Second Time Filer

[jayme2001 1]

Hello,

In 2016 my then K-1 beneficiary, successfully completed the process to have him enter the USA from Brazil.  Short version of the story, he left, went back to Brazil,

we never married and he left within his allotted time to be in the country.  The culture shock was too much for him and his father had died unexpectedly in January of the year when we filed in February.  

He was unprepared for the difficulties that his family would have without his father, and he just couldn't stay in the USA while his family needed him in Brazil.  We remain friends.

We filed in  the spring of 2016, he entered the USA in January of 2017 and left in April of that same year.  

So three years ago.

I am preparing another K-1 application for my current fiancé.  I've searched but I cannot find the rules about this.  I, of course, list the first k-1 on the I-129F,

But does anyone know how that first filing will affect the second filing?

 

[Sparkle Sparkle 914]

12 minutes ago, jayme2001 said:

Hello,

In 2016 my then K-1 beneficiary, successfully completed the process to have him enter the USA from Brazil.  Short version of the story, he left, went back to Brazil,

we never married and he left within his allotted time to be in the country.  The culture shock was too much for him and his father had died unexpectedly in January of the year when we filed in February.  

He was unprepared for the difficulties that his family would have without his father, and he just couldn't stay in the USA while his family needed him in Brazil.  We remain friends.

We filed in  the spring of 2016, he entered the USA in January of 2017 and left in April of that same year.  

So three years ago.

I am preparing another K-1 application for my current fiancé.  I've searched but I cannot find the rules about this.  I, of course, list the first k-1 on the I-129F,

But does anyone know how that first filing will affect the second filing?

 

 “Multiple filer” section (item # 5a to 5d). It’s an actual law that limits your I-129F petitions to a maximum of 2 times (IMBRA) in your lifetime.

 

According to these instructions, you’re a multiple filer if…

1. your most-recent I-129F was approved less than 2 years ago; or
2. you filed the I-129F twice or more anytime in the past.
 

If either of these apply to you, then you need a waiver. A waiver is a way ask for forgiveness and permission to go over this IMBRA limit with your current I-129F.

 

In your case, just answer honestly the part that ask about your previous petition. It's been more than 2 years since you filled your last petition... So you in the clear...