Need guidance on k1 visa for second time

[BParker 0]

Ok, I will try to be as short as possible.

I used an attorney for the 1st K1 for my fiance so I am not as educated as I need to be as I dont want to use them again. So I am learning but I have some questions.

We filed for her K1 Dec 05 and she was approved in May 06 she joined me in the USA for 3 months and she went back home 2 weeks before her 90 days was up.

Now, we want to file again and I contacted my attorney I used last time and he tells me it is a much more difficult process to file a 2nd time for the same person as I need a waiver due to the "Marriage Broker Act" is now in effect where as it was not a law when we first filed. I have no idea what waiver he is talking about and I need to be advised on what changes and what will affect us from this new law.

So, we filed for a k1 she came and left and now we need to file again (but doing it ourselves) and need to know what we need to do "different" this time due to the new law(s).

Best Regards,

Edited September 13, 2006 by BParker

[Mew 0]

This is a good read for you to start: http://www.uscis.gov/graphics/lawsregs/han...IMBRA072106.pdf

See 'filing limitations'.

Also, have a read at: http://www.online-dating-rights.com/pdf/IMBRA2005.pdf

[BParker 0]

Thank you, I will read them.

[garya505 2]

Ok, I will try to be as short as possible.

I used an attorney for the 1st K1 for my fiance so I am not as educated as I need to be as I dont want to use them again. So I am learning but I have some questions.

We filed for her K1 Dec 05 and she was approved in May 06 she joined me in the USA for 3 months and she went back home 2 weeks before her 90 days was up.

Now, we want to file again and I contacted my attorney I used last time and he tells me it is a much more difficult process to file a 2nd time for the same person as I need a waiver due to the "Marriage Broker Act" is now in effect where as it was not a law when we first filed. I have no idea what waiver he is talking about and I need to be advised on what changes and what will affect us from this new law.

So, we filed for a k1 she came and left and now we need to file again (but doing it ourselves) and need to know what we need to do "different" this time due to the new law(s).

Best Regards,

You won't have much trouble with IMBRA because you obviously met well before the law was passed. If your lawyer told you IMBRA was going to make it much more difficult I would suggest getting another lawyer. You could have a little explaining to do about your first K1.

[Arazia 0]

If you look at the instructions on the I-129F, it says that if you have had a K-1 application processed in the past two years prior, you will need a waiver to apply for a second one. I think you may end up facing a lot of questions on exactly why you didn't follow through with the last K-1 visa and the burden of proof that you actually do intend to marry this time.

[desert_fox 32]

You won't have much trouble with IMBRA because you obviously met well before the law was passed. If your lawyer told you IMBRA was going to make it much more difficult I would suggest getting another lawyer. You could have a little explaining to do about your first K1.

IMBRA has nothing to do with when you met. Its the date that you file the petition. File a petition today and you will need to comply with the requirements.

[Yodrak 7]

BParker,

The waiver is required because you are submitting a 2nd I-129f petition within 2 years of having filed the 1st one. Simply ask for the waiver as part of your petition package. Whether or not the waiver is approved may depend to some extent on why the woman left the first time without marrying you and what's changed that the two of you want to try again - for sure they'll want that explained.

Read the new I-129f and its instructions to find out what you'll have to do different - do extra might be a more accurate phrase - this time.

Yodrak

Ok, I will try to be as short as possible.

I used an attorney for the 1st K1 for my fiance so I am not as educated as I need to be as I dont want to use them again. So I am learning but I have some questions.

We filed for her K1 Dec 05 and she was approved in May 06 she joined me in the USA for 3 months and she went back home 2 weeks before her 90 days was up.

Now, we want to file again and I contacted my attorney I used last time and he tells me it is a much more difficult process to file a 2nd time for the same person as I need a waiver due to the "Marriage Broker Act" is now in effect where as it was not a law when we first filed. I have no idea what waiver he is talking about and I need to be advised on what changes and what will affect us from this new law.

So, we filed for a k1 she came and left and now we need to file again (but doing it ourselves) and need to know what we need to do "different" this time due to the new law(s).

Best Regards,

[BParker 0]

Thanks for all of the help and clarification. I am not sure if our excuse will be acceptable or not. I wasnt aware (before hand) that there were limitations on how many times you could file. Obviously I always assumed it would be just 1 time and only 1 time.

Our timeline went something like this:

1st month we just celebrated and traveld all around dallas eating at every resturant and when out with friends in effort to show her where "we live" and to help give her a perspective on "our lifestyle" here.

2nd month we traveld alot going to see different places in the USA - went to the beach and to see the rockies.

3rd month is where we got serious and started making plans to get married and when we ran into problems. I had always been up front about having a pre-nump and she "thought" it would be no problem but when it came time to sign it she understandably had some reservations and wanted it to be translated into Russian so she could really read it and unerstand it without uncertianty. I agreed so we looked for a person to translate it for us and wasted alot of time due to couldnt find someone who would translate it here in the USA for under a 1000 bucks.

So, we continued to get the rest of the stuff done where we ran into more timing problems. We didnt go the social security offlice like we were told (we forgot honestly) and the SSN# took 3 weeks to get in. So we were left with little time and then we need to file for a marriage license as well which take 3 business days with a 2 day grace period after.

So, after realizing we were running out of time and we wanted her to have the prenump translated into Russian we thought it would be wise to be safe to have her go back for a while get this done so she didnt go into an illegal status - digest the prenump - and I would refile for another K1. But I didnt know there were limitations as to how many times you could petition for a k1.

As always hindsight is always 20/20

[Yodrak 7]

BParker,

Going off for the moment on the tangent you've introduced here, it sounds like you may not have been going about the pre-nup in the right way. You had an attorney help you draw up the proposed agreement? Beyond a translation, did she have her own attorney to review it with her, make sure she understood it, and advise her about it? An attorney completely independent of you and your attorney?

I would think that you're going to be OK on the immigration front provided that you present the story properly, not shooting yourself in the foot with information or wording that can be mis-interpreted in ways that give an unfavorable impression. Have an immigration attorney help you with this if you're uncertain about writing your own waiver request. Then discuss with your family-law attorney how your fiancee can retain proper representation for the next go-round on the pre-nup. If she's not properly represented and advised, and the pre-nup is ever needed, you may find that it's invalid. (What was that movie with George Clooney and Catherine Zeta-Jones?)

Yodrak

Thanks for all of the help and clarification. I am not sure if our excuse will be acceptable or not. I wasnt aware (before hand) that there were limitations on how many times you could file. Obviously I always assumed it would be just 1 time and only 1 time.

Our timeline went something like this:

1st month we just celebrated and traveld all around dallas eating at every resturant and when out with friends in effort to show her where "we live" and to help give her a perspective on "our lifestyle" here.

2nd month we traveld alot going to see different places in the USA - went to the beach and to see the rockies.

3rd month is where we got serious and started making plans to get married and when we ran into problems. I had always been up front about having a pre-nump and she "thought" it would be no problem but when it came time to sign it she understandably had some reservations and wanted it to be translated into Russian so she could really read it and unerstand it without uncertianty. I agreed so we looked for a person to translate it for us and wasted alot of time due to couldnt find someone who would translate it here in the USA for under a 1000 bucks.

So, we continued to get the rest of the stuff done where we ran into more timing problems. We didnt go the social security offlice like we were told (we forgot honestly) and the SSN# took 3 weeks to get in. So we were left with little time and then we need to file for a marriage license as well which take 3 business days with a 2 day grace period after.

So, after realizing we were running out of time and we wanted her to have the prenump translated into Russian we thought it would be wise to be safe to have her go back for a while get this done so she didnt go into an illegal status - digest the prenump - and I would refile for another K1. But I didnt know there were limitations as to how many times you could petition for a k1.

As always hindsight is always 20/20

Edited September 14, 2006 by Yodrak

[garya505 2]

You won't have much trouble with IMBRA because you obviously met well before the law was passed. If your lawyer told you IMBRA was going to make it much more difficult I would suggest getting another lawyer. You could have a little explaining to do about your first K1.

IMBRA has nothing to do with when you met. Its the date that you file the petition. File a petition today and you will need to comply with the requirements.

For petition requirements yes, for meeting using an IMB maybe not.

[Mew 0]

You won't have much trouble with IMBRA because you obviously met well before the law was passed. If your lawyer told you IMBRA was going to make it much more difficult I would suggest getting another lawyer. You could have a little explaining to do about your first K1.

IMBRA has nothing to do with when you met. Its the date that you file the petition. File a petition today and you will need to comply with the requirements.

For petition requirements yes, for meeting using an IMB maybe not.

What do you mean, Garya? I'm not sure I understand your line of thought.

IMBRA's in effect. Whether you've met your fiance before the law went into effect - through an IMB or not - you still have to comply with it.

[bly 0]

Ok, I will try to be as short as possible.

I used an attorney for the 1st K1 for my fiance so I am not as educated as I need to be as I dont want to use them again. So I am learning but I have some questions.

We filed for her K1 Dec 05 and she was approved in May 06 she joined me in the USA for 3 months and she went back home 2 weeks before her 90 days was up.

Now, we want to file again and I contacted my attorney I used last time and he tells me it is a much more difficult process to file a 2nd time for the same person as I need a waiver due to the "Marriage Broker Act" is now in effect where as it was not a law when we first filed. I have no idea what waiver he is talking about and I need to be advised on what changes and what will affect us from this new law.

So, we filed for a k1 she came and left and now we need to file again (but doing it ourselves) and need to know what we need to do "different" this time due to the new law(s).

Best Regards,

I would apply for the second one and ask for the waiver, you have many items going for you. She left the country in less than 90 days, so she didn't violate the visa terms. (Assuming she got out before the 90 days was up.) You're applying for the same person, which is very different than applying for someone else within 2 years after getting the first K1.

While I would never lie, was there a compelling reason for her to go home besides timing issues here in the states? Maybe a really sick parent in the hospital back in Russia? This would work better if she left at day 75 than at day 90.

The worst they can do is deny you and that will happen here in the states so you’ll know within a decent time frame. Once the petition is approved and forwarded to Moscow you’re pass the IMBRA mutli visa hurdle and she shouldn’t have a problem.

My gut says you have a 90% chance of getting another K1, but I’m not an expert. If you are denied you can always travel to Russia and marry, then go the I-130 Route avoiding the entire K1/K3 visa and the IMBRA all together, this will take a while (6 to 12months?) but she will get back to the USA if that’s really what you want. The I-130 has no limits associated with it like a K visa, as long as you are married and can prove a real relationship.

If you’d like to read more about the I-130: http://www.visajourney.com/forums/index.ph...page=i130guide1

I’ve had 2 K1s in the last 2 years, didn’t marry the first woman and she left within 90 days so we didn’t violate her visa. 18 months after that I got a second K1 for my now wife without issue. This was after the IMBRA was signed into law but prior to it taking affect. People told me I’d have issues getting a second K1 so fast with a new fiancee, but it really wasn’t an issue. Actually my K1 was approved in 14 days and we had the visa within 90 days. The officer at the embassy asked my wife about my first K1 and she told the truth, that it just didn’t work out but that she was sure we were in love etc etc. The officer at the embassy told my wife it was good that the first woman with a K1 under my name didn’t violate the visa terms, cause that would cause issues.

Best of luck, and if you’re really worried about not getting another K visa fly to Russian and get married, that’s a sure fire way to get her here!

Brad

[garya505 2]

You won't have much trouble with IMBRA because you obviously met well before the law was passed. If your lawyer told you IMBRA was going to make it much more difficult I would suggest getting another lawyer. You could have a little explaining to do about your first K1.

IMBRA has nothing to do with when you met. Its the date that you file the petition. File a petition today and you will need to comply with the requirements.

For petition requirements yes, for meeting using an IMB maybe not.

What do you mean, Garya? I'm not sure I understand your line of thought.

IMBRA's in effect. Whether you've met your fiance before the law went into effect - through an IMB or not - you still have to comply with it.

Of course we all know that we have to comply with the law as far as the sections of the law regarding disclosure of criminal record, previous petitions, and disclosure of IMB use. However, IMBs were not required to comply until March 6. So, the question of what would happen if you met using a non-compliant IMB IS dependent on whether you met using such an IMB before or after the IMB was required to be compliant. Would they (and could they legally) deny a VISA for this reason? Nobody knows really, it depends on how USCIS interprets and applies the law. So far I have not heard of any cases where this was a problem, even if the couple met using a non-complaint IMB after March 6.

[Yodrak 7]

garya,

No, it depends on how DoS and the consulates interpret and apply the law - the USCIS does not process visa applications. I also have not heard of any IMBRA visa experiences at the consulates yet, which is why I started a thread trying to find some.

Yodrak

.... Would they (and could they legally) deny a VISA for this reason? Nobody knows really, it depends on how USCIS interprets and applies the law. So far I have not heard of any cases where this was a problem, even if the couple met using a non-complaint IMB after March 6.