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Posted

Hello VJ community,

First of all I want to say that you guys are awesome. I went through the K-1 application process and the advice here was invaluable to say the least. The fact that there are not more reliable, official sources for information on this convoluted process speaks volumes about US immigration policy... but you guys stand in the gap.

So I filed for a K-1 for my almost-fiancee in June of this year (2015). The application was routed to the California center, and we happily were approved within about a month (!!). However, we realized that weren't ready to get married. It wasn't frivolous: We were trying to make the relationship work in the wake of my previous wife having an affair and leaving me for the other man back in 2014. Despite my best efforts to "be okay" and heal from it, I needed more time, so we broke up.

I sent a letter, including a copy of all relevant NOA's/notices/etc., to the NVC stating the circumstances. We had been at the point where she'd need to go to the US Embassy in her native country and do the medical/interview stuff. Since we'd broken up and canceled the visa application, though, she never went. Keep in mind that the K-1 visa was never issued in this circumstance; only the application was fully approved on the NVC side before we broke up.

However...

We have stayed friends since, and are still talking as friends now. Obviously, this time, I would want to be as sure as possible if I want to pursue a relationship again. However, that possibility is seeming more and more likely. So I'm wondering, hypothetically, if we were to want to get married again:

1) Did we do anything incorrectly in "canceling" the visa?

2) I'm aware that there will be a waiting period before I can re-apply for the same petition, for the same person. Does anyone have reliable information as to how long this will be?

3) Is it true that one can only petition for a K-1 two times in one's life, period? (Just curious; don't plan on doing it again!!!)

Many thanks,

-Matt

Filed: AOS (apr) Country: Kenya
Timeline
Posted

1) Did we do anything incorrectly in "canceling" the visa? Letter should have been notarized and copy of everything also sent to USCIS but I believe you did correct.

2) I'm aware that there will be a waiting period before I can re-apply for the same petition, for the same person. Does anyone have reliable information as to how long this will be?

There is not time limit, just need to send in a waiver letter since you had a petition approved within the last two years.

3) Is it true that one can only petition for a K-1 two times in one's life, period? (Just curious; don't plan on doing it again!!!) No limit again, just the waiver letter since the petitions are within two years of each other.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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