K1 visa overstay. Desire to marry another

[Samuel + Retchel 0]

I did a K1 for a girl in China. We didn't workout, but she would not return to China and moved out while I was at work and is now an overstay. I desire to process a K1 for a girl in the Philippines who has been a long time friend. What troubles am I facing and what can I do?

Sam

[LovinLiberia 0]

How long ago did you file the other one?

[YuAndDan 153]

You may need to file a waiver for the IMBRA rules.

NUMERICAL LIMIT: Under current USCIS reading of Section 832 of IMBRA , there is a numerical limitation to how K 1 Visas you can do freely without restriction, namely a "lifetime" limit of two (2) previously approved K-1 Visa petitions unless you can secure a Section 832 Waiver (or special exception) from Homeland Security.

TIME LIMIT: Also, under current USCIS reading of Section 832 of IMBRA, if you have filed one approved K-1 Visa in the past 24 months, you must wait 24 months from the filing date of the last K Visa petition, before you may file a new K Visa petition, unless you secure a Section 832 Waiver (or special exception) from Homeland Security.

Under USCIS language in the new Form I-129F: "If you have filed two or more K-1 visa petitions at any time in the past or previously had a K 1 visa petition approved within 2 years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written request with this petition accompanied by documentation of your claim to the waiver." "If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence include, but not limted to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K [1] visa." For more, see http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

http://usaimmigrationattorney.com/IMBRAWaiverPetitions.html

[MaydayDas 1]

I did a K1 for a girl in China. We didn't workout, but she would not return to China and moved out while I was at work and is now an overstay. I desire to process a K1 for a girl in the Philippines who has been a long time friend. What troubles am I facing and what can I do?

Sam

hope it is a long time between the 2 applications....it doesn't sound too good to go from a fiance to another one

[1HappyGuy 45]

You have a problem. You need to contact the USCIS about the overstay before you file anything else. This woman is now here illegally and needs to return to her country. She may claim abusive status against you which would create more problems before you file for another. Contact the USCIS immediately giving them full disclosure of the situation and her whereabouts. You might consider contacting an immigration attorney to protect yourself.

[David-Hien 11]

In Vietnam, they denied and returned the case back to USCIS for the same case happened as your case because the man didn't complete all the nessary steps to the waiver for the previous case, he droped the first sponsor without any notification.

You should re-check and do the necessary things for the first sponsor to finish it completely.

Hien

[TimsDaisy 0]

I desire to process a K1 for a girl in the Philippines who has been a long time friend. What troubles am I facing and what can I do?

You mean she's your fiancee and before that she was your long time friend, right? K1s aren't for long time friends, they're for fiances, so that's your first problem.

[eau_xplain 2]

You have a problem. You need to contact the USCIS about the overstay before you file anything else. This woman is now here illegally and needs to return to her country. She may claim abusive status against you which would create more problems before you file for another. Contact the USCIS immediately giving them full disclosure of the situation and her whereabouts. You might consider contacting an immigration attorney to protect yourself.

I don't think the ex-fiancee can do that as a marriage did not occur. VAWA is only available to spouses who are/have been abused.

Edited April 26, 2007 by eau_xplain