. USCIS has accepted third petitions in cases like this. Committing to overseas men/women is a tricky process that can easily end in disappointment. So, OP, give yourself time and learn from your experience. Your request for a waiver under IMBRA will do the job, so long as marriage agencies are not involved in matching you.

Actually it doesn't matter if an IMB was used or not except to answer one question differently on the petition. IMBRA doesn't prohibit the use of International Marriage Brokers, nor are the filing limitations it imposes different when and IMB is used or not used.

I stand corrected. Anyway, two previous K-1 petitions that were never adjudicated won't be held against him.

Whether or not two previous petitions will or won't be held against them is a decision of the USCIS

The law actually states that IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

YMMV

Filed: Other Country: China
Timeline
Posted
In both cases, OP withdrew the petition before it was adjudicated. In effect, they did not exist. USCIS has accepted third petitions in cases like this. Committing to overseas men/women is a tricky process that can easily end in disappointment. So, OP, give yourself time and learn from your experience. Your request for a waiver under IMBRA will do the job, so long as marriage agencies are not involved in matching you.

Actually it doesn't matter if an IMB was used or not except to answer one question differently on the petition. IMBRA doesn't prohibit the use of International Marriage Brokers, nor are the filing limitations it imposes different when and IMB is used or not used.

I stand corrected. Anyway, two previous K-1 petitions that were never adjudicated won't be held against him.

Whether or not two previous petitions will or won't be held against them is a decision of the USCIS

The law actually states that IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has 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 the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

Exactly. Whether the requirement to request a waiver constitutes "being held against him" is in the eye of the beholder. I would expect the waiver to be granted though.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

  • 4 weeks later...
  • 1 month later...
Filed: Country: Philippines
Timeline
Posted

Here's what the form intstructions say...

2. Filing Limitations on K Nonimmigrant Petitioners.

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. If you have committed a violent offense against a person or persons, USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist. For details regarding those circumstances, see Item 7.B. of these instructions.

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...