Help - Search - Members - Calendar
Full Version: k-3 after two k-1 visas used up ??
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IMBRA Special Topics

Seattle2Cebu
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?
wifetobe
QUOTE(Seattle2Cebu @ Apr 22 2008, 04:59 AM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?

I believe you would need to apply for a waiver along with your petition but I'm sure others will intervene and guide you!
pushbrk
QUOTE(wifetobe @ Apr 22 2008, 03:15 AM) *
QUOTE(Seattle2Cebu @ Apr 22 2008, 04:59 AM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?

I believe you would need to apply for a waiver along with your petition but I'm sure others will intervene and guide you!


The limitations don't apply to K3 but you would have to answer the same IMBRA related questions on the I-129F.

A CR1 path with no I-129F would seem a better choice but the only one I've seen do that took a very long time to get through USCIS to NOA2. I haven't really been following it, so I don't know how much longer than a year but at least a year in a black hole.
fwaguy
QUOTE(Seattle2Cebu @ Apr 21 2008, 10:59 PM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?


You can have more than two petitions for K-1 but on the third and any subsequent try you need to request a waiver. To the best of my knowledge most if not all who had applied for waivers had them granted but then again it has been a while too....
zqt3344
ummmmmm, speaking from experience FWAGUY. whistling.gif
QUOTE(fwaguy @ Apr 22 2008, 01:11 PM) *
QUOTE(Seattle2Cebu @ Apr 21 2008, 10:59 PM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?


You can have more than two petitions for K-1 but on the third and any subsequent try you need to request a waiver. To the best of my knowledge most if not all who had applied for waivers had them granted but then again it has been a while too....

fwaguy
QUOTE(zqt3344 @ May 1 2008, 11:26 AM) *
ummmmmm, speaking from experience FWAGUY. whistling.gif
QUOTE(fwaguy @ Apr 22 2008, 01:11 PM) *
QUOTE(Seattle2Cebu @ Apr 21 2008, 10:59 PM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?


You can have more than two petitions for K-1 but on the third and any subsequent try you need to request a waiver. To the best of my knowledge most if not all who had applied for waivers had them granted but then again it has been a while too....



Consuidering that I have taken the time to try and read and understand the underlying law, something you have failed to do on a daily basis.
zqt3344
ahhhhhhh I see the resident expert in law now, very interesting. good.gif

QUOTE(fwaguy @ May 1 2008, 12:32 PM) *
QUOTE(zqt3344 @ May 1 2008, 11:26 AM) *
ummmmmm, speaking from experience FWAGUY. whistling.gif
QUOTE(fwaguy @ Apr 22 2008, 01:11 PM) *
QUOTE(Seattle2Cebu @ Apr 21 2008, 10:59 PM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?


You can have more than two petitions for K-1 but on the third and any subsequent try you need to request a waiver. To the best of my knowledge most if not all who had applied for waivers had them granted but then again it has been a while too....



Consuidering that I have taken the time to try and read and understand the underlying law, something you have failed to do on a daily basis.

Caladan
QUOTE(pushbrk @ Apr 22 2008, 10:30 AM) *
QUOTE(wifetobe @ Apr 22 2008, 03:15 AM) *
QUOTE(Seattle2Cebu @ Apr 22 2008, 04:59 AM) *
I had an phony scammer burn up my second k-1 petition.. If at some point in the future, I married overseas, and then brought my wife on a k-3 does any of this imbra stuff apply?

I believe you would need to apply for a waiver along with your petition but I'm sure others will intervene and guide you!


The limitations don't apply to K3 but you would have to answer the same IMBRA related questions on the I-129F.

A CR1 path with no I-129F would seem a better choice but the only one I've seen do that took a very long time to get through USCIS to NOA2. I haven't really been following it, so I don't know how much longer than a year but at least a year in a black hole.


Anecdotally around here, people have found that they've needed a waiver for the K-3; at least, it's not clear that USCIS is interpreting the law as written. It's supposed to apply only to K-1s.

But as written, he'd just have to answer the IMBRA questions like anyone else. In practice, he might have to write a waiver (but they seem to be pretty easy to secure.)

I wouldn't recommend marrying *just* to avoid IMBRA, because simply being married doesn't make the relationship automatically more valid.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.