K1 VISA eligibility

[Myerman 0]

I began the application process for a K1 VISA one year ago (April '08) but withdrew this appication (in writing with an USCIS acknowledgement received) in Sept '08 before the VISA was issued. Am I eligible to apply for a K1 VISA now or must I wait for the two year period (USCIS regulation requiring a two year wait between VISAS) before applying again?

[Bobby+Umit 161]

I began the application process for a K1 VISA one year ago (April '08) but withdrew this appication (in writing with an USCIS acknowledgement received) in Sept '08 before the VISA was issued. Am I eligible to apply for a K1 VISA now or must I wait for the two year period (USCIS regulation requiring a two year wait between VISAS) before applying again?

Is it for the same beneficiary?

[Myerman 0]

I began the application process for a K1 VISA one year ago (April '08) but withdrew this appication (in writing with an USCIS acknowledgement received) in Sept '08 before the VISA was issued. Am I eligible to apply for a K1 VISA now or must I wait for the two year period (USCIS regulation requiring a two year wait between VISAS) before applying again?

Is it for the same beneficiary?

No, it is for a different person. Thanks.

[Bobby+Umit 161]

(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION

ON PETITIONS FOR K NONIMMIGRANT PETITIONERS.—

(1) 214(d) AMENDMENT.—Section 214(d) of the Immigration

and Nationality Act (8 U.S.C. 1184(d)) is amended—

(A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;

(B) by inserting after the second sentence ‘‘Such

information shall include information on any criminal

convictions of the petitioner for any specified crime.’’;

© by striking ‘‘Attorney General’’ and inserting ‘‘Secretary

of Homeland Security’’ each place it appears; and

(D) by adding at the end the following:

‘‘(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more applying aliens; and 8 USC 1101 note

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

You can request a waiver according to the regulation.

Source Public Law 109-162

[Myerman 0]

(a) INFORMATION ON CERTAIN CONVICTIONS AND LIMITATION

ON PETITIONS FOR K NONIMMIGRANT PETITIONERS.—

(1) 214(d) AMENDMENT.—Section 214(d) of the Immigration

and Nationality Act (8 U.S.C. 1184(d)) is amended—

(A) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’;

(B) by inserting after the second sentence ‘‘Such

information shall include information on any criminal

convictions of the petitioner for any specified crime.’’;

© by striking ‘‘Attorney General’’ and inserting ‘‘Secretary

of Homeland Security’’ each place it appears; and

(D) by adding at the end the following:

‘‘(2)(A) Subject to subparagraphs (B) and ©, a consular officer

may not approve a petition under paragraph (1) unless the officer

has verified that—

‘‘(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or more applying aliens; and 8 USC 1101 note

‘‘(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such previously

approved petition.

‘‘(B) The Secretary of Homeland Security may, in the Secretary’s

discretion, waive the limitations in subparagraph (A) if justification

exists for such a waiver. Except in extraordinary circumstances

and subject to subparagraph ©, such a waiver shall not be granted

if the petitioner has a record of violent criminal offenses against

a person or persons.

You can request a waiver according to the regulation.

Source Public Law 109-162

Thank you very much for that info. My question then would be, at what point is the petition considered to be 'approved'?

[Bobby+Umit 161]

Thank you very much for that info. My question then would be, at what point is the petition considered to be 'approved'?

When you get the NOA 2.

Edited April 1, 2009 by Bobby_Umit

[Myerman 0]

Thank you very much for that info. My question then would be, at what point is the petition considered to be 'approved'?

When you get the NOA 2.

Thanks again. I did receive an NOA I-797C stating approval of my petition. Withdrawing the petition after that point is insignificant I gather. I wll apply for a waiver then. Thank you so much for your help.