Second request K1 for same fiancee.

[J & R75 4]

I'm a little bit confused.  in 2017 my fiancee got his NOA2.  A few weeks later his mother got sick and we had our issues financially and decided to wait before we got married.  now in 2020 we were thinking of applying for the K1 visa again.  i read that the petitioner can request the same beneficiary twice but that we needed to wait 2 years.  its been a while since we let the visa go we never did a withdrawal. But now i'm confused if i should apply for the K1 or get married and do the CR1.  Since my understanding is that the spousal visa takes longer then the fiancee visa and that there is a chance that it might get denied.

 

Does anyone know if asking for the K1 a second time with the same fiancee will give us a harder time or is it best to do the spousal visa?   

[mushroomspore 3,044]

41 minutes ago, J & R75 said:

I'm a little bit confused.  in 2017 my fiancee got his NOA2.  A few weeks later his mother got sick and we had our issues financially and decided to wait before we got married.  now in 2020 we were thinking of applying for the K1 visa again.  i read that the petitioner can request the same beneficiary twice but that we needed to wait 2 years.  its been a while since we let the visa go we never did a withdrawal. But now i'm confused if i should apply for the K1 or get married and do the CR1.  Since my understanding is that the spousal visa takes longer then the fiancee visa and that there is a chance that it might get denied.

 

Does anyone know if asking for the K1 a second time with the same fiancee will give us a harder time or is it best to do the spousal visa?   

Just do CR1. K1 is a headache and employment authorization is soo delayed due to hving to do AoS. With CR1, you're 100% done and can start working right away.

Edited August 4, 2020 by mushroomspore

[geowrian 22,338]

A multiple filer waiver is needed if either of the following criteria is met:

Quote

1. You are filing this petition on behalf of your fiancé(e) and you previously filed Form I-129Fs on behalf of two or more fiancé(e) beneficiaries; or

2. You are filing this petition on behalf of your fiancé(e), you have previously had a Form I-129F approved, and less than two years have passed since the filing date of your previously approved petition.

It sounds like over 2 years have passed since the filing date of the prior approved I-129F, so #2 does not apply. Assuming #1 does not apply either, then you can file an I-129F without needing a multiple filer waiver.

That said, the multiple filer waiver is basically a sheet of paper describing what happened and requesting the waiver. Generally they are approved.

 

That said, I would suggest seriously taking a look at getting married and doing the CR-1 visa instead. The only advantage of a K-1 here appears to be time, and it's already been 2-3 years delayed. The extra few months for a CR-1 is probably worth it for not having to deal with the inability to work or travel abroad for several months with the K-1 visa.

Also, with the fee changes going into effect soon, the AOS + EAD + AP is going to cost about twice as much. Save the money.

Edited August 4, 2020 by geowrian

[JeanneAdil 6,610]

K 1 is no longer faster than CR 1 and the cost of AOS for a K1 is going up from $1225 to $2195 

The fee to apply for both K1 and CR1 is $535 

A spouse visa allows the immigrant to work immediately upon arrival 

[JFH 12,191]

If you have the opportunity to get married first (travel restrictions permitting, etc) then I would definitely recommend that. There are so many advantages of the CR-1 in peacetime, let alone that during COVID-19 times the CR-1 is seen as mission critical and given priority. During this current travel restriction from Europe, for example, spouses of USCs have been exempt from the ban. Fiancés have not. 

[Ana A 6]

5 hours ago, geowrian said:

A multiple filer waiver is needed if either of the following criteria is met:

It sounds like over 2 years have passed since the filing date of the prior approved I-129F, so #2 does not apply. Assuming #1 does not apply either, then you can file an I-129F without needing a multiple filer waiver.

That said, the multiple filer waiver is basically a sheet of paper describing what happened and requesting the waiver. Generally they are approved.

 

That said, I would suggest seriously taking a look at getting married and doing the CR-1 visa instead. The only advantage of a K-1 here appears to be time, and it's already been 2-3 years delayed. The extra few months for a CR-1 is probably worth it for not having to deal with the inability to work or travel abroad for several months with the K-1 visa.

Also, with the fee changes going into effect soon, the AOS + EAD + AP is going to cost about twice as much. Save the money.

Omg.. 2 or 3 years delay for a K1 visa? I know the virus is delaying everything but I didnt think it could be that bad. Unless I misunderstood what you said because english is not my first language. 

 

[geowrian 22,338]

1 hour ago, Ana A said:

Omg.. 2 or 3 years delay for a K1 visa? I know the virus is delaying everything but I didnt think it could be that bad. Unless I misunderstood what you said because english is not my first language.

I was just saying that your original K-1 journey has already been delayed by 2-3 years (filed in 2017) due to events in your lives.

K-1s in general are not delayed by that much. Well, it's hard to say much about current K-1 delays due to not knowing when each consulate will resume processing them and how much of a backlog they will have when they do.

[Babu Frik 1,162]

8 hours ago, geowrian said:

A multiple filer waiver is needed if either of the following criteria is met:

It sounds like over 2 years have passed since the filing date of the prior approved I-129F, so #2 does not apply. Assuming #1 does not apply either, then you can file an I-129F without needing a multiple filer waiver.

That said, the multiple filer waiver is basically a sheet of paper describing what happened and requesting the waiver. Generally they are approved.

 

That said, I would suggest seriously taking a look at getting married and doing the CR-1 visa instead. The only advantage of a K-1 here appears to be time, and it's already been 2-3 years delayed. The extra few months for a CR-1 is probably worth it for not having to deal with the inability to work or travel abroad for several months with the K-1 visa.

Also, with the fee changes going into effect soon, the AOS + EAD + AP is going to cost about twice as much. Save the money.

is it 2 years from filing (NOA1) or 2 years from approval?

 

[geowrian 22,338]

3 minutes ago, Babu Frik said:

is it 2 years from filing (NOA1) or 2 years from approval?

 

The language posted above is copied from the I-129F instructions. That says it's based on the filing date (NOA1) of the approved I-129F ("...since the filing date of your previously approved petition").

Edited August 5, 2020 by geowrian

[Babu Frik 1,162]

13 minutes ago, geowrian said:

The language posted above is copied from the I-129F instructions. That says it's based on the filing date (NOA1) of the approved I-129F ("...since the filing date of your previously approved petition").

ah sorry didn't realize that

[geowrian 22,338]

Just now, Babu Frik said:

ah sorry didn't realize that

No worries 👍

[retheem 568]

18 hours ago, J & R75 said:

I'm a little bit confused.  in 2017 my fiancee got his NOA2.  A few weeks later his mother got sick and we had our issues financially and decided to wait before we got married.  now in 2020 we were thinking of applying for the K1 visa again.  i read that the petitioner can request the same beneficiary twice but that we needed to wait 2 years.  its been a while since we let the visa go we never did a withdrawal. But now i'm confused if i should apply for the K1 or get married and do the CR1.  Since my understanding is that the spousal visa takes longer then the fiancee visa and that there is a chance that it might get denied.

 

Does anyone know if asking for the K1 a second time with the same fiancee will give us a harder time or is it best to do the spousal visa?   

Go CR1 way. Otherwise you will be saying "love is not tourism" until the next kingdom come. And, with CR1/IR1 you will start working immediately you get to the US. K1 processing is about to get $1000 more expensive than a CR1.

[SteveInBostonI130 3,482]

22 minutes ago, retheem said:

Go CR1 way. Otherwise you will be saying "love is not tourism" until the next kingdom come. And, with CR1/IR1 you will start working immediately you get to the US. K1 processing is about to get $1000 more expensive than a CR1.

Actually,

 

The K1 has always been about $1000 more expensive than CR1.   It will be about $1900 more expensive in the future.

[retheem 568]

32 minutes ago, SteveInBostonI130 said:

Actually,

 

The K1 has always been about $1000 more expensive than CR1.   It will be about $1900 more expensive in the future.

Weuh! Being a fiancé is a very expensive venture lol.

[SalishSea 18,099]

OP, keep in mind that if you do opt for another I-129F petition for a K-1, you will still need to satisfy the requirement of the in-person meeting during the immediate two years.