Second K1 Petition

[Yazan 0]

Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

[ineedadisplayname 497]

37 minutes ago, Yazan said:

Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

You might get some questions at the interview. All depends on the timeline of when that happened. 

 

Also it is not a visa issue, but I would be careful of giving up my life at home because of his previous history... Also all this depends on the timeline he had with the other guy.... Also would be beneficial to discuss if u r in a monogamous relationship or the two of u can play separately or together so it wont be a surprise and nobody will be miserable....

 

As 129F he can file it without an issue but as far as i know he will need a multiple filers wavier because of the previous 129F.

[Yazan 0]

He is not into poly-amorous relationship, he was in a relationship with a man for 20 years and this tells a lot about him, i am also not into multiple relationship. Its very common in gay culture but we are different. So i am very positive in him, his previous relationship with Spanish guy broke up because he was ashamed of his sexuality. He was a confused personality and he would pick on my fiance time to time, this is the reason their relationship ended. 

He filed for I-129F  1.5 years ago and it got approved but my question is that they didn't proceeded with it. So does it have any implication on our new I-129F? And if we have to file a waiver, is that reason will be valid enough that there were irreconcilable differences between them in order to gain a waiver?

[payxibka 10,045]

3 hours ago, ineedadisplayname said:

 

 

As 129F he can file it without an issue but as far as i know he will need a multiple filers wavier because of the previous 129F.

Waiver requuired only if it is the second petition within 2 years or the third petition overall.

[Yazan 0]

Does my fiance have to type a letter to the USCIS specifying the conditions of previous approved I-129F, is there any specific format and do we have to send this letter in the packet with I-129F?

[payxibka 10,045]

2 hours ago, Yazan said:

Does my fiance have to type a letter to the USCIS specifying the conditions of previous approved I-129F, is there any specific format and do we have to send this letter in the packet with I-129F?

Are you requesting a waiver?  If so, under which pretense 

[SalishSea 17,824]

9 hours ago, Yazan said:

Hello,

 

Me and my fiance met in May, and we have decided to get married. The issue here and we are confused with is that, my fiance was previously married to a Spanish and he filed I129F for him, It got approved but they never proceed with the further K1 visa process and that form eventually got expired. Also my Fiance moved to Spain but their marriage did not worked out and he moved back to the US. After that we met online and after 9 months we met in May and now he is filling for divorce to his first marriage. Will it cause any issue for us since he filed for his previous fiance an I129F (which they never proceeded with)? Also, we have an age gap of 27 years and are a same-sex couple. His previous marriage was also a same-sex marriage.

Make sure he does not file the new I-129f until his current divorce is absolutely final with decree in hand.

[Yazan 0]

Divorce is in the process, without it USCIS will reject our application. Since he is not a criminal and convicted felon, we are choosing the option General Waiver, as his records are clean. Do we have to submit his police clearance certificate as well?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.