K 1 visa Help

[Olga & Randy 0]

Help with I 129 F question K1 visa?

I filed for my fiance a year ago, but we decided to travel first and we would not be living in the US, therefore I cancelled the petition. Now we have decided to live in the US, my question is: in the application asks if I have filed before for this person? should I say yes or No, since the first application did not went through. and if I say yes , you guys think there is a problem? only reason we did not went through first process was, that we don't want brake law and get green card without her residing in the US?

20 hours ago - 3 days left to answer.

Additional Details

Thank you everyone, for answering I do have more questions, I was not working in the US when we started traveling, I am also a License Realtor and I have a foreign income is not much, but it is part of a family business is it enough for the Affidavit of support, and also We plan to send the documents now to get ahead, we living in Guatemala until May, she goes to Russia and I to the US. I want to send the documents starting January so we can get ahead, and as soon as I get the US, I will get a job, just anything so I can send the Affidavit of support, what you guys think?

[TBoneTX 44,671]

*** Thread moved from CR-1 Process to K-1 Process forum. ***

[Enigma11561 336]

You filed before, so he answer is yes. I am assuming that you at least submitted the paperwork, your check was cashed and you received a NOA1. Therefore you are in the system.This should not be a problem but you will need to offer an explanation.

Maybe some one else can answer about living overseas until May but wanting to file in Jan in regards of addresses and income documentation.

[CaroSL 68]

Hey Randy.

I don't know at all about your first question, so I hope more knowledgeable people will be able to help you.

But, in my opinion, I think filling ahead is exactly what you should do. The USCIS is so slow right now, so the sooner you fill the better! You won't need the Affidavit of support before your fiancée recieve packet 3. To give you an idea, we filled in early june, just got or NOA2 yesterday. This mean I won't receive packet 3 before maybe another month.

it is a matter of how soon you'll find a job when you get back in the US. But my fiancé and I filled before he got a job... he found exactly what he wanted one month and a half later.

Everyone, correct me if I am wrong,but if the USC income means at least 125% the poverty line and he/she has at least 3 months paystub to give it is ok, right? They don't request that the USC has been working for any minimum period of time previous to filling the affidavit?

[CaroSL 68]

You filed before, so he answer is yes. I am assuming that you at least submitted the paperwork, your check was cashed and you received a NOA1. Therefore you are in the system.This should not be a problem but you will need to offer an explanation.

Maybe some one else can answer about living overseas until May but wanting to file in Jan in regards of addresses and income documentation.

I didn't think about adress changes... But smthg must exist that makes this possible. I really think it would be heartbreaking to have to recommand someone to wait before filling a petition. The 6 months wait for NOA2 is really getting painfull if separated the whole time...

Cross my fingers, hope people who went through a similar situation can confirm you can fill now