Applying for a second K-1 within a year.

[Marina + Dave 0]

Hey everyone,

Long time so see! I actually tried to make a new account as it's totally awkward using this one since Dave and I did not and will not get married, but when I tried to post using my new account it wouldn't let me! So, I just logged back on this one!

Dave and I applied for our K-1 beginning last December, were approved by USCIS in Feb, had our interview in London in March (approved) -and promptly broke up the next day. ---hehe...not joking, we broke up the day AFTER we got the visa. Needless to say, that kinda sucked! I spoke to the consulate in London and they said that we did not need to cancel the visa and that it would just expire on its own.

However, while I was living in London -AFTER Dave and I broke up for anyone who is wondering- I started seeing another guy who is Brazilian. We've been dating for about 5 months now and are thinking about applying for the K-1. ---And from my experience on VJ I feel as if I should ask that people please do not judge me on this (1) getting the visa and then breaking off my wedding (better that we made that decision before he even came to the US, right?? (2) that I potentially found the man I want to spend the rest of my life with so soon and that we've decided to file so fast (because really no one knows the situation). Sorry, if I seem a bit defensive and no one has even said anything! But I assure you it's from past experiences on VJ!

Anyway, to the point! What are the implications of me filing another K-1 so soon after my old one. Would it be really bad for me to file the 1-129F BEFORE Dave's K-1 visa expires? Could someone briefly explain IMBRA to me?

Thanks so much!!!

Marina

[mendeleev 68]

In some ways, IMBRA seems designed to catch men who superficially appear to be like you. You will need to request a waiver from the 2-year filing restriction. You'll need to convince USCIS that there is a good reason that the previous K1 didn't work out. There seems to be not so much guidance on what a good reason might be.

If you got married and were applying for a K3 or CR1, IMBRA would not apply to youl

You might want to read this guidance memo published last year:

www.uscis.gov/files/pressrelease/IMBRA072106.pdf

My wife, as a fiance, came here and left, worrying about moving to the foreign country. (She still does worry about this.) I was concerned about IMBRA and ended up with legal advice that we find a way to get married, just so we wouldn't have to put up with the "Are you really going to get married this time?" sort of question.

You'll probably need to read as much as you can, since now there is some experience at how IMBRA waivers are adjudicated although a year ago there wasn't.

[1HappyGuy 45]

The USCIS is interpreting the IMBRA law to mean if you apply for two or more K-1 visa applicants, you need to request a waiver from being restricted from applying. That didn't come out well, did it? Anyway, you need to request a waiver and in that waiver explain fully the circumstances of your previous application. You should provide names, dates, case numbers, reasons for not completing the process and also whether your fiance actually entered the U.S. with the visa. Be business like and straight forward in your request. They have been allowing waivers quite a lot but remember you need to be honest and show that there is no attempt at fraud or any dishonesty.

IMBRA was implemented to protect primarily foreign women from abusive men, men trafficking in women and men convicted of serious crimes including drug related crimes. The effect is to subject many more people to this law than was intended and the confusion it causes has kept many awake at night.

If you search the IMBRA posts going back to summer of 2006 you will find plenty of examples of waivers. If you can't find any, send me a personal message.