Limit on K-1s from previous marriage?

[Jon and Krissy 452]

The "waiver" for permission to apply for more than two K-1 is just a letter that you send with the petition asking for an exception. Getting out of that requirement and doing a CR-1 does not free him of his own history of being a personal immigration portal. The US gov has checks in place to prevent people from becoming personal immigration portals. This visa itself doesn't matter as much as his own past, and either way he will have more to overcome than ever before to prove this is a valid relationship.

Sorry, but restating an error doesn't make it correct. IMBRA only applies to K petitions, not CR/IR-1. See for example: http://www.ilw.com/articles/2007,0206-ellis.shtm

He might have some presumptions to overcome. However, engaging an attorney isn't going to help him, IMO.

Edited April 12, 2014 by Jon and Sol

[Boiler 45,783]

Seems you misread Harpa's post.

[Al422 221]

Waivers are not that hard to get.. I had 2 prior K-1s, and both of them blew up in my face when my former fiances changed their minds after the triggering event, the NOA2. Despite that, I got a waiver for K-1 #3, easy and fast.

Now every situation is different, so I am not stating definitively that you will get yours easy and fast. A difference I see here is that 2 ladies who would not have qualified for a green card got them as a result of your actions and decisions. My green card score, on the other hand, is ZERO.

The mechanics of getting a waiver takes the form of a letter you submit to USCIS along with your usual I-129(f) filing, which I assume you are a pro at by now. (I certainly am.) Explain to them that the first two were indeed bona fide relationships, explain how you fell in love, how happy you were in married life, how you had every intention of staying married till death do us part, but it just did not work as you had hoped. It would also help to tell them what you learned from these two relationships that you will use in #3 to reduce the risk that it will suffer the same fate.

I ran my proposed waiver request letter past the members here, and most told me it was too long (3 pages). Maybe it was too long and maybe it was not. But one thing was for certain: It worked.

Good luck to you, and hope I was able to help.

Edited April 12, 2014 by Al422

[asianculture 14]

MAYBE GET TO KNOW THE GIRL FIRST AND THEN MARRY HER IN THE PHILIPPINES.

[milimelo 4,520]

How old is the daughter?

[Ebunoluwa 6,136]

Or would I even do the K3 or just this IR1/CR1? That is a new one for me and will need to research that. Does anyone know the process and wait times/success for the IR1/CR1?

Your options:

1. You can do a K1 and submit a letter to request a waiver with the I-129F.

Explain the relationships and why they did not work out and why you are confident that this one will be a lasting marriage.

No big deal. No lawyer needed. Enter Imbra multiple filings into VJ search bar

to view other threads about it.

2. You can file a CR1, forget the K3, it is no longer a viable option. It is NOT for her daughter. Read the GUIDES what each visa is about.

No waiver needed with a CR1.

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/i130guide1

CR1 currently takes much longer than K1 but in your situation it would be a bit more solid.

If your case would get returned with recommendation to revoke (if they doubt lack of bona fide due to your previous filings)

the K1 expires and dies.

However, a CR1 will not expire and you can rebut their findings in case that would also get returned.

No lawyer necessary in my opinion but lots of hours of research on this site. The VJ search bar is very handy to seek out similar situations.

Good luck.

[Al422 221]

One caveat about marrying her in the Philippines: I hope this is the true love you have been searching for and you indeed stay married till death do us part.

BUT you are batting 0 for 2. Let's face it, you don't have a good track record in the marriage arena. And now you are talking about marriage in a country that has no divorce and where a judicial annullment costs a fortune and takes years. What will your contingency plan be if the relationship goes the way of your two priors before she makes it to the US? You can't sue her for divorce in US courts until she is here. In order to marry anybody else you will have to go to the Philippines, hire a Filipino lawyer and pay and wait whatever it takes to get an annullment there.

I am not suggesting this will ever happen; just pointing out a worst case scenario and one that is within the realm of possibilities. You will be in a much better position regarding your own legal rights if you do the K-1 route. Waivers are not that hard to get, really. The worst possible result is that you don't get one and still have the CR-1 route open to you.

I pictured myself in that scenario I painted had I gone CR-1 with either of my former fiances. In each case I would have had to return to Russia and get a Russian divorce through a Russian lawyer. Instead I just withdrew my petition, closed the books on them, moved on and thanked myself for doing K-1 instead.

[jeremydude 0]

How old is the daughter?

She is 10

[jeremydude 0]

Your options:

1. You can do a K1 and submit a letter to request a waiver with the I-129F.

Explain the relationships and why they did not work out and why you are confident that this one will be a lasting marriage.

No big deal. No lawyer needed. Enter Imbra multiple filings into VJ search bar

to view other threads about it.

2. You can file a CR1, forget the K3, it is no longer a viable option. It is NOT for her daughter. Read the GUIDES what each visa is about.

No waiver needed with a CR1.

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/i130guide1

CR1 currently takes much longer than K1 but in your situation it would be a bit more solid.

If your case would get returned with recommendation to revoke (if they doubt lack of bona fide due to your previous filings)

the K1 expires and dies.

However, a CR1 will not expire and you can rebut their findings in case that would also get returned.

No lawyer necessary in my opinion but lots of hours of research on this site. The VJ search bar is very handy to seek out similar situations.

Good luck.

Thank you I need to research both options I see.

[jeremydude 0]

Do the CR1 spousal visa. No you don't need a lawyer.

Thank you researching this as this type of filing is new to me.

Edited April 12, 2014 by jeremydude

[Boiler 45,783]

I see no reason why you could not get divorced ion the US.

[Al422 221]

I see no reason why you could not get divorced ion the US.

If the wife never enters the US, she is not subject to the jurisdiction of the US courts.

[Boiler 45,783]

So?

[jeremydude 0]

It just bites I mean in my case they really should give me an exemption. Wife 2 wanted to visit her cousin to see her new baby, I had to work so I bought her a plane ticket, no arguing we were holding hands hugging and kissing at the airport. She was calling and texting me all the time day and night when she got there all lols and I love yous back and forth. A week later I get divorce papers and almost hit the ground. The only reason I ever got out of her was her family needed more money as her Dad lost his job and she needed to go to NYC with her family there and help support them that the money we were sending each week wasn't nearly enough. It came completely out of the blue no warning, nothing. When I said I wouldn't sign them she said sign them or not she was staying up there to work 2 jobs and send the money to her family. I have 16 years at my job and just can't abandon it. So she said she was doing the divorce as a way for me to be free because her family needed her. Good grief even the Grinch would cut me a little slack after that.

[Harpa Timsah 13,258]

It is a common scam to marry off people in the family to get them reunited in the US.