K1 then K3 now DCF?

[colombiacouple 0]

Hello...I'm entering the VisaJourney family again!!!!

In a nutshell:

Had a Colombian K1 approved and she made it to the US then we married and she took off - filed complaint of fraud and divorced.

Two years later married a girl in Colombia, filed K3, approved, she came to the US and I found out later I was a father in Colombia - relationship broken, she returned to Colombia and so did I to live with my daughter and ex.

Now been in Colombia over two years, Permanent Resident status and on the birth certificate - will be getting 6yo daughter's nationality stuff first of next year. Obviously eligible for DCF if we get married in Colombia (but we don't really want to, even though we want to go to the US as a "Common law" family).

Question is, would this be blowing the FMBI to apply for DCF? Would this be a third total attempt, second K3? Waivers needed? Anyone else insane enough to have a similar experience and advice?

Help?!?!

[Boiler 45,486]

What visa is she eligible for if not through Marriage?

[colombiacouple 0]

What visa is she eligible for if not through Marriage?

Well I listed everything as if DCF, including my profile, because most likely we would have to go that route. We just don't want to...o the question posted in the other forum was about alternate options, which after responses and 5 hours of research today appears ro be correct.

This leaves the question here in IMBRA Topics because we would do a Direct Consulate File then the I-I30. Don't know if that makes it officially a K3 or what, can't seem to get clear info on what the exact title would then be. Also if the combination of these three would be a problem or require a waiver or AP. We have a daughter together with American Citizenship so we just want to make sure we go about this right and are prepared without getting our hopes up on something that may not be true.

[Malrothien 6]

There is no common-law visa for US immigration. You must be married to file for the CR1 through DCF.

[Boiler 45,486]

If it is your only option, then you have nothing to lose trying.

Edited November 18, 2009 by Boiler

[colombiacouple 0]

There is no common-law visa for US immigration. You must be married to file for the CR1 through DCF.

So the DCF is for a CR1 or is it a DCF for K3?

Also back to the OP...which was a concern about this being a third filing, although seemingly a different one each time! Any ideas or quotes from the IMBRA that would result in our restriction or need for waiver?

[Malrothien 6]

There is no common-law visa for US immigration. You must be married to file for the CR1 through DCF.

So the DCF is for a CR1 or is it a DCF for K3?

Also back to the OP...which was a concern about this being a third filing, although seemingly a different one each time! Any ideas or quotes from the IMBRA that would result in our restriction or need for waiver?

DCF is for the CR1 only. K3 is not eligible for DCF.

You most likely will need a waiver but I am not an expert on that.

[colombiacouple 0]

Very happy to report that after multiple calls to USCIS, the American Consulate in Barranquilla and the American Embassy in Bogota I was able to confirm that IMBRA does NOT apply to K3 and CR1 multiple filings, rather only K1. On several occasions by different people I was told "You are not filing K1, don't worry about IMBRA".

I was told that if I am going DCF on a CR1 for my wife who has a dual-citizenship 6yo daughter with me then all I have to do is explain upon filing direct (the previous K1 and K3) and they should have no problem with the approval. The visa should be issued in a matter of weeks when they call her back for the interview.

Issue/Concern closed. A family very happy.

[pushbrk 12,881]

Very happy to report that after multiple calls to USCIS, the American Consulate in Barranquilla and the American Embassy in Bogota I was able to confirm that IMBRA does NOT apply to K3 and CR1 multiple filings, rather only K1. On several occasions by different people I was told "You are not filing K1, don't worry about IMBRA".

I was told that if I am going DCF on a CR1 for my wife who has a dual-citizenship 6yo daughter with me then all I have to do is explain upon filing direct (the previous K1 and K3) and they should have no problem with the approval. The visa should be issued in a matter of weeks when they call her back for the interview.

Issue/Concern closed. A family very happy.

IMBRA does apply to K3 (all I-129F peitions) filings at the petition level with USCIS but that's irrelevant to DCF. IMBRA does not apply when only the I-130 petition is used, DCF or not.

[colombiacouple 0]

Very happy to report that after multiple calls to USCIS, the American Consulate in Barranquilla and the American Embassy in Bogota I was able to confirm that IMBRA does NOT apply to K3 and CR1 multiple filings, rather only K1. On several occasions by different people I was told "You are not filing K1, don't worry about IMBRA".

I was told that if I am going DCF on a CR1 for my wife who has a dual-citizenship 6yo daughter with me then all I have to do is explain upon filing direct (the previous K1 and K3) and they should have no problem with the approval. The visa should be issued in a matter of weeks when they call her back for the interview.

Issue/Concern closed. A family very happy.

IMBRA does apply to K3 (all I-129F peitions) filings at the petition level with USCIS but that's irrelevant to DCF. IMBRA does not apply when only the I-130 petition is used, DCF or not.

Thank you push.... I tried to read through a large portion of it but got bored very quickly! haha That seemed to be what the Embassy told me, although in less affirmative wording.

[Malarie 0]

There is no common-law visa for US immigration. You must be married to file for the CR1 through DCF.

So the DCF is for a CR1 or is it a DCF for K3?

Also back to the OP...which was a concern about this being a third filing, although seemingly a different one each time! Any ideas or quotes from the IMBRA that would result in our restriction or need for waiver?

You need to request an IMBRA waiver .... your case is complicated it may be worth consulting an immigration attorney.

Good Luck!

Malarie

Edited December 11, 2009 by Malarie

[Malarie 0]

Very happy to report that after multiple calls to USCIS, the American Consulate in Barranquilla and the American Embassy in Bogota I was able to confirm that IMBRA does NOT apply to K3 and CR1 multiple filings, rather only K1. On several occasions by different people I was told "You are not filing K1, don't worry about IMBRA".

I was told that if I am going DCF on a CR1 for my wife who has a dual-citizenship 6yo daughter with me then all I have to do is explain upon filing direct (the previous K1 and K3) and they should have no problem with the approval. The visa should be issued in a matter of weeks when they call her back for the interview.

Issue/Concern closed. A family very happy.

IMBRA does apply to K3 (all I-129F peitions) filings at the petition level with USCIS but that's irrelevant to DCF. IMBRA does not apply when only the I-130 petition is used, DCF or not.

Thank you push.... I tried to read through a large portion of it but got bored very quickly! haha That seemed to be what the Embassy told me, although in less affirmative wording.

I would consult an immigration attorney -- just to be safe.......... I had to request an IMBRA waiver with only 1 previous K filing and yes that previous K filing was over 2 years ago ..... just cover your hiney and put in a phone call/email to an attorney

Edited December 11, 2009 by Malarie