Second petition, going from K-1 to K-3

[fcarrike 1]

Hello,

I've successfully filed a K-1 visa for a fiance and brought her to the U.S. from Costa Rica. However our relationship was not successful and I sent her back home.

I have now fallen in love with someone that I know loves me too. Big difference!

I found information on the USCIS website that said if you have already filed one K-1 visa application, you can not file another one until two years from the date of the first one was filed and received by USCIS. And also that you can only file a K-1 visa application twice in your life.

However, because we both know we are in love and want to do this, we want to get married in Costa Rica at her families church and then file for a

K-3 Spousal visa.

Can someone tell me if the same restrictions would apply as above with filing two K-1's? I can't find anything specifically mentioning this on the USCIS website.

We don't want to wait another 10 months just to submit the application and then another 9-10 months waiting on the USCIS to complete the processing.

[Alaska2012 462]

You sent her back home? Dude you are not returning shoes that doesn't fit! Make sure you really get to know the new one!

Now with that said, K3 is more or less obsolete. Read up on CR1! The guide here on VJ is awesome!

[nomadnoor 29]

So you need to be aware that you are more likely for your new visa application to be red flagged because of the first relationship not working out for what ever reason.

K-3 visas are no longer issued as Alaska2012 stated there is only the IR/CR1 track for a spousal visa. I highly recommend that you spend a lot of time getting to know this person and living with them BEFORE you tie the knot and start the visa process as your last relationship was unsuccessful.

Read up on the IR/CR1 visa process and good luck.

[fcarrike 1]

Thank you both for the advise. and just as a FYI, with the first one, I simply didn't trust my intuition. It is always right, but sometimes I fail to listen to it. I think we all do that once in a while.

[Zedayn 485]

I found information on the USCIS website that said if you have already filed one K-1 visa application, you can not file another one until two years from the date of the first one was filed and received by USCIS. And also that you can only file a K-1 visa application twice in your life.

This is not true. You can file a 2nd (or more) I-129F petitions if you like. The only difference is that if you file and less than 2 years have passed since your first petition, or this is your 3rd or more petition, you simply need to include a letter requesting a waiver. Most of the time the waivers are approved, you just need to ask for it. I also had to request a waiver for my wife, as she was my 2nd K-1. No issues at all.

The K-3 visa is pretty much obsolete. If you marry there, you would be filing for a CR-1 visa.

The multiple filing limitations placed on the K-1 do not apply to the CR-1.

[fcarrike 1]

Thanks Zedayn, I read the information about the waiver but it said you had to send it to the Secretary of Homeland Security.

Good information!

Can you tell me any more information about how I should write the request for waiver?

Edited January 31, 2016 by fcarrike

[Zedayn 485]

Thanks Zedayn, I read the information about the waiver but it said you had to send it to the Secretary of Homeland Security.

Good information!

Can you tell me any more information about how I should write the request for waiver?

You only need to include the waiver letter with your petition. That's it!

This is similar to what I wrote for my waiver request letter (taken from this post: http://www.visajourney.com/forums/topic/509146-waiver-for-multiple-fiance-filings/?p=7177435 )

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,

[NikLR 13,227]

~~moved to what visa do I need from K3 process and procedures. OP has not definitively decided on a visa path~~

[Ebunoluwa 6,136]

Thanks Zedayn, I read the information about the waiver but it said you had to send it to the Secretary of Homeland Security.

Good information!

Can you tell me any more information about how I should write the request for waiver?

No, you include it in your next petition. Zedayn is correct.

The K3 is obsolete, the CR1 does not require a waiver.