Chances on a 3rd K-1 Visa

[Prezan 0]

Hi everyone,

I wanted to post a new topic to gather feedback from others and their experiences. The short story...I filed for a K-1 in 2005 it was approved and we married, but the marriage ended within weeks (mutual more my issues). I filed again in 2007 w/waiver and it was approved. After 4 years my second marriage ended in divorce.

I'm on the verge of making plans to move overseas, but in the event that is delayed. What are my chances with a third immigrant visa over a 7-year period? I would appreciate any sound and constructive advice.

many thanks in advance.

[milimelo 4,481]

Hi everyone,

I wanted to post a new topic to gather feedback from others and their experiences. The short story...I filed for a K-1 in 2005 it was approved and we married, but the marriage ended within weeks (mutual more my issues). I filed again in 2007 w/waiver and it was approved. After 4 years my second marriage ended in divorce.

I'm on the verge of making plans to move overseas, but in the event that is delayed. What are my chances with a third immigrant visa over a 7-year period? I would appreciate any sound and constructive advice.

many thanks in advance.

What's the US status of ex-wives, if any?

[Operator 1,927]

Im no expert but I did a quick google search. Maybe the text below will help. I found it here http://www.usaimmigrationattorney.com/IMBRAWaiverPetitions.html

NUMERICAL LIMIT: Under current USCIS reading of Section 832 of IMBRA , there is a numerical limitation to how many K 1 Visas you can do freely without restriction, namely a "lifetime" limit of two (2) previously approved K-1 Visa petitions unless you can secure a Section 832 Waiver (or special exception) from Homeland Security. TIME LIMIT: Also, under current USCIS reading of Section 832 of IMBRA, if you have filed one approved K-1 Visa in the past 24 months, you must wait 24 months from the filing date of the last K Visa petition, before you may file a new K Visa petition, unless you secure a Section 832 Waiver (or special exception) from Homeland Security.

Good luck!

[Prezan 0]

What's the US status of ex-wives, if any?

Thanks so much for the reply. Both ex's are here legally now and obtained 10 year greencards. The second received his right before our divorce and I attended the interview with him to explain what happened and why it did not work out.

I'm not sure I will go that route again, but was just wondering if there are ever any successes.

thanks again

Im no expert but I did a quick google search. Maybe the text below will help. I found it here http://www.usaimmigrationattorney.com/IMBRAWaiverPetitions.html

NUMERICAL LIMIT: Under current USCIS reading of Section 832 of IMBRA , there is a numerical limitation to how many K 1 Visas you can do freely without restriction, namely a "lifetime" limit of two (2) previously approved K-1 Visa petitions unless you can secure a Section 832 Waiver (or special exception) from Homeland Security. TIME LIMIT: Also, under current USCIS reading of Section 832 of IMBRA, if you have filed one approved K-1 Visa in the past 24 months, you must wait 24 months from the filing date of the last K Visa petition, before you may file a new K Visa petition, unless you secure a Section 832 Waiver (or special exception) from Homeland Security.

Good luck!

Thank you for this information.

[Darnell 8,478]

if you were to file a 3rd K-1, you'll have to request, in a letter attached to the petition, a WAIVER from IMBRA. Is not any special form, just a letter asking for the waiver.

[Love Eth 14]

I did the second on in less than two years of the approval of the first one. The only thing USCIS want to see is the waiver letter which has the details of the last petition. Information that hast to be included are who, where when and the result and reason with the evidence attached.

GOOD LUCK

Edited June 23, 2011 by Love Eth

[danik713 21]

I filed for a K-1 in 2005 it was approved and we married, but the marriage ended within weeks (mutual more my issues). I filed again in 2007 w/waiver and it was approved. After 4 years my second marriage ended in divorce.

I expect the USCIS should be the lesser of your worries.

I'd imagine it's possible to get yet another K-1 visa petition approved with a waiver - the adjudicators are people too and have guidelines but also use their own discretion; this could be either really beneficial or hurtful to your situation. Hopefully someone with experience in multiple peitions in such a short amount of time comes along to help.

Good luck.

[Prezan 0]

I expect the USCIS should be the lesser of your worries.

I'd imagine it's possible to get yet another K-1 visa petition approved with a waiver - the adjudicators are people too and have guidelines but also use their own discretion; this could be either really beneficial or hurtful to your situation. Hopefully someone with experience in multiple peitions in such a short amount of time comes along to help.

Good luck.

Thank you both for your replies and support.

[Casprd 167]

One factor that will come in to play is if the previous spouses and the new fiancee are all from the same country and even more critical are related at all. If so then the CO may reject your petition as they will see this as being a visa factory so to speak. You could avoid the K-1 limit issue by getting married and going the CR-1 route. Cost wise it is less and time wise start to entry to the US it is comparable.

[Prezan 0]

One factor that will come in to play is if the previous spouses and the new fiancee are all from the same country and even more critical are related at all. If so then the CO may reject your petition as they will see this as being a visa factory so to speak. You could avoid the K-1 limit issue by getting married and going the CR-1 route. Cost wise it is less and time wise start to entry to the US it is comparable.

Thank you Casprd that is a good point. My ex's are from different countries and not related in any way at all. I am thinking about the K-3 versus K-1 route, but just that I would prefer having the 3-month window to help adjust before nuptuals. I didn't do that first time...I just scheduled the marriage right away. I believe that time is important.

Again, I appreciate all the helpful feedback. Thank you all.

[KittyPollitt 284]

Thank you Casprd that is a good point. My ex's are from different countries and not related in any way at all. I am thinking about the K-3 versus K-1 route, but just that I would prefer having the 3-month window to help adjust before nuptuals. I didn't do that first time...I just scheduled the marriage right away. I believe that time is important.

Again, I appreciate all the helpful feedback. Thank you all.

Will this be your first dealings with the consulate in Casablanca, Morocco? I have a feeling they're going to ask ALOT of questions about this- they're not a very easygoing bunch.

[Prezan 0]

Will this be your first dealings with the consulate in Casablanca, Morocco? I have a feeling they're going to ask ALOT of questions about this- they're not a very easygoing bunch.

Hi Squeaky,

Not first time with Casa - first K1 was through back in '04 and I hear recently they are on a denial coaster ride. I'm still looking to relocate there either way, but want to weigh in all options ahead of time.

I appreciate your response very much.

[Sergi9 110]

Hi everyone,

I wanted to post a new topic to gather feedback from others and their experiences. The short story...I filed for a K-1 in 2005 it was approved and we married, but the marriage ended within weeks (mutual more my issues). I filed again in 2007 w/waiver and it was approved. After 4 years my second marriage ended in divorce.

I'm on the verge of making plans to move overseas, but in the event that is delayed. What are my chances with a third immigrant visa over a 7-year period? I would appreciate any sound and constructive advice.

many thanks in advance.

Take a break... this marriag thing might not be your thing.

[Prezan 0]

Take a break... this marriag thing might not be your thing.

Serg you made me smile. I hear ya but there lots in the details and trust me I've taken some time - plenty of it on my own. I do appreciate your comment though...in a different scenario I would give the same.

Truth is I made a bad choice, that's the issue not so much the "marrying thing."

[KittyPollitt 284]

Hi Squeaky,

Not first time with Casa - first K1 was through back in '04 and I hear recently they are on a denial coaster ride. I'm still looking to relocate there either way, but want to weigh in all options ahead of time.

I appreciate your response very much.

A 3rd K1 visa being approved by Casablanca is not something I see happening for you (or anyone. They don't like K1 cases to begin with). If you plan on relocating to Morocco- your best option would be to get married in Morocco, live there for some time, and then do a direct consular filing when you're ready to return to the US.