Briansok
Jul 3 2008, 05:39 PM
Hello, Can anyone please answer my question? Has anyone ever filed for a 2nd k-1 for the same fiance? My fiance came here (US) on a k-1 visa....We had some problems and she went back before the alloted 90 days. We both know we made a big mistake and truly realize that we love eachother and want to get married. I know about the imbra waiver, my question is: do I need to hire an attorney to complete this 2nd k-1. I have already spoken to a lawyer and he says it will cost me atleast 2500.00. Any advice would be appreciated, thanks, Brian
Turboguy
Jul 4 2008, 05:32 AM
Brian, what you experienced is more common than you realize. Lots and lots of people do that and they are very lenient on someone applying for a K-1 waver for the same fiancee. I doubt they spend 10 seconds before they approve it.
Actually if my full timeline was disclosed I applied for one K-1 for fiancee number 1, got the visa, she came here. She went home in 89 days. I applied for a second K-1 for her 3 weeks after she went back. Cancelled in 10 days later. Applied for a K-1 for a second fiancee about 16 months later and had that approved.
Filling in a few gaps in what I just said. After fiancee # 1 went back she told me her keyboard was covered with tears because she realized she had made the biggest mistake of her life when she left, so new K-1. I found some things shortly thereafter that were totally unacceptable i.e. plans to spend a few weeks with another guy she was romantically interested in while she was my fiancee, not my idea of acceptable behavoir for a fiancee.
Anyway Brian, you will be fine. Don't waste the money on a lawyer. I mentioned in my pm I know one guy whose waver was just approved on his 5th K-1. I think they are being pretty lenient so far.
Turboguy
Jul 4 2008, 05:37 AM
Something I just thought of Brian. Technically you don't need the waver. The IMBRA law reads 2 K-1's for different fiancees within a 2 year period but the last I heard they were sending RFE's for the waver letter for those applying for the same fiancee even though according to the exact wording it should not be required.
Write the letter but don't loose any sleep over this. You will get approved.
Nagishkaw
Jul 4 2008, 05:57 AM
I wrote a letter requesting a waiver ' if needed ' because I did not know how anyone would interpret that law, as it is rather vague. Somehow one plus one does not equal three, but you just need to cover your behind . Turns out we didn't need a waiver and were approved the second time around. Request one anyway, and explain what happened . As Turbo said, you should be fine.
pushbrk
Jul 5 2008, 09:17 PM
QUOTE(Nagishkaw @ Jul 4 2008, 03:57 AM)

I wrote a letter requesting a waiver ' if needed ' because I did not know how anyone would interpret that law, as it is rather vague. Somehow one plus one does not equal three, but you just need to cover your behind . Turns out we didn't need a waiver and were approved the second time around. Request one anyway, and explain what happened . As Turbo said, you should be fine.
I would write the letter but it can be brief and to the point. You've pretty much covered the needed information in your opening post. They don't need all the details. You can just say you "realized you made a mistake" or "we were stupid".
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