Replying for K1 for the second time

[ThaiSweed102 0]

Hi all,

My fiance got his K1 visa approved back in Dec. 2009. He came and stayed here for 89 days left because we were just unsure about the living situation. He didnt like NYC and I really have to stay here with my job...blah blah... He want me to move to Sweden with him but he doesnt have a job so, thats is why I told to move here instead.

Now, we agree that we can live in Vermont instead of NYC, I can buy a small house in the country and rent a small apartment in NYC during the week, so here where I have few question about K1.

1. When can I file 129F again? Is there a waiting period?

2. It is going to be harder the second time around?

please ask if you do not understand something, I try to make it clear as much as I could.

[Audy_Rob 26]

There was a thread posted in this forum last week about a foreign fiancee that needed to return to Thailand before they had a chance to marry. Some type of family situation. Then the question was can they ask the Embassy to reissue the K-1 Visa. A lawyer posted an article he wrote about how to get the Embassy to reissue the visa. I am not sure that applies in this case as there was no emergency and the fiance used 89 of 90 days.

1) You do not need to wait to reapply for the I-129F petition.

2) Technically you need to request a waiver because of question 11. The waiver is not a formal process with its own separate form. Just expand on question 11 explaining the situation briefly, not in great detail and state that you are now ready to move.

[Otto 83]

There was a thread posted in this forum last week about a foreign fiancee that needed to return to Thailand before they had a chance to marry. Some type of family situation. Then the question was can they ask the Embassy to reissue the K-1 Visa. A lawyer posted an article he wrote about how to get the Embassy to reissue the visa. I am not sure that applies in this case as there was no emergency and the fiance used 89 of 90 days.

This would not apply to the OP - the original I-94 has long since expired. Long-story-short, the Embassy/Consulate would not re-validate/reissue the visa in this case.

[Audy_Rob 26]

This would not apply to the OP - the original I-94 has long since expired. Long-story-short, the Embassy/Consulate would not re-validate/reissue the visa in this case.

Oh, yes, you are right, I am sorry. Or if the circumstances still held, it would only have 1 day of validity. So must re-start no matter what. But numbers 1 and 2 still hold.

[ThaiSweed102 0]

Oh, yes, you are right, I am sorry. Or if the circumstances still held, it would only have 1 day of validity. So must re-start no matter what. But numbers 1 and 2 still hold.

if he did went back to Sweden and want to come back within 90 days before visa expire than we can ask for the waiver but my case is little different. Thank you

[JimVaPhuong 4,863]

if he did went back to Sweden and want to come back within 90 days before visa expire than we can ask for the waiver but my case is little different. Thank you

Audy_Rob was talking about two different things. One was the possibility (or lack thereof) of getting the original K1 visa revalidated. The other was the IMBRA filing limitations. The waiver that was mentioned is for the IMBRA filing limitations.

The IMBRA sets limits on how many times you can file a K1 petition within a certain timeframe. The first is if you've file two or more K1 petitions anytime in the past. The second is if you've have a K1 petition approved within the past two years. The second one would apply to you, so you have to ask for the waiver. As Audy_Rob mentioned, there is no form for the waiver request - you just write a letter asking for the waiver, and include it with your I-129. As long as you haven't had any criminal convictions which are covered by the IMBRA (like a violent crime, etc.) then your waiver should be approved.

[ThaiSweed102 0]

Audy_Rob was talking about two different things. One was the possibility (or lack thereof) of getting the original K1 visa revalidated. The other was the IMBRA filing limitations. The waiver that was mentioned is for the IMBRA filing limitations.

The IMBRA sets limits on how many times you can file a K1 petition within a certain timeframe. The first is if you've file two or more K1 petitions anytime in the past. The second is if you've have a K1 petition approved within the past two years. The second one would apply to you, so you have to ask for the waiver. As Audy_Rob mentioned, there is no form for the waiver request - you just write a letter asking for the waiver, and include it with your I-129. As long as you haven't had any criminal convictions which are covered by the IMBRA (like a violent crime, etc.) then your waiver should be approved.

What kind of letter do I need to write with the I 129? Is there an example somewhere that I can take a look? I have been try to find info about this everywhere spending about 3 weeks now and still have no clue. Is there anybody that I can call to get the right answer? I call USCIS but I can never get to talk to a person.

[JimVaPhuong 4,863]

What kind of letter do I need to write with the I 129? Is there an example somewhere that I can take a look? I have been try to find info about this everywhere spending about 3 weeks now and still have no clue. Is there anybody that I can call to get the right answer? I call USCIS but I can never get to talk to a person.

The instructions for the I-129F just say to submit "a written request with this petition, accompanied by documentation of your claim to the waiver". There is no formal wording that's required. Just mention in your letter that you're asking for a waiver of the IMBRA filing limitations, and explain why you're submitting a second K1 petition within two years of your previously approved petition. Since the second petition is for the same beneficiary, you shouldn't have any problems.

[S&AA 1]

Hi-

I am not an expert but I had a similar story, so this is mine. I got approved visa K1 on 7 July 2009 and got the US at 17 July. But I came back to France 10 August 2009 cause my credit card had been hacked in the Us and I could solve the problem in the US because my bank asked me to complain to a French police station to stop my credit card. My fiancé and I had not the time to get married in the US. So, a couple days later I asked to US embassy of Paris to re validate my visa K1. What they did on 17 September 2009 but, in knowing the expiration was on 15 October 2009. An important thing to know is re validate a visa K1 is possible if you are not married yet and if you can provide some evidence of why you came back to your country.

Unfortunately, at the same time there was a lay-off plan in the company of my US fiancée and she was losing her job, then we decided I stay in France because I can collect a generous unemployment insurance here, then send money to my fiancée for our baby until we find a solution. She asked to her company to get a move to France, but impossible. She applied for another companies but nothing. And later around the date of expiration of my visa K1, middle of October, my fiancée has had interviews within her company for a potential other position in an other department. After several interviews, she was almost sure to get a new position in her company and save her job, then we called at the beginning of November USCIS, DOS and US embassy of Paris to know what is the best option to get me to US again. They told us to apply again for visa K1... :-( So, we applied for a second visa K1, our second NOA1 is from 30 November 2009 and we still have any new from VSC or NVC. Our case has never been touched yet... My fiancée wrote a waiver letter in explaining our story and send the petition to VSC with the French police record where I complained for my credit card + an internal document of her company about the new organisation which kills her previous position + photos and birth certificate of our baby who is born one month before my first interview for visa K1.

So, we had no RFE about our second application but we are very stressed to still have no news... The first birthday of my son is on middle of June and I feel I am going to miss him like I missed his birth because of our first visa K1 was too long...

That is all I can tell about apply again for same beneficiary... Welcome to stress land... We should keep in touch if you want.

Good luck!

Hi all,

My fiance got his K1 visa approved back in Dec. 2009. He came and stayed here for 89 days left because we were just unsure about the living situation. He didnt like NYC and I really have to stay here with my job...blah blah... He want me to move to Sweden with him but he doesnt have a job so, thats is why I told to move here instead.

Now, we agree that we can live in Vermont instead of NYC, I can buy a small house in the country and rent a small apartment in NYC during the week, so here where I have few question about K1.

1. When can I file 129F again? Is there a waiting period?

2. It is going to be harder the second time around?

please ask if you do not understand something, I try to make it clear as much as I could.

[Darnell 8,478]

1. immediately.

2. harder? no. But - you will be reviewed a bit more at USCIS, as this is the 2nd K-1 that you've filed for the same person. It's not something to worry about, as it's the same person. If it were a different person within a 2 year window, ack - you'd be tagged .. But - that's not the case, as it's the same human as the first petition.

Good Luck !

[ThaiSweed102 0]

1. immediately.

2. harder? no. But - you will be reviewed a bit more at USCIS, as this is the 2nd K-1 that you've filed for the same person. It's not something to worry about, as it's the same person. If it were a different person within a 2 year window, ack - you'd be tagged .. But - that's not the case, as it's the same human as the first petition.

Good Luck !

Ok, thank you very much.

[VanessaTony 3,567]

1. immediately.

2. harder? no. But - you will be reviewed a bit more at USCIS, as this is the 2nd K-1 that you've filed for the same person. It's not something to worry about, as it's the same person. If it were a different person within a 2 year window, ack - you'd be tagged .. But - that's not the case, as it's the same human as the first petition.

Good Luck !

I disagree with point 2 because it most likely WILL be harder. I can't guarantee it of course but I feel it's unfair to tell the OP all will be rosy. Basically used the K1 as a "trial" visa, and a "visitors" visa so they might ask you more questions about whether you're actually serious this time. They MIGHT, they also might NOT. Just be prepared in case.

Best of luck

[ThaiSweed102 0]

Hi-

I am not an expert but I had a similar story, so this is mine. I got approved visa K1 on 7 July 2009 and got the US at 17 July. But I came back to France 10 August 2009 cause my credit card had been hacked in the Us and I could solve the problem in the US because my bank asked me to complain to a French police station to stop my credit card. My fiancé and I had not the time to get married in the US. So, a couple days later I asked to US embassy of Paris to re validate my visa K1. What they did on 17 September 2009 but, in knowing the expiration was on 15 October 2009. An important thing to know is re validate a visa K1 is possible if you are not married yet and if you can provide some evidence of why you came back to your country.

Unfortunately, at the same time there was a lay-off plan in the company of my US fiancée and she was losing her job, then we decided I stay in France because I can collect a generous unemployment insurance here, then send money to my fiancée for our baby until we find a solution. She asked to her company to get a move to France, but impossible. She applied for another companies but nothing. And later around the date of expiration of my visa K1, middle of October, my fiancée has had interviews within her company for a potential other position in an other department. After several interviews, she was almost sure to get a new position in her company and save her job, then we called at the beginning of November USCIS, DOS and US embassy of Paris to know what is the best option to get me to US again. They told us to apply again for visa K1... :-( So, we applied for a second visa K1, our second NOA1 is from 30 November 2009 and we still have any new from VSC or NVC. Our case has never been touched yet... My fiancée wrote a waiver letter in explaining our story and send the petition to VSC with the French police record where I complained for my credit card + an internal document of her company about the new organisation which kills her previous position + photos and birth certificate of our baby who is born one month before my first interview for visa K1.

So, we had no RFE about our second application but we are very stressed to still have no news... The first birthday of my son is on middle of June and I feel I am going to miss him like I missed his birth because of our first visa K1 was too long...

That is all I can tell about apply again for same beneficiary... Welcome to stress land... We should keep in touch if you want.

Good luck!

Thank you for sharing your story with me and I really hope you get to be there for your son. I guess the only way to know is to just file the form and wait! lol.. I dont want to stress about it. If I find anything else I will let you all know about it, I am sure in the future this might help someone.

[ThaiSweed102 0]

I disagree with point 2 because it most likely WILL be harder. I can't guarantee it of course but I feel it's unfair to tell the OP all will be rosy. Basically used the K1 as a "trial" visa, and a "visitors" visa so they might ask you more questions about whether you're actually serious this time. They MIGHT, they also might NOT. Just be prepared in case.

Best of luck

I dont think anything that have to do with US immigration is easy at all and I am ready for whatever they gonna throw at me. Just little stressful not knowing the right thing to do you know..

The US immigration makes everything so complicated, I dont want to hired a lawyer for everything, just these form alone cost so much already.

[poliart 0]

Hi all,

My fiance got his K1 visa approved back in Dec. 2009. He came and stayed here for 89 days left because we were just unsure about the living situation. He didnt like NYC and I really have to stay here with my job...blah blah... He want me to move to Sweden with him but he doesnt have a job so, thats is why I told to move here instead.

Now, we agree that we can live in Vermont instead of NYC, I can buy a small house in the country and rent a small apartment in NYC during the week, so here where I have few question about K1.

1. When can I file 129F again? Is there a waiting period?

2. It is going to be harder the second time around?

please ask if you do not understand something, I try to make it clear as much as I could.

I am in the same situation now too. I went to USA only last July 2009 but I went back to my country after 5 weeks for some reason.

Then only last February we applied for K1 again, same petitioner/beneficary. We included a waiver with the petition and it was approved after about 5 weeks. Now I`m just waiting to schedule the interview, hoping there will be no problem.