Need advice on K1/K3 or CR1?

[payxibka 10,045]

1 hour ago, dragonmike said:

Ok, now I'm freaking out.

After reading this - https://myimmigrationattorney.com/k1-visa/reapplying-for-a-k-1-visa/

it states "If you do not get married within the 90-day period permitted by your fiancée visa, your fiancée must leave the US, and can only reenter the country if you begin the process again, petitioning for a new K-1 visa. The same requirements apply to fiancée visas that are denied.
According to the Immigration Marriage Brokers Act of 2005, a US citizen can only petition for two K1 visas. If the first marriage fails or never occurs, the American petitioner must wait two years to apply for a new K-1 visa, even if it is on behalf of the same person."

 

So, we were already approved for the K1.  We just want to re-apply.  According to this, we'd have to wait 2 years? 2 years from what date? I mean, we applied Feb 2018, so since it is Jun 2020, we're good?  or, 2 years from the date of entry to the US (Oct 2019) or actually aquiring the VISA (May 2019)?

Given my unique circumstances that were work-related, this is unfair to penalize us for this.  What should I do?  We waited forever for this thing

 

 

How the link describes the multiple filing limitations is either inaccurate or at best misleading.   In addition,  Multiple filing waivers are routinely given.

[dragonmike 1]

15 hours ago, payxibka said:

How the link describes the multiple filing limitations is either inaccurate or at best misleading.   In addition,  Multiple filing waivers are routinely given.

Phew, that's a relief.

How do I get a filing waiver?  Do I submit the full K1 as usual and write a letter on top explaining my situation, or do I need to file for a waiver first, and then include it with the K1?  It would be nice to know beforehand, before wasting all this $$ only to get rejected for filing too early.

 

Also, if we were to do this without the waiver, when does the 2 year clock start ticking? When I applied for the first  K1, when I got the NOA1, the NOA2, date of the interview, date of the K1 in my fiance's passport, date of entry into the US?  I assume the date of approval on the K1 VISA itself.

 

Edited June 2, 2020 by dragonmike
typo

[payxibka 10,045]

30 minutes ago, dragonmike said:

Phew, that's a relief.

How do I get a filing waiver?  Do I submit the full K1 as usual and write a letter on top explaining my situation, or do I need to file for a waiver first, and then include it with the K1?  It would be nice to know beforehand, before wasting all this $$ only to get rejected for filing too early.

 

Also, if we were to do this without the waiver, when does the 2 year clock start ticking? When I applied for the first  K1, when I got the NOA1, the NOA2, date of the interview, date of the K1 in my fiance's passport, date of entry into the US?  I assume the date of approval on the K1 VISA itself.

 

You request it (include it) with the petition submission. 

 

The petition should never be confused with the actual visa.  Two different phases of the process.  Proper use of terminology assures more accurate answers to your questions 

[dragonmike 1]

53 minutes ago, payxibka said:

You request it (include it) with the petition submission. 

 

The petition should never be confused with the actual visa.  Two different phases of the process.  Proper use of terminology assures more accurate answers to your questions 

Thank you! I meant I-129F petition for K1, not the VISA itself.  I found the part in the instructions that you are referring to:

 

"Item Number 5.a. General Waiver. If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case.
Examples of such evidence may include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed."

 

I have a few questions.  The example they show is a death.  In my case, do you think it is sufficient to explain that my employer sent me on a work assignment overseas Jan-May 2020? My fiance arrived October 9, 2019 in the US. Our intent was to marry, but the work assignment would mean that she would have to adjust her status in my absence and she did not want to stay in the US without me.  She's like a blind puppy.  I can include my work VISA for Germany, business letter to the German consulate, plane tickets, passport stamps, and letter of explanation.  Would that work?

 

If for some reason, the waiver is rejected, do I lose my $$ or does it just get delayed until the 2-year mark? I am not a gambling person :(.

 

Mike

 

[payxibka 10,045]

11 minutes ago, dragonmike said:

Thank you! I meant I-129F petition for K1, not the VISA itself.  I found the part in the instructions that you are referring to:

 

"Item Number 5.a. General Waiver. If you have never been convicted of a violent criminal offense against a person or persons, submit evidence to show why a waiver is appropriate in your case.
Examples of such evidence may include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional regarding the death or incapacity of your previous fiancé(e) who was the beneficiary of a fiancé(e) petition you filed."

 

I have a few questions.  The example they show is a death.  In my case, do you think it is sufficient to explain that my employer sent me on a work assignment overseas Jan-May 2020? My fiance arrived October 9, 2019 in the US. Our intent was to marry, but the work assignment would mean that she would have to adjust her status in my absence and she did not want to stay in the US without me.  She's like a blind puppy.  I can include my work VISA for Germany, business letter to the German consulate, plane tickets, passport stamps, and letter of explanation.  Would that work?

 

If for some reason, the waiver is rejected, do I lose my $$ or does it just get delayed until the 2-year mark? I am not a gambling person :(.

 

Mike

 

You lay out your facts and circumstances that explains your situation.   The content of my waiver request will be quite different than yours. 

 

 If the petition is denied for any reason, no refunds.

[dragonmike 1]

On 6/1/2020 at 4:08 PM, payxibka said:

How the link describes the multiple filing limitations is either inaccurate or at best misleading.   In addition,  Multiple filing waivers are routinely given.

Hi,

Here's an update.  We filed for the I129F on June 12.  I got the NOA1 around June 15.

After reevaluating our situation and covid, etc...  it makes more sense to abandon our K1, get married overseas (Mexico or Turkey), and apply for the I130/CR1 instead.

At least this way, I can visit her during Covid lockdown (which I currently cannot because we're not married).  Also, the CR1 would grant her a quicker greencard upon arrival.

Does this seem sensible?  It sucks because I'll lose $535 on the I129F but other than that, I think it might be better for us.

Do you know the steps? I called USCIS and they said we need to write to the field office processing our case and notify them.  They said that we have to wait for confirmation before applying for the I130.  Is this true?  Do you know how long it takes to get confirmation of I129F cancellation?  The USCIS rep couldn't tell me.  The reason why I have doubts is -  I asked if our overseas marriage certificate needed an apostille stamp (I am pretty sure the answer is yes) - the USCIS representative replied "what's that?".

I am wondering if we need to wait for USCIS confirmation of I129F cancellation?  If the answer is yes, how long would it take, approximately?  The USCIS officer didn't seem to have any more information that what is online.

Thanks!

 

[payxibka 10,045]

25 minutes ago, dragonmike said:

Hi,

Here's an update.  We filed for the I129F on June 12.  I got the NOA1 around June 15.

After reevaluating our situation and covid, etc...  it makes more sense to abandon our K1, get married overseas (Mexico or Turkey), and apply for the I130/CR1 instead.

At least this way, I can visit her during Covid lockdown (which I currently cannot because we're not married).  Also, the CR1 would grant her a quicker greencard upon arrival.

Does this seem sensible?  It sucks because I'll lose $535 on the I129F but other than that, I think it might be better for us.

Do you know the steps? I called USCIS and they said we need to write to the field office processing our case and notify them.  They said that we have to wait for confirmation before applying for the I130.  Is this true?  Do you know how long it takes to get confirmation of I129F cancellation?  The USCIS rep couldn't tell me.  The reason why I have doubts is -  I asked if our overseas marriage certificate needed an apostille stamp (I am pretty sure the answer is yes) - the USCIS representative replied "what's that?".

I am wondering if we need to wait for USCIS confirmation of I129F cancellation?  If the answer is yes, how long would it take, approximately?  The USCIS officer didn't seem to have any more information that what is online.

Thanks!

 

When I pulled a petition many moons ago it was about 3 weeks.  Today?  Who knows.

 

When is the marriage event?

 

Where did you read that an apostille was needed?  Nothing requires an apostille. 

[CS_Bradshaw 55]

4 hours ago, dragonmike said:

Hi,

Here's an update.  We filed for the I129F on June 12.  I got the NOA1 around June 15.

After reevaluating our situation and covid, etc...  it makes more sense to abandon our K1, get married overseas (Mexico or Turkey), and apply for the I130/CR1 instead.

At least this way, I can visit her during Covid lockdown (which I currently cannot because we're not married).  Also, the CR1 would grant her a quicker greencard upon arrival.

Does this seem sensible?  It sucks because I'll lose $535 on the I129F but other than that, I think it might be better for us.

Do you know the steps? I called USCIS and they said we need to write to the field office processing our case and notify them.  They said that we have to wait for confirmation before applying for the I130.  Is this true?  Do you know how long it takes to get confirmation of I129F cancellation?  The USCIS rep couldn't tell me.  The reason why I have doubts is -  I asked if our overseas marriage certificate needed an apostille stamp (I am pretty sure the answer is yes) - the USCIS representative replied "what's that?".

I am wondering if we need to wait for USCIS confirmation of I129F cancellation?  If the answer is yes, how long would it take, approximately?  The USCIS officer didn't seem to have any more information that what is online.

Thanks!

 

my friend fill out the I-129F and I-130 at the same time after she got married to a US citizen. she said she got rejected for her I-129F, but got aproved for the I-130. so maybe it might be ok for you to fill the I-130, but the think you need to pay for that too.

 

And yes the CR1/IR1 will make her situation easier after she move to the US, because you dont need to do adjustment status and she can get her green card faster, plus you actually can save some budget because K1 is more expensive then the spousal visa.

 

about the overseas marriage certificate, i never heard of that it need to have stamp before you can submit. because in my case i didnt need to do anything and just uploaded the overseas marriage certificate and they accepted. all you need to do is submit it together with the certified english translation if the marriage certificate arent in english language

[Just Paul 4,595]

2 hours ago, CS_Bradshaw said:

my friend fill out the I-129F and I-130 at the same time after she got married to a US citizen. she said she got rejected for her I-129F, but got aproved for the I-130. so maybe it might be ok for you to fill the I-130, but the think you need to pay for that too.

If they were married and it was back when K3s were actually done then yes they could file a I-129F after the I-130 NOA1 was received.  No need to do that now.

 

If they are married they file an I-130.  If they are not then just an I-129F is all that is needed.

[CS_Bradshaw 55]

24 minutes ago, Paul & Mary said:

If they were married and it was back when K3s were actually done then yes they could file a I-129F after the I-130 NOA1 was received.  No need to do that now.

 

If they are married they file an I-130.  If they are not then just an I-129F is all that is needed.

i understand that. was sharing what my friend told me. she did that last year, so that was the information that i heard from her.