Applying again for K1 for the same person

[vadood 0]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

[payxibka 10,045]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

yes you do indicate you have applied before... it is a question on the form

[vadood 0]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

yes you do indicate you have applied before... it is a question on the form

thank you, we have not filled the forms yet. I am worried if the fact that we have applied before causes any delays or other problems for us this time

[payxibka 10,045]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

yes you do indicate you have applied before... it is a question on the form

thank you, we have not filled the forms yet. I am worried if the fact that we have applied before causes any delays or other problems for us this time

as far as the USCIS is concerned you should be fine... might be a few more questions by the consulate but then again maybe not

[JimVaPhuong 4,863]

Hi folks,

We have applied for a K1 visa a couple years ago. everything went fine and we got approved and the paperwork was at the embassy state. We decided not to pursue the matter and gave up the idea. Alien fiance did not send the documents to the embassy and later the US citizen wrote to the USCIS to close the file.

Now we want to start over and again apply for a K1 visa. None of us has married before, and nothing has changed since the time we first applied.

I wonder if there is anything we should be aware of, or if we should somehow indicate that we have already applied or not.

yes you do indicate you have applied before... it is a question on the form

thank you, we have not filled the forms yet. I am worried if the fact that we have applied before causes any delays or other problems for us this time

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

[vadood 0]

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

I do not remember the exact date but most probably it is more than two years old. We have mails from USCIS that we can refer to and make sure. Thank you Jim, i did not know anything about this IMBRA thing

[JimVaPhuong 4,863]

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

I do not remember the exact date but most probably it is more than two years old. We have mails from USCIS that we can refer to and make sure. Thank you Jim, i did not know anything about this IMBRA thing

Ok. The important dates are the date your previous petition was approved (the NOA2 date), and the date you submit your second petition (the NOA1 date). If less than two years between these two dates, you need to apply for the waiver. If it's close, just wait until it's been more than two years.

Note that if you don't need the waiver, then this will be your last "freebie" without having to apply for a waiver. The second filing limitation under IMBRA is if you've filed two or more petitions at anytime in the past, regardless of whether the petitions were approved or the visas granted.

[thepizzadude 26]

Have you seen her in person in the past 2 years, this is also a requirement.

[MouadsWife 161]

Have you seen her in person in the past 2 years, this is also a requirement.

I was just thinking the same thing.

[vadood 0]

yes, we have met

[vadood 0]

I am filling the forms for new I129 petition and have come up with the following:

What is an A#? Does an american citizen have an A#? I wonder if they have issued an A# for alien beneficiary when we petitioned before and we should write it in the forms.

I do not know what our case number was, when we last petitioned for K1 visa. There is a reciept number in the format eac-xx-xxx-xxxxx. Is this the case number?

[Carlawarla 1]

I am filling the forms for new I129 petition and have come up with the following:

What is an A#? Does an american citizen have an A#? I wonder if they have issued an A# for alien beneficiary when we petitioned before and we should write it in the forms.

I do not know what our case number was, when we last petitioned for K1 visa. There is a reciept number in the format eac-xx-xxx-xxxxx. Is this the case number?

An "A" #, is the Alien Number. It might be a number she was assigned already. Yes, if you have the receipt number, in that format, you can refer to that as that is the case number.

You have met again in the space of the last two years? You can't use your having met during the previous petition as proof of meeting on your new petition.

[Malarie 0]

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

I do not remember the exact date but most probably it is more than two years old. We have mails from USCIS that we can refer to and make sure. Thank you Jim, i did not know anything about this IMBRA thing

Ok. The important dates are the date your previous petition was approved (the NOA2 date), and the date you submit your second petition (the NOA1 date). If less than two years between these two dates, you need to apply for the waiver. If it's close, just wait until it's been more than two years.

Note that if you don't need the waiver, then this will be your last "freebie" without having to apply for a waiver. The second filing limitation under IMBRA is if you've filed two or more petitions at anytime in the past, regardless of whether the petitions were approved or the visas granted.

**** I thought if you were applying for the same fiance this would NOT be subject to IMBRA *****

I could totally be off base on this .... it's just something I thought I remembered reading.

[Carlawarla 1]

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

I do not remember the exact date but most probably it is more than two years old. We have mails from USCIS that we can refer to and make sure. Thank you Jim, i did not know anything about this IMBRA thing

Ok. The important dates are the date your previous petition was approved (the NOA2 date), and the date you submit your second petition (the NOA1 date). If less than two years between these two dates, you need to apply for the waiver. If it's close, just wait until it's been more than two years.

Note that if you don't need the waiver, then this will be your last "freebie" without having to apply for a waiver. The second filing limitation under IMBRA is if you've filed two or more petitions at anytime in the past, regardless of whether the petitions were approved or the visas granted.

**** I thought if you were applying for the same fiance this would NOT be subject to IMBRA *****

I could totally be off base on this .... it's just something I thought I remembered reading.

Nope, doesn't matter if it's the same or a different one. It's still required.

[payxibka 10,045]

When you say "a couple years", exactly how long ago? If you've had a K1 visa petition approved in the last two years then you'll need to request a waiver for the IMBRA filing limitations at the time you submit your I-129F petition. The request must be a signed and dated letter, and you need to include evidence to support your request, basically explaining why you're submitting another K1 petition so soon after having a previous petition approved. The fact that you're petitioning for the same beneficiary should be adequate for getting the waiver.

This is covered in detail in the I-129F form instructions.

I do not remember the exact date but most probably it is more than two years old. We have mails from USCIS that we can refer to and make sure. Thank you Jim, i did not know anything about this IMBRA thing

Ok. The important dates are the date your previous petition was approved (the NOA2 date), and the date you submit your second petition (the NOA1 date). If less than two years between these two dates, you need to apply for the waiver. If it's close, just wait until it's been more than two years.

Note that if you don't need the waiver, then this will be your last "freebie" without having to apply for a waiver. The second filing limitation under IMBRA is if you've filed two or more petitions at anytime in the past, regardless of whether the petitions were approved or the visas granted.

**** I thought if you were applying for the same fiance this would NOT be subject to IMBRA *****

I could totally be off base on this .... it's just something I thought I remembered reading.

Nope, doesn't matter if it's the same or a different one. It's still required.

Actually the provisions of VAWA require it to be for 2 or more fiance(e)'s... The USCIS may be adjudicating wrong... they were 3-4 years ago but I thought it would have changed by now...