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Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

Hello,

I am filing DCF for my Brazilian husband. Back in 2007 I applied for a K-1 visa for my then fiance, his petition was approved, and visa granted; however, before his POE we broke up and he never used the visa.

On the I-130 it asks if you've ever filed another petition. I said yes, gave the information and said "please see Appendix 1 for more info". This is what I have written on Appendix 1. I know that technically I don't need to give an explanation at all as 1) this is only my second visa and 2) it's been more than 2 years since my original filing. However, I figured you can never be too safe and I might as well include a brief explanation.

This is what I have:

I, Marina XXXXX, filed a K-1 visa for the Australian David XXXXX in May 2007 in London, United Kingdom. David and I had our final visa interview in London on May XX, 2007. His K-1 fiancé visa was approved on May XX, 2007 in London England.

However, at the end of May, David and I terminated our engagement. David never used his K-1 visa to enter the United States and as such, this visa was left to expire. According to the American Consulate in London, if the visa was never used for travel, no further action of cancellation was needed.

That's it. Do you think I should put more? I know the waivers I've seen on here before have been very different from this. Should I elaborate more or is that enough?

Thanks!

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

Posted

Looks good to me.

I do not believe this falls under IMBRA - since your not doing a fiance visa. Your just doing a DCF.

I doubt a waiver would be needed.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Hello,

I am filing DCF for my Brazilian husband. Back in 2007 I applied for a K-1 visa for my then fiance, his petition was approved, and visa granted; however, before his POE we broke up and he never used the visa.

On the I-130 it asks if you've ever filed another petition. I said yes, gave the information and said "please see Appendix 1 for more info". This is what I have written on Appendix 1. I know that technically I don't need to give an explanation at all as 1) this is only my second visa and 2) it's been more than 2 years since my original filing. However, I figured you can never be too safe and I might as well include a brief explanation.

This is what I have:

I, Marina XXXXX, filed a K-1 visa for the Australian David XXXXX in May 2007 in London, United Kingdom. David and I had our final visa interview in London on May XX, 2007. His K-1 fiancé visa was approved on May XX, 2007 in London England.

However, at the end of May, David and I terminated our engagement. David never used his K-1 visa to enter the United States and as such, this visa was left to expire. According to the American Consulate in London, if the visa was never used for travel, no further action of cancellation was needed.

That's it. Do you think I should put more? I know the waivers I've seen on here before have been very different from this. Should I elaborate more or is that enough?

Thanks!

I-130's are not subject to IMBRA multiple filing limitations....

YMMV

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

That sounds just about right Marina. Straight to the point, clearly explained, even if not needed, I'm with you in the all proof is welcomed.

(Puerto Rico) Luis & Laura (Brazil) K1 JOURNEY
04/11/2006 - Filed I-129F.
09/29/2006 - Visa in hand!

10/15/2006 - POE San Juan
11/15/2006 - MARRIAGE

AOS JOURNEY
01/05/2007 - AOS sent to Chicago.
03/26/2007 - Green Card in hand!

REMOVAL OF CONDITIONS JOURNEY
01/26/2009 - Filed I-751.
06/22/2009 - Green Card in hand!

NATURALIZATION JOURNEY
06/26/2014 - N-400 sent to Nebraska
07/02/2014 - NOA
07/24/2014 - Biometrics
10/24/2014 - Interview (approved)

01/16/2015 - Oath Ceremony


*View Complete Timeline

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted

Yeah, thanks guys! I didn't think it was strictly needed, but I thought it couldn't hurt as the K-1 visa was approved May 18, 2007 and Wendel and I moved in together in June 2007. Looks a little fishy to me, and I'm sure that'll look fishy to them too, so I wanted to briefly explain. :)

N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

May 17, 2010 --VISA IN HAND!

June 24, 2010 --POE in Atlanta

 
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