Is there a specific time one must wait to file for a K-1 Visa a second time ?

[GringoD 33]

Is there a specific time period one must wait to file for a second time, for a K-1 fiance visa? (I've never been a frequent user of visajourney.com, so please bare with me.) I would imagine this is not a frequent concern, but I easily and successfully completed the process for a K-1 Visa for a colombiana last year. I 'sent certified' copy of initial application on June 21st of 2007, after a two and a half year relationship. Her visa was granted, with a three minute interview in Bogota last March, 2008.

MY QUESTION OR CONCERN IS : Are there time limitations on 'how often' or how many times a person can file for a fiance visa? for the same lady? for a different lady? I understand laws and regulations change, but if you can answer this question with some relative certainty, then I send many thanks ahead of time.

[GringoD 33]

Is there a specific time period one must wait to file for a second time, for a K-1 fiance visa? (I've never been a frequent user of visajourney.com, so please bare with me.) I would imagine this is not a frequent concern, but I easily and successfully completed the process for a K-1 Visa for a colombiana last year. I 'sent certified' copy of initial application on June 21st of 2007, after a two and a half year relationship. Her visa was granted, with a three minute interview in Bogota last March, 2008.

MY QUESTION OR CONCERN IS : Are there time limitations on 'how often' or how many times a person can file for a fiance visa? for the same lady? for a different lady? I understand laws and regulations change, but if you can answer this question with some relative certainty, then I send many thanks ahead of time.

[GringoD 33]

Okay, to help someone else, and answer my own question, from the Page 2 for Instructions for filing the Form I-129F:

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.

.

Edited March 31, 2009 by GringoD

[Sylvia_n_Joseph 3]

no waiting for the same person but you must ask for an wavier for filing more than 2 in 5 years

[GringoD 33]

still addressing my original question, and maybe someone can help clarify: "or previously had a K-1 visa petition approved within two years prior to the filing of this petition".

The 'key' here may lye in the word: 'approved'. In what part of the entire process was my previous petition "approved"? Are they referring to the date the visa was granted in Bogota at the embassy, or is there a much earlier part of 'the process', where the petition was "approved", before it got to Bogota?

It's not a problem, providing documentation for claim to waiver. But, what all would they want, in that documentation? Air Flight records documenting that the 'first beneficiary' actually returned to Colombia? along with a notarized letter, detailing what happened and why the original beneficiary returned to their home country?

[sus 70]

Gringo, you might get better answers in the IMBRA section -

http://www.visajourney.com/forums/index.php?showforum=126

[GringoD 33]

I see a few items over there, but.... I don't and never have dealt with international marriage brokers.

[sus 70]

I see a few items over there, but.... I don't and never have dealt with international marriage brokers.

Sorry, I wasn't implying that you did - But I think that the ruling on filing more than 1 k1 and the pertinent information came out of the IMBRA law - even if you didn't use a marriage broker, that's the law that contains the information, because it wasn't in place prior to IMBRA.

[GringoD 33]

no waiting for the same person but you must ask for an wavier for filing more than 2 in 5 years

Slyvia y Josesph... I don't know what relevance your statement holds, now that I've researched some on my own. Maybe you could qualify what you wrote. Not for me, as I am getting clarity on the answer to my question, but I think perhaps what you wrote is a bit vague, and perhaps outdated.

[Sylvia_n_Joseph 3]

If your K1 is for the same person, and you are filing a new one because the old one was returned, you can file at any time. There is a request you have to make if you have filed 2 k1's in 5 years or more than 3 ever. It doesn't matter if you used a broker. I will try to find the words somewhere and get them to you if it is same person .

[GringoD 33]

Sylvia... I"m new to visajourney. So, I'm not real familiar with how things go here. (I registered a few years ago, but never really had the need much to get information here... got my first K-2 approved with little-to-no fanfaire.)

But, this that I have quoted above, and again here, is right off the 'Instructions for Filing for a K-1':

2. Filing Limitations on K Nonimmigrant Petitioners.

If you have ...................... previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver.

This seems clear, but however in a little conflict with what you are saying above.

But, thanks.