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Filed: Timeline
Posted

I had my first K1 visa 15 years ago, we were both too young to be married, and we divorced 6 years later because we had both changed so much that there was no way to stay together. She was Ukrainian. She had obtained her citizenship prior to the divorce. Fast forward 7 years and I decided to try again. This time with a Russian girl. She wasn't exactly compatible with me, but I thought we could make it work as we were both single parents and were willing to make it work. Well it didn't, she became really homesick, and that combined with our differences created a huge rift and she decided we should divorce and go back home. We had made it to the AOS stage, but she never made it to the interview stage. I wasn't looking to do this again, but I ended up meeting an awesome woman that I adore. She is also a single mother. We have the same interests, and great chemistry. Now the conundrum. This will be my 3rd k1. It's been more than 2 years since the 2nd k1, but I'll be over the 2 lifetime limit. Anyone else ever find themselves in this situation? I know I can do a waiver, but what are my chances? I could also do a k3, but apparently that is treated the same as a k1 in terms of the limit. Any advice would be greatly appreciated!!

Filed: AOS (apr) Country: Cyprus
Timeline
Posted

The waiver request is very simple and all you do is write a sentence or two and your chances are good if you don't have a criminal history.

Enter ' multiple filing waiver request sample letter' into the VJ search feature to get some examples.

Forget the K3, it will be administratively closed at NVC and is no longer viable, you would

then follow the I-130 path. No waiver is needed for the CR1.

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.

 

Posted (edited)

I had my first K1 visa 15 years ago, we were both too young to be married, and we divorced 6 years later because we had both changed so much that there was no way to stay together. She was Ukrainian. She had obtained her citizenship prior to the divorce. Fast forward 7 years and I decided to try again. This time with a Russian girl. She wasn't exactly compatible with me, but I thought we could make it work as we were both single parents and were willing to make it work. Well it didn't, she became really homesick, and that combined with our differences created a huge rift and she decided we should divorce and go back home. We had made it to the AOS stage, but she never made it to the interview stage. I wasn't looking to do this again, but I ended up meeting an awesome woman that I adore. She is also a single mother. We have the same interests, and great chemistry. Now the conundrum. This will be my 3rd k1. It's been more than 2 years since the 2nd k1, but I'll be over the 2 lifetime limit. Anyone else ever find themselves in this situation? I know I can do a waiver, but what are my chances? I could also do a k3, but apparently that is treated the same as a k1 in terms of the limit. Any advice would be greatly appreciated!!

If you want to do another K-1, you will need to submit a waiver request. It's just a simple letter asking for the waiver, and usually it's accepted. So I would say your chances are good of getting another K-1.

I had to also submit a waiver request for my wife, and I was approved no problem.

Here is an example of the waiver request letter that I sent:

RE: General Waiver for multiple filers

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), I respectfully request a waiver on the filing limitations in connection with my current petition. A waiver is appropriate in my circumstance because I have no criminal history with regard to the “specified crimes” under IMBRA.

I have one prior approved Form I-129F for [NAME], receipt number [RECEIPT #]. This petition was approved on [DATE], and resulted in...

Evidence to support this waiver includes:

[YOUR EVIDENCE]

Thank you for your kind consideration of my request.

Sincerely,

Explain what happened with your previous petitions, and include evidence to support it.

Edited by Zedayn

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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

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