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Filed: Country: Colombia
Timeline
Posted

First a side note - In 1994 I had a K-1 which resulted in a 12 year marriage (divorced 2006).

Now the quick of my recent situation - 2 years ago I met a woman from Bogota, Colombia and after a year of visits and dating we applied and received a K-1 visa, it was approved, she arrived LAX no problem but private circumstances/issues arose and she returned home to Colombia after a very short stay in USA (no marriage), the engagement was off and the relationship has officially ended earlier this year.

Question - In the future can I submit another K-1? I read somewhere that this could be a problem if you have had 2 K-1's or 1 within the past 2 years.

What form of explanation would I need to give other then "there was a change of heart"? Do I need to prove that she returned to Colombia? Should I send a letter now that there was no marriage and she is no longer in the USA? Or just put a cover letter explaining the situation if and when I submit a new K-1 application?

I have read through about a year of these forums and have not found the answers. Thanks in advance for your help!

--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
March 29, 2012 Scheduled Interview
June 7, 2012 Interview APPROVED!

------------------------------Arrival @ LAX-----------------------------
July 27, 2012 Arrived POE @ LAX
October 21, 2012 Married (L) (L)

------------------------------AOS----------------------------------
April 20, 2013 Mailed AOS package

April 29, 2013 AOS NOA

May 22, 2013 Biometric date

June 7, 2013 NOA, rec. interview date for 7-16-13

June 18, 2013 EAD/AP Approved

June 29, 2013 Rec. in mail EAD/AP combo card

July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

January 27, 2014 Received GREEN CARD in mail! kicking.gif

-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

December 30, 2015 ROC NOA1

January 25, 2016 ROC Bio appointment

May 26, 2016 Approved!

June 4, 2016 - Received 10-year PERMANENT RESIDENT CARD in mail! :thumbs:

-----------------------CITIZENSHIP------------------

November 16, 2016 Mailed

November 19, 2016 NOA date

December 13, 2016 Biometrics

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

They will have a record that she returned, and as there was no marriage, you have no obligations towards her or immigration regarding your second ex.

If you happen to find another foreigner you want to marry, there is no form, you just write a letter of explanation as part of your cover letter for the next petition. Explain why the two ex relationship ended, but mostly the newer one.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

They will have a record that she returned, and as there was no marriage, you have no obligations towards her or immigration regarding your second ex.

If you happen to find another foreigner you want to marry, there is no form, you just write a letter of explanation as part of your cover letter for the next petition. Explain why the two ex relationship ended, but mostly the newer one.

The letter you have to write is a IMBRA Waiver request, on IMBRA filing limitations. Since after 2 approved K1s you have to file this request. On the letter you just basically explain the previous K1s, attach any supporting documents, and why you should be allowed to file another. IMBRA is a law in attempt to prevent petitioners from abusing foreigners.

NOA1 - 12/21/15

NOA2 - 04/18/16

NVC Receive - 04/29/16

NVC Welcome - 05/13/16

DS-261 - 05/14/16

AOS, IV PAID - 05/27/16

DS260 done - 06/10/16

Case Transferred to US Embassy in Riga Latvia at the end of October.

If you really want it, you'll find a way!

Filed: Country: Colombia
Timeline
Posted

The letter you have to write is a IMBRA Waiver request, on IMBRA filing limitations. Since after 2 approved K1s you have to file this request. On the letter you just basically explain the previous K1s, attach any supporting documents, and why you should be allowed to file another. IMBRA is a law in attempt to prevent petitioners from abusing foreigners.

Thank you both for your comments. It sounds like it is straightforward and should not pose a problem with a third K-1 request if needed in the future.

Certainly there is no abuse of foreigners here and I can understand why this IMBRA is in effect.

And Penguin you say that there is a record of the departure. That is perfect! I was hoping that they enter the visa number into the database system at the airport so they have a record of the departure and that she is not hanging around the states.

--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
March 29, 2012 Scheduled Interview
June 7, 2012 Interview APPROVED!

------------------------------Arrival @ LAX-----------------------------
July 27, 2012 Arrived POE @ LAX
October 21, 2012 Married (L) (L)

------------------------------AOS----------------------------------
April 20, 2013 Mailed AOS package

April 29, 2013 AOS NOA

May 22, 2013 Biometric date

June 7, 2013 NOA, rec. interview date for 7-16-13

June 18, 2013 EAD/AP Approved

June 29, 2013 Rec. in mail EAD/AP combo card

July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

January 27, 2014 Received GREEN CARD in mail! kicking.gif

-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

December 30, 2015 ROC NOA1

January 25, 2016 ROC Bio appointment

May 26, 2016 Approved!

June 4, 2016 - Received 10-year PERMANENT RESIDENT CARD in mail! :thumbs:

-----------------------CITIZENSHIP------------------

November 16, 2016 Mailed

November 19, 2016 NOA date

December 13, 2016 Biometrics

 
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