K1 Visa and K1 again

[thinnguyen 0]

Hello,

Here is my situation:

Last year I filed K1 for my fiance and she came over here stay with me for less than 90 days, but we did not get marry at that time. She returned home to have our baby.

Now, can I filed K1 for my fiance and my kid or should I have to return the the county to get marry and filed as K3.

Any suggestion or ideas?

Thanks for your help.

[Ladylethal 12]

You can file again, but a red flag could be raised for you two. You should explain what happened in the first time around.

[john_and_marlene 162]

A second K1 within 2 years will require a waiver.

[Mew 0]

You can file for another K1, but you'd have to request a waiver. From the instruction on I-129f:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver." - bolded by me.

For more info: http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

[thinnguyen 0]

You can file for another K1, but you'd have to request a waiver. From the instruction on I-129f:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver." - bolded by me.

For more info: http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Is there a sample form of waiver any where? Thanks

[Kez/JWolf 6]

You will also need to get your Childs birth registed with the US Embassy in your fiance's home country.. as the child is a USC and will need a Passport to come....

Kezzie

[john_and_marlene 162]

You can file for another K1, but you'd have to request a waiver. From the instruction on I-129f:

"If you have filed two or more K-1 visa petitions at any time in the past or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver you must submit a written request with this petition accompanied by documentation of your claim to the waiver." - bolded by me.

For more info: http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

Is there a sample form of waiver any where? Thanks

The waiver request is a written request by you explaining the particulars of your situation and why you should be granted another K-1. It is specific to your situation. No two will be alike.

This requirement is very new. You won't find many examples. You may want to contact an immigration attorney to help you with the waiver request.

[Mew 0]

The waiver request is a written request by you explaining the particulars of your situation and why you should be granted another K-1. It is specific to your situation. No two will be alike.

This requirement is very new. You won't find many examples. You may want to contact an immigration attorney to help you with the waiver request.

Ditto.