Jump to content
jeremydude

Limit on K-1s from previous marriage?

 Share

42 posts in this topic

Recommended Posts

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. :rolleyes: 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 by Jon and Sol

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Seems you misread Harpa's post.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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 by Al422
Link to comment
Share on other sites

Filed: AOS (apr) Country: Cyprus
Timeline

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.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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.

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

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.

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

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 by jeremydude
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

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.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

So?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

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.

Link to comment
Share on other sites

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

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...