I think its a new rule but whats it about????

[CJ&Jum 0]

Multiple K Visas

The Act places two new restrictions on multiple K-1 visas:

A petitioner must wait two years from the filing of a prior K-1 visa until a second K-1 visa may be issued

A petitioner is barred from obtaining fiancé(e) visas for more than two foreign nationals. A waiver based on a showing of “extreme hardship” is possible in such cases, although not if a petitioner has a record of violent criminal offenses. “Record” is explicitly not restricted to criminal court records.

A database will be maintained by the Department of Homeland Security to track multiple fiancé(e) and spousal visa petitions.

What about the first part of that statement? It does not appear in line with other interpretations that I have heard about the K-1 requirements. I don't remember seeing a specific indication that restricts a petitioner from applying for a K-1 for a foreign beneficiary other than the question #11 on the I-129F that asks "Have you ever filed for this or any other alien fiance(e) or husband/wife before? Yes/No, give name, place, date of filing and outcome."

Maybe this statement posted was an interpretation of the rules, but I question its validity. It just does not seem to support the immigration law that if the applicant had applied for a fiance(e) that subsequently does not work out that they would have to wait 2 years to apply for anyone else. Any thoughts?

[j&js 0]

Maybe I am reading your response and question wrong, but the reason this doesn't sound like old interpretations of the immigration laws is because this is new...

[Ladylethal 12]

Did I understand correctly? If we get denied now we can´t apply for the next two years? Even being the same benefitiary and petitioner?

[desert_fox 32]

good law.....I like it.

[aussiewench 9]

What about the first part of that statement? It does not appear in line with other interpretations that I have heard about the K-1 requirements. I don't remember seeing a specific indication that restricts a petitioner from applying for a K-1 for a foreign beneficiary other than the question #11 on the I-129F that asks "Have you ever filed for this or any other alien fiance(e) or husband/wife before? Yes/No, give name, place, date of filing and outcome."

Maybe this statement posted was an interpretation of the rules, but I question its validity. It just does not seem to support the immigration law that if the applicant had applied for a fiance(e) that subsequently does not work out that they would have to wait 2 years to apply for anyone else. Any thoughts?

Read the law that was signed in.

http://www.visajourney.com/forums/index.php?showtopic=1155

[CJ&Jum 0]

It appears as though the initial quoted regulation applies to the recently passed IMBRA (International Marriage Broker Regulation Act) legislation that applies specifically to the International Marriage Brokers and not the other potential K-1 petitioners as initially appeared.

Pax's listing also provides a good layman's terms description of some highlights of these changes.

So, it seems that the restriction of 2 years before petitioning again does not apply to those petitioning for their foreign fiance(e) apart from any services of IMBs.

search "IMBRA" on a web search and you can read different perspectives all day. The law, as with most, comes with its pros and cons.

The important thing as with most immigration laws is the context in which it is applicable to the parties involved.

C.J.

Edited March 28, 2006 by CJ&Jum

[Ladylethal 12]

I hope it´s that or I´ll get terrified of getting a big NO.

[CJ&Jum 0]

It also appears that in its own roundabout legislative wording, that there are a lot of "buts" in certain situations. I was just wondering about it all. I learned something new today.

Edited March 28, 2006 by CJ&Jum