Applying twice for K-1 Visa

[kyk503 0]

I'm a US citizen and previously, I have applied for a K-1 visa for my "ex-fiance". The I-129 was approved and the petition was forwarded to U.S. Embassy for her interview. Right at this time, due to personal circumstances we decided not to get married. (Of course she never followed up with the interview). FYI, I-129 was approved on July 31st, 2014. NVC received the approved I-129 on Oct 21st, 2014.

Since then I've met someone else (who also happens to be a foreigner) and I'm looking to repeat this same process of applying for her K-1 visa.

My concern is, how will the older K-1 visa that I filed (for my ex-fiance) affect the new K-1 visa I intend to file for my new fiance?

I tried calling the USCIS and NVC to try to cancel the first visa but I cannot seem to get a straight answer. Not really sure who to call at this time because these government people either never pick up the phone or give different answers.

[Adil & Jeanne 296]

first - do send a letter / no form involved requesting the first K 1 cancelled

i can not comment on the rest as i don't know the answer but others will

GOOD LUCK

[True Love at Last 15]

Send a letter to cancel the previous K1. Include all important information, etc.

You can apply for your new fiance no problem. Note: A US citizen is only allowed two Fiance visas in a lifetime. I dont think the first application counts because it was not completed but I can't be certain about that.

Don't offer more information than requested. Be truthful of course. Make sure your new fiance knows all about the last one in the event she is questioned. Better you have everything on the table.

Good luck.

[Lee 23 5]

You will need to apply for a wavier, as a previous application was approved less than two years ago.

see http://www.visajourney.com/forums/topic/354888-imbra-waiver-for-second-k1-is-less-than-2-years/

Also, a wavier would be needed if applying for a 3rd K1 visa.

Edited October 14, 2015 by Lee 23

[KayDeeCee 4,891]

There was no K-1 application. It never went that far. You only had an approved I-129F petition. Send a letter to withdraw that petition.

You need to include a waiver statement with your next I-129F petition.

From the I-129F instructions > http://www.uscis.gov...i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously
approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim
to the waiver.

~ Moved from K-1 Process IMBRA Special Topics - topic about IMBRA waiver ~

[baron555 934]

. Note: A US citizen is only allowed two Fiance visas in a lifetime.

That's wrong information.

There is no limit. There is a waiver requirement as mentioned below:

There was no K-1 application. It never went that far. You only had an approved I-129F petition. Send a letter to withdraw that petition.

You need to include a waiver statement with your next I-129F petition.

From the I-129F instructions > http://www.uscis.gov...i-129finstr.pdf

2. What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?

You must apply for a filing limitations waiver if any of the following apply:

a. You have previously filed K-1 petitions for two or more beneficiaries; or

b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously

approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim

to the waiver.

[kyk503 0]

Thank you for such great answers.

So is there a structured "formal" way to write a waiver? Or is it basically a letter explaining my circumstances that I had no intention to go through marriage with my first K-1 fiance?

If there is a proper way to write a waiver, please teach me.

Thank you again.