K1 After a K3 (did not complete the AOS)

[Malarie 0]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

[Malarie 0]

oops I realize I put this in the wrong Forum ... I wanted it to be in the Imbra forum.... can someone please move it?

Edited August 7, 2008 by Malarie

[Ban Hammer 13,269]

oops I realize I put this in the wrong Forum ... I wanted it to be in the Imbra forum.... can someone please move it?

done

[payxibka 10,045]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I believe it is actually multiple filings of I-129F petitions because a USC does not apply for a visa. Many have multiple petition filings, some withing the two year time limitation period and some outside of it. Most if not all seem to have had the petitions approved. If you are inside the two year period just attach a supplemental sheet requesting a waiver of the limitation.

Edited August 7, 2008 by fwaguy

[pushbrk 12,821]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I believe it is actually multiple filings of I-129F petitions because a USC does not apply for a visa. Many have multiple petition filings, some withing the two year time limitation period and some outside of it. Most if not all seem to have had the petitions approved. If you are inside the two year period just attach a supplemental sheet requesting a waiver of the limitation.

Right but whether a waiver letter is needed will depend on the timing of the previous I-129F approval. When was that?

[Malarie 0]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a petition for a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I believe it is actually multiple filings of I-129F petitions because a USC does not apply for a visa. Many have multiple petition filings, some withing the two year time limitation period and some outside of it. Most if not all seem to have had the petitions approved. If you are inside the two year period just attach a supplemental sheet requesting a waiver of the limitation.

Right but whether a waiver letter is needed will depend on the timing of the previous I-129F approval. When was that?

Hi -

The previous 129f was approved 4/07 -- We have only just begun to talk about things and if we move in this direction a petition will not even be considered until subsequent face to face visits have been and more time time has past -- probably sometime in 2009.

Thanks for your assistance!

[pushbrk 12,821]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a petition for a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I believe it is actually multiple filings of I-129F petitions because a USC does not apply for a visa. Many have multiple petition filings, some withing the two year time limitation period and some outside of it. Most if not all seem to have had the petitions approved. If you are inside the two year period just attach a supplemental sheet requesting a waiver of the limitation.

Right but whether a waiver letter is needed will depend on the timing of the previous I-129F approval. When was that?

Hi -

The previous 129f was approved 4/07 -- We have only just begun to talk about things and if we move in this direction a petition will not even be considered until subsequent face to face visits have been and more time time has past -- probably sometime in 2009.

Thanks for your assistance!

If the filing is more than two years after the earlier approval, a waiver isn't necessary. I think if I were in those shoes, I'd write the letter of explanation anyway and throw in a sentence requesting a waiver if needed. That will cover all bases. Good luck.

[Beauty for Ashes 257]

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I did a cr1 after a failed spousal and had to deal with imbra. I used ALEX HALOW, my husband went through Algiers and is here now. Ive been through it all. DO NOT TRY THIS WITHOUT AN ATTORNEY> Alex HALOW is an expert on imbra and he got mine here despite several filings

Hi Everyone,

I am looking for a little direction. I have read this forum and I see many topics that say multiple filings of K1 visas, however I do not see a topic that exactly pertains to my situation. I previously filed a spousal visa (which was approved) and my now ex spouse came over on the K3 visa. Long story short (without all the gooey details) the relationship failed - it was a nightmare. We filed the AOS papers, however, we NEVER attended the AOS Interview. I subsequently officially withdrew my affidavit of support.

Fast forward ... I am happy to say that I have met someone (from a different country as I am the USC) and we have begun to get serious about things and of course the first thing in my mind is - would this even be a possibility? So I would like to know if any one has personal experience or knows of any other situation such as this (filing for the K1 after the K3) and if the case was successfully approved.

That being said - if you were or are in this situation and you have any advice it would be greatly appreciated.

The thought of going through all of this again is terrifying and to add the past filing issue.

Will a waiver be necessary?

Will the past filing add excrutiating wait times to the process?

Is it worth getting a lawyer up front or give this a try without one?

Thanks for any words of wisdom!!

Mal

I believe it is actually multiple filings of I-129F petitions because a USC does not apply for a visa. Many have multiple petition filings, some withing the two year time limitation period and some outside of it. Most if not all seem to have had the petitions approved. If you are inside the two year period just attach a supplemental sheet requesting a waiver of the limitation.

imbra CERTAINLY applies . it cost me an extra year without my spouse...