K-1 Filing Limitations

[Grant PDX 183]

I recently posted about the (negative) status of my relationship with my Fiancee. I anticipate people will judge, but I am looking for the groups advice, outside of the personal relationship side of what is going on. There are details (as always) that will never be explainable in any forum about the relationship. I'm not willing to go into the details, I'm wondering about processing the petition. So here is the situation:

I filed 4 1/2 months ago. I would anticipate NOA2 in possibly 2 weeks give or take. There is still a possibility that we would continue our relationship after the bumps in the road we've had, but there is a possibility we won't. Either way is a possibility. So I am wavering on cancelling the petition, but haven't yet decided if I will do so. Time is the only way to know, and there isn't much left in our NOA1-NOA2 timeline. I just don't have it, so I'll do what I need to do as much as I can within the process.

The questions:

1) 6 years ago I filed petition, my fiancee received a visa. She immigrated, we got married, had kids, gained US citizenship, then we divorced. In December I filed for my current? fiancee. That means I have filed 2 petitions in my lifetime. It hasn't been approved, but it has been submitted. Even if I withdraw my petition now, I believe this means I've "filed" and would be required to file a waiver if I ever wanted to go down a similar road again. Is this correct, or only if it's actually been processed/approved?

2) If I don't withdraw my petition, and it's approved, even if we don't proceed after it leaves USCIS, I believe that meets the criteria for "had a petition approved within 2 years" assuming I do this again anytime within the next 24 months. Is that correct?

3) Assuming 1) is correct, I am already required to file a waiver, and whether I withdraw it now or wait a couple of months after the petition might be approved is immaterial. That would certainly allow more time to sort through our relationship. However, if 1 doesn't require a waiver given the current situation if I withdraw it, then 2) seems that it most certainly would require a waiver if I don't withdraw, but wouldn't require a waiver if I do withdraw it. Is that correct?

I would rather not be in a waiver situation, not knowing what the future may hold... but I may be there already anyway. It's not the most critical thing in our relationship, but it may impact how we handle our current petition. If I'm leaning towards "no future" then withdrawing now is the best, if I'm leaning towards "yes future" then of course I don't withdraw... but I'm stuck in the middle and time is running... If I'm already under the waiver requirements from 1) above then I have time that doesn't impact waiver requirements either way.

Thanks, in advance, for your input.

[Caryh 5,206]

Pulled this from an immigration lawyers web site. With in two years had one approval, or two filings in a life time. Sounds like any future K1 requires a waiver.

IMBRA limits the number of K1 visa petitions a sponsor can file or have approved without seeking a waiver of the limits. A sponsor will need to seek a waiver of the limits if either:

(a) they have filed two or more K1 visa petitions at any time in the past; or

(b) they already had a K1 visa petition approved within the past two years.

Waiver of these limits is at the discretion of USCIS, but ordinarily can be granted where "justification exists." However, if the visa sponsor has a criminal history including violent offenses, the waiver will only be granted in "extraordinary circumstances."

[pushbrk 13,172]

Download and read this. http://www.uscis.gov...imbra072106.pdf

A waiver, if required would be when you file ANOTHER I-129F.

As a practical matter, when no applicable IMBRA listed crimes are on the record, I've never heard of a waiver for multiple filings being denied, even when it's just a simple request accompanied by the brief explanation that the previous relationships have ended.

Edited April 19, 2012 by pushbrk

[Loida and Ed 11]

Its good to be a deep thinker and think different levels.. Kudo's to you. The above reply from Caryh sounds pretty valid...

Question 1 Re: I believe this means I've "filed" and would be required to file a waiver. I believe your right, just by what I have read on VJ and not searching past similar incidents.

Question 2 Re: I believe that meets the criteria for "had a petition approved within 2 years"... Again all things point to this is also correct to presume.

Question 3, (first part of the multi question question LOL) I agree, it seems immaterial to withdrawl now or later.

Question 3. (continued) Yes if (1) does not require a waiver, then this "point" is clear and you have only filed "once".

That being said if you do withdraw from (2) "and" (1) still not requiring a waiverr, then 2 should also be clear because it has not yet been "approved". ("Approved" being the key word in the sentence)

Your correct to presume that is IF you dont withdraw.. then #2 would still be "valid" and your answer would be "yes" and you will need a waiver for any future endeavour.

Regarding your continuing statements about "future" and "no future", I sympathezise with you being in this position, and i wish it on no one. Tho you didnt ask opinions on this, heres mine

IF theres any hesitation, then I'd say stop the process, call it a day, and let your self realize your gut feeling is telling you something, and its usually telling you right. I hate to throw that out there but i wouldnt sugarcoat this one and have YOU make the wrong choice.

And let's say u stop the process and you all work it out and want to continue forward. Consider it part of the "trials" that you all go through to make sure it really IS the right thing. It doesnt mean keeping someone set up in a nice home during this time period, but rather let it be like: she goes back to her ways, you go back to your ways, and you all start the email or chat exchanges again.

Good luck to you in this complex and difficult decision... Let yourself make the choice, dont let time passing by dictate your future abilities.

Ed (of Loida and Ed)

[Grant PDX 183]

Thanks guys. I really don't like having my personal decisions being dictated by time, but even less I like finding myself in this situation. I don't know how the personal situation will work out, but I have my thoughts. The spectre of IMBRA, K-1 limitation, and future opportunities is just something I wasn't absolutely clear on. You guys have provided some clarity, so it seems at this point what I do going forward, petition-wise, will have zero impact, since I've already crossed the waiver-line.

And thanks pshbrk, I anticipate minimal problems, but it's good to have that confirmed, assuming I ever am in a situation to go that direction.

I was worried about the types of responses that might come, given my situation, and you guys have been great.

[L+T 71]

Download and read this. http://www.uscis.gov...imbra072106.pdf

A waiver, if required would be when you file ANOTHER I-129F.

As a practical matter, when no applicable IMBRA listed crimes are on the record, I've never heard of a waiver for multiple filings being denied, even when it's just a simple request accompanied by the brief explanation that the previous relationships have ended.

This is good link. The key here is limitations do not apply to spouse. (specificially stated K-3 non-immigrant). If you travel this road again, may be better to get married first, and go for spouse visa, as opposed to fiancee.... this way you are not restricted by waiver reqts.

PS, wish you the best!! and good luck.

Edited April 19, 2012 by L+T

[pushbrk 13,172]

This is good link. The key here is limitations do not apply to spouse. (specificially stated K-3 non-immigrant). If you travel this road again, may be better to get married first, and go for spouse visa, as opposed to fiancee.... this way you are not restricted by waiver reqts.

K3 visa is obsolete, but yes marriage first saves a lot of paperwork, fees and trouble.

[RickJovi 81]

I recently posted about the (negative) status of my relationship with my Fiancee. I anticipate people will judge, but I am looking for the groups advice, outside of the personal relationship side of what is going on. There are details (as always) that will never be explainable in any forum about the relationship. I'm not willing to go into the details, I'm wondering about processing the petition. So here is the situation:

I filed 4 1/2 months ago. I would anticipate NOA2 in possibly 2 weeks give or take. There is still a possibility that we would continue our relationship after the bumps in the road we've had, but there is a possibility we won't. Either way is a possibility. So I am wavering on cancelling the petition, but haven't yet decided if I will do so. Time is the only way to know, and there isn't much left in our NOA1-NOA2 timeline. I just don't have it, so I'll do what I need to do as much as I can within the process.

The questions:

1) 6 years ago I filed petition, my fiancee received a visa. She immigrated, we got married, had kids, gained US citizenship, then we divorced. In December I filed for my current? fiancee. That means I have filed 2 petitions in my lifetime. It hasn't been approved, but it has been submitted. Even if I withdraw my petition now, I believe this means I've "filed" and would be required to file a waiver if I ever wanted to go down a similar road again. Is this correct, or only if it's actually been processed/approved?

2) If I don't withdraw my petition, and it's approved, even if we don't proceed after it leaves USCIS, I believe that meets the criteria for "had a petition approved within 2 years" assuming I do this again anytime within the next 24 months. Is that correct?

3) Assuming 1) is correct, I am already required to file a waiver, and whether I withdraw it now or wait a couple of months after the petition might be approved is immaterial. That would certainly allow more time to sort through our relationship. However, if 1 doesn't require a waiver given the current situation if I withdraw it, then 2) seems that it most certainly would require a waiver if I don't withdraw, but wouldn't require a waiver if I do withdraw it. Is that correct?

I would rather not be in a waiver situation, not knowing what the future may hold... but I may be there already anyway. It's not the most critical thing in our relationship, but it may impact how we handle our current petition. If I'm leaning towards "no future" then withdrawing now is the best, if I'm leaning towards "yes future" then of course I don't withdraw... but I'm stuck in the middle and time is running... If I'm already under the waiver requirements from 1) above then I have time that doesn't impact waiver requirements either way.

Thanks, in advance, for your input.

Grant if you need a sample IMBRA waiver for limitations, I filed one and I think it is a good format. Just send me a message or e-mail.

[Ban Hammer 13,643]

one judgmental post removed. address the issue contained in the op - do not try to create drama in this thread.

[beejay 125]

Good luck with whatever you decide to do. I hope you can chose a path that will give you happiness.

[C-ma'am 684]

I'm posting simply to wish you the best on whatever comes your way and whatever decision you make

[Grant PDX 183]

Grant if you need a sample IMBRA waiver for limitations, I filed one and I think it is a good format. Just send me a message or e-mail.

Thanks Rick. I'm not jumping into anything immediately...realy just wondering if withdrawing the petition sooner rather than later would have an impact on the future. It doesn't seem that it will matter one way or the other at this point. I wouldn't mind having a copy, as when I move forward with something else it's very possible that it might be with a foreigner (ok, I'll admit it, I love the Philippines). Please do send it, and thank you.

[RickJovi 81]

Thanks Rick. I'm not jumping into anything immediately...realy just wondering if withdrawing the petition sooner rather than later would have an impact on the future. It doesn't seem that it will matter one way or the other at this point. I wouldn't mind having a copy, as when I move forward with something else it's very possible that it might be with a foreigner (ok, I'll admit it, I love the Philippines). Please do send it, and thank you.

Okay. I will locate it and send it to you soon. I alsso love the Philippines, so we are same. I found a great Filipina from agreat family. I am so much happeir now. I survived what my ex did to me and never look back now. She did me a favor which allowed me to get the right woman who loves me. Take care my friend. You will here from me soon.

[bigdog 377]

No matter what the process is, you both need to make a decision and then proceed, good luck.

[Caryh 5,206]

Thanks guys. I really don't like having my personal decisions being dictated by time, but even less I like finding myself in this situation. I don't know how the personal situation will work out, but I have my thoughts. The spectre of IMBRA, K-1 limitation, and future opportunities is just something I wasn't absolutely clear on. You guys have provided some clarity, so it seems at this point what I do going forward, petition-wise, will have zero impact, since I've already crossed the waiver-line.

And thanks pshbrk, I anticipate minimal problems, but it's good to have that confirmed, assuming I ever am in a situation to go that direction.

I was worried about the types of responses that might come, given my situation, and you guys have been great.

I would have no idea how to give you advice on your situation. But I could certainly see how answers to how the waiver requirements could come into play in any timing of a decision. I just hope how ever things turn out and the path you take brings you only happiness in the future.