a help for my girl friend

[ccndyeth 0]

As long as the relationship is GENUINE.. no need to worry being denied.. She can't be denied if she has genuine relationship and clean intention to marry her fiance.

[JimVaPhuong 4,863]

IMBRA does NOT prevent someone from filing additional petitions for a K-1 visa within two years of filing for one. It simply requires that the petitioner apply in a short letter for a waiver, and nothing else. It is not clear how the USCIS would deny the waiver, but in all cases of which I am aware, the second and sometimes third petitions have moved without any delay caused by the waiver request.

Yes, it can take USCIS up to two years to let the petitioner appeal the denial of a K-1. So it's necessary to push the system and hope for a quicker notice from USCIS. In a friend's case, it took 18 months and he got the notice just last week.

Yes, I used the wrong terminology. IMBRA doesn't prevent the petitioner from filing a K1 petition - ever. You can always file a petition. IMBRA places specific limits on consular officers, and these limits affect the petitioner.

The specific wording of the law prevents a consular officer from approving a petition unless the officer has verified that the petitioner has not filed two or more previous petitions, or had a petition approved in the previous two years. The law also allows the Secretary of Homeland Security to waive those limits, if justification exists to waive them. It also specifically disallows a waiver if the petitioner has a history of violent crime, except under extraordinary circumstances (self defense, etc.).

Check out subtitle D, section 832:

http://frwebgate.access.gpo.gov/cgi-bin/ge...publ162.109.pdf

[TBoneTX 45,266]

As long as the relationship is GENUINE.. no need to worry being denied.. She can't be denied if she has genuine relationship and clean intention to marry her fiance.

This is not true. At least one consulate HAS refused visas to some couples (and made life hell for others) whose relationships were 100% genuine. Furthermore, for MANY other reasons, beneficiaries can be found ineligible to receive a visa. Please refrain from making sweeping statements about the consular and visa-issuance process.

[feelinglucky 1]

As long as the relationship is GENUINE.. no need to worry being denied.. She can't be denied if she has genuine relationship and clean intention to marry her fiance.

I think you live in a place where unicorns prance, and raindeers dance..........enchanted forest, wish I could be so confident

ps bold it, italicized it, and underlined it........hat trick!!!!

[Ken-Love 0]

ok thanks for the replies.

they had a back up plan and that is get married just incase.

it is their first time in applying a visa. and by the way she said thank you also...

[Otto 83]

What (not 'wut') can happen if they get denied depends on the reason they get denied (if they get denied in the first place).

Say, for example, a couple flat out lies and/or misrepresents themselves and the Embassy/Consulate catches it and denies it for that reason. Future visa applications (or spousal petitions) may have serious issues.

As an example... it all really depends.

It might be helpful to know if your friend has specific concerns.